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23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  MSSO 

(716)  S72-4S03 


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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  tor  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


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D 


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Coloured  covers/ 
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I      I    Covers  damaged/ 


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Covers  restored  and/or  laminated/ 
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obtenir  la  meilleure  image  possible. 


10X 

14X 

18X 

22X 

26X 

30X 

v< 

12X                            16X                            20X                            24X 

28X 

32X 

Th«  copy  fiimad  hore  has  bMn  rsproducad  thanks 
to  the  generosity  of: 


L'exempiaire  'ilm6  fut  reproduit  grAce  d  la 
gAnArositA  &/: 


University  of  Calgary 

The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
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filming  cor'aact  specifications. 


University  of  Calgary 

Las  images  suivantas  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  netteti  de  l'exempiaire  film6.  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 


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first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  —^(meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
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right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  exemplaires  originaux  dont  la  couvetture  en 
papier  est  imprimte  sont  filmte  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
derniire  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  filmte  en  commenpant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  dee  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — ^  signifie  "A  SUIVRE  ",  le 
symbols  V  signifie  "FIN". 

Les  caries,  planches,  tableaux,  etc.,  peuvent  dtre 
filmis  d  des  taux  de  reduction  diffd'ents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  cliche,  ii  est  film6  A  partir 
de  Tangle  supirieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  nicessaire.  Les  diagrammes  suivants 
illustrent  la  mithode. 


32X 


1 

2 

3 

4 

5 

6 

i 


1 


Q^g^;^«-pnH 


FUR-SEAL    ARBITRATION. 


APPENDIX 


TO 


The  Case  of  the  United  States 


BKFOltK    IHK 


TRIBUNAL  OF  ARBITIUTION 


TO  CONVENE  AT  PAIIIS 


UNDKK  THK 


blATES  OF  AMERICA   AM)  ,i|{EAT   HKITAm 
CONCLUDED  FEI5RUA14Y  '20    1x^9 


!':i5RUAltY  29,  1892. 


VOIAJiME  I. 


\ 


) 


WASHINGTON,  D.  C: 
GOVEUNMENT   I'KINTINO  OFFIOB. 


UBH^ilY 


UNiV 


»» 


l!j 


£RTA 


■h. 


T  A  I^  I.  E    OF    CONTENTS. 


Jreaty  of  arbitration  of  1892 "  ^ 

Moihis  Vivendi  of  \HW2 ,, 

Additional  facts  relating  t.i  tlie  Hussian  American  Company 9 

linsHia's  early  title  to  2iart«  of  the  American  coast ■.". ..,.  ]2 

Imperial  HiiHsiaii  edicts  relating  to  the  Hiissian  American  Comi);inv  11-31 

Charter  of  171t!t '  ., 

Ukase  of  1821 '"'"'"'. i(j 

Charter  of  1821 .!...'... 24 

Confirmation  of  cliarter  of  ISi'l 27 

Charter  of  1844 ,   .,u 

Treaties .^.^1^ 

Great  Britain  and  Spain,  17!My... .  "  32 

United  .States  ami  Great  Hriiain,  1X18 34 

United  States  and  Spain,  1819 34 

United  States  and  Kussia,  1824 35 

Great  Jiritaiu  and  Unssia,  1825 39 

United  States  and  Kussia,  18(i7 43 

K'nssian    corresi.ondence  relating  to  the  affairs  of  the  Russian  American 

Company ^^  ^^ 

Part  I.  liliistriiting  Russia's  exercise  of  Jurisdiction  ov  jr  JJering  Sea  . . .  4<)-80 

Minister  of  Finance  to  Minister  of  Marine,  April  9,  icL'O 49 

Minister  of  Finance  to  Board,  April  10,  1820 ..""  ....  r,"l 

Board  to  Chief  Manager,  April  23,  1820 !!'..."'.'...!.  53 

Board  to  (Jhief  Manager,  March  31,  1821 55 

Board  to  Chief  Manager,  August  3,  1820 " ."  57 

< )rders  to  Kadiak  olHce,  August  3,  1820 !...!.!.!."."  57 

Board  to  Chief  Manager,  March  15,  1821 58 

Board  to  Chief  Manager,  Sei)teniber  7,  1821 .'  59 

Board  to  Chief  Manager,  September  20,  1«21 ' .  ]  *  |  59 

Board  to  Chief  Manager,  February  28,  1822 "  "  gj 

Board  to  Chief  Manager,  July  31,  1822 ..!!.."..'.  61 

Minister  of  Finance  to  Board,  July  18,  1822 ..!!!!!!!!!!!  62 

Minister  of  Finance  to  Board,  April  2,  1824 |^|  (53 

Count  Xesselrode  to  N.  S.  Mordviuof,  April  11,  1824 .'  64 

Minister  of  Finance  to  Hoard,  September  4,  1«24 "  67 

Count  N(!sselrode  to  Minist.ir  of  Finance,  August  18,  1824,  inclosing 

Proceedings  of  Conference  of  July  21,  1824 68 

Board  to  I,  A.  Kujireianof,  March  31,  1840  . 71 

B(.ard  to  Acting  Chief  Manager,  March  20,  1853 '.. ........  72 

Chief  Manager  to  Beuzeman,  Jnue  20,  1861 \\  74 

Dejiartment  of  Commerce  to  Board,  Jun^e  19,  1K65 75 

Concerning  the  grant  iiig  of  a  fourth  charter 7k 

Opinion  of  C(Mincil  of  State 79 

Proclamation  „ „!, 

Ill 

74036 


IV 


TABLE    or    rONTKXTS. 


i   I! 


RusHian corrospoudoiicc,  etc.— Contiinied.  Pago. 

rart  II.  llliistiiitiii^  Kii«siaii  iiiaiia<;eiiifiit  on  the  Sciil  iKlaiuls 80-90 

Hoard  to  L'liicf  Maiia^iT,  April  (i,  1817 80 

Board  to  Chief  Maiia<;<r,  Manh  8,  1848 81 

Board  to  C'ai)tain  HiKJakof,  Ai>ril  22,  185:{ 82 

Board  to  Chief  Manager,  April  21,  1851 82 

Board  to  Chief  MaiiM«>er,  November  8,  185 1 83 

Board  to  Chief  Maiiaj-er,  .liiue  5,  1857 84 

Chief  MMna<i;er  to  Board,  Oetobei'  7,  1857 81 

Chief  Manager  to  Board,  January  13,  185!l 86 

Chief  Maiiaj;er  to  Board,  May  13,  18(i0 80 

Chief  Maniij.er  to  Board,  .July  16,  1863 88 

Chief.  Manajfcr  to  Manager  of  St.  I'anl,  May  1,  l.SOl 8<» 

Xotiee  IssucmI  hy  the  United  States  joverninent  in  1815 91 

Aetion  of  the  Uuitod  .States  (ioverninent  relative  to  Alaska  sinee  tlie  cession.     92-121 

Laws  enacted  by  Cougi'ess 92-99 

Aetion  of  the  Kxeeutive 99-113 

Decisions  of  the  Unit.4sd  States  c<inrts 113-124 

Notes  on  the  fur  industry  of  Bering  Sea  and  the  adjoining  region 125-129 

Revenue  derived  from  the  Alaskan  seal  herd 130 

Diplomatic  (lorresponilenee 131-364 

Corresiiondenee  of  this  years  1822-1825  rehitive  to  the  ukase  of  1821  and 

to  tlie  treaties  of  1824  and  1825 132-152 

— —.Corresjiondeiiee  between  th«  United  States  and  Great  liritain  relative  to 

the  seizure  of  British  sealing  vessels  in  Bering  Sea  in  1886  and  1867..   153-168 
Correspondence  relative  to  ])roposed  international  mcasuns  for  the  pro- 
tection of  fnr-seals  (1887-1888) 168-194 

Jovrespondence  relative  to  and  growing  out  of  the  seizure  of  British  seal- 
ing vessels  in  Bering  Sea  in  1889  (August  24,  1889,  to  .January  22,  1890).   195-203 
orres])ondence  rehitive  to  proposed  iuternatituial  measures  for  the  pro- 
tection of  fur-seals— continued— (I'ebruary  10,  1890,  to  June  27,  1890).  204-223 
orrespondence  relative  to  the  Jurisdictional  rights  in   Bering  Sea  for- 
nusrly  possessed  by  Uussia  and  Iransft'rred  to  the  United  States  by  the 

treaty  of  1867  (Mr.  Blaine's  note  of  June  30,  1890) 221-235 

-Gorrespondenee  relative  to  Great  Britain's  willingness  to  enter  into  a  con- 

ventiini  for  the  protection  of  fur-s.-als  (June  30,  1890,  to  July  18,  1890).  23(5-241 
Correspondence  relative  to  the  jurisdictional  rights  in  Bering  Sea   for- 
merly possessed  by  Russia  and  transferred  to  the  United  States  by  the 

treaty  of  1867— continued— (August  2,  1890,  to  Ai)ril  14,  1891) 242-297 

Correspondence  relative  to  the  nwdiiK  vivcndi  of  1891  and  to  the  negoti- 
ations for  arbitration  (April  20,  1-91,  to  February  8,  1892) 298-350 

Correspoiulence  relative  to  the  modiin  rirciitii  of  1892  (February  9,  1892, 
to  March  26,  1892) 351-364 

(For  ali)habetical  list  of  notes  see  Index,  "Diplomatic  Correspondence.") 


ARTICLE  BY  DR.  J.  A.  ALLEN. 


Introduction  ; 


365 


I!      t 


PAKT  I. 


SynopHiB  of  the  I'lnnipvda,  or  Seah  and  Ifah-iim'Sf  in  relation  to  their  commercial  hintory 

and  product!). 


Common  seal,  eared  seal,  and  walrus 
Dependence  on  the  land 


367 
367 


IIa 


TAHLR    OF   ro\TE\TS. 

Differ  iiotiihly  from  enrli  ..thcr Page. 

Synopsis  (if  I'iimipcdia IMu 

WAi.iii  si:.s:                                        307 

Walruses 

AHantic  walrus ' StiK 

TliH  walrus  in  norflicrn  Kihoih).  . . . . .' 3<W 

Relentless  hunting  of 3(W 

Exteriiiiiiation  innninent •'<>>< 

Jan  Ma.ven  seals 'MH 

Diivis  Straits 3(;!» 

Pueilic  walrus ;{(;0 

Uses  of  walrus ;!(;!» 

Walrus  in  Iterin-  S.'a  and  on  'the  Alaskan  eoast '"'" 

Hunting  tli(!  walrus 'MiU 

Wasteful  killin.r  Ijyo 

Us<hI  by  natives  as  food  HTO 

^^^Ja.ni.u.a.non,  natives  eaus^niya^^^^  ^^ 

Conllu.d  t.)  sontliern  oeeaus  and  North  Pa.ifle 

Habits  of  eared-seals H7() 

Sea-li(Mis  and  fur-seals "' ;^71 

ludiseriniinate  hunting  of  fur-seals!" '^~K 

Sjiecies  of  eared-seals ;{7I 

SKCTI..M.    KaHKI>   HAIU-SKALS^Ou'sKA-lJi^XS- ^Tl 

1.  'Soiillieni  neu-lhni 

2.  Auckland  sea-lion 371 

3.  Slellcr'a  sca-tion ;{71 

4.  California  xea-Iion .'{7:' 

5.  (Irai/  xea-  lion 37i; 

SkctioMI.  FL'H-siur.s:      ;{72 

6.  Xorlhirn  fitr-mal 

i;roteetim,byRnssia;,",;dVheU;.i;;d'siaies '^'^- 

1.  talijornia  fur-seah ;J7l' 

Distinct  from  Alaskan  seals -^TS 

Voyage  of  Captain  Morrell  in  ix-'r. -^73 

S.  'fiion  Fernandez  fur-seal "   .'i73.  ;{71 

».  Southern  fnr-sea) "_ " 371 

Kxcessive  hunting '    374 

10.  Soldi,  African  fiir-neal [[ 371 

ProteetionbyGr<-at  Uritaiu!! 37;-) 

11.  h'ergnelen  fur-seal 37.-> 

12.  \ew  Zealand  fur-seal 37;-) 

Protection  by  Great  Britain.... 37;") 

OK   SotTHEKX   I'LTR-SKALS  •  37;-) 

Aoeounts  of  habits  by  Delano,  Fanning,  and  Morrell 

Djstinetionof sex ^'  "'"'"*>"•" .^-,. 

Migration  of  seals 377 

Projiagation  of  seals 377 

Not  afraid  of  man  at  first 377,  37<» 

Sentinels •{77 

Quick  nmtions 37)S 

^og  seals ".^ly^. [.[[[.[ 37X 

Arrival  of  m.ature  seals 37S 

Relative  size  of  males  ami  females •*"« 

378 


I- 
II! 


ill 

I!, 


W      1: 


" 


i  > 


YI  TABI-K    or    CONTKNTH. 

Maiuts  of  Soi-nir.UN  i.-t'H-sr..\i.s— Cinititnii'il.  ^^^^^ 

LuImUiiK  of  «t:i'l« ;^7j( 

Limnt'vity .^^^ 

Affoiint  of  hiil.its  by  (iroiK.-  ( '"iii.T '^^J^ 

Habits  of  iiiiim y^^ 

Youii}^  iiiiilcs 

8KAI.8  l'lU)l-Kli  oii  iiAiit-sr.Ai.s:  ^^^ 

Iiiliiibit  all  parts  of  the  world \^^^ 

Habits .^^^ 

Sulifaiiiilit's .^^^ 

1.  Iliirhor  seah \^^^ 

2.  lUnijed  nml ..j,., 

3.  llurp  ncal '.^^^ 

Habits  of " 

liritdiiif,'  },'roiiiHlH 1^^"^ 

Growth  and  habits  of  puits ■■■■■ '    ^ 

SealiiiR  in  Gulf  of  St.  hawr.iicc  and  coast  of  Newfoundland .^H- 

Dcclinc  of  lit-rd \^^,^ 

Jan  Maycn  sea  lisht-ry ;^^;^ 

Closo  time  adopted '    ' 

Present  closf  time  insutlicit'ut ' 

Strict  n'nulatious  necessary 

wi^'t't^-; ::-;:::::    ',m 

Nova  Zcnibla 

4.  Ciispian  seal ^^, 

I'erniits  to  hunt,  sold  by  Russia ' 

5.  Lake.  Baikal  mil '^^^ 

6.  llihboti  Kcal .^^^ 

7.  linvdvil  seal Jj^. 

8.  Ctran  mal !^^". 

9.  ^fo»k  Kval *j^'. 

10.  Went  Indian  seal '    ' 

liahania  and  Alacrau  Islands 

, .  ,,  .l8t) 

Destruction  ot . 

11.  Leopard  seal *g^. 

12.  L'mh-eatinn  seal .j^^. 

13.  WeddelVs  seal jj^^. 

14.  lloss's  seal ^^- 

15.  Hooded'seal ' 

16.  California  sea-elephant 

Report  of  Capt.  Scammou  on 

17.  Southern  sea  elephant " 

Habits  described  by  Morrell 

South  Shetland  Islamls ' 

Islands  in  South  Pacilic  and  Indian  Ocean •«• 

History  of  sea-elephant  huntinfj; '^^ 

Increasing  scarcity  of  sea-elepbauts 

Gknkrai-  si'mmahy:                                             ,  oqa 

rnrestricted  killing  always  leads  to  extermination ^^ 

Extermination  of  southern  fur-seals ^^^ 

Sea-elephants  almost  extinct ' 

Decline  of  hair,  harp,  and  hoodcMl-seals _^^^ 

International  provisiou  for  a  close  season 


■  ''a 


TAULK    OF    ('ONTHNTS. 


VII 


PART  n. 

Fl'K-SKAI.  IH'NTINC.  IN  TMi;  S(  X' III  KUN   1 1  KM  ISI'H  l.l'K.  Pli«i'. 

History  of 'M\ 

Inst. lines  of  (lovfrniiit'iit  protection Hit  I 

Fiilidan.l  IsIuimIh :«ll 

Miis-ii-fiit'ia ;<fll 

Jiimi  ri'iiiMiiilc/, It!!.") 

GiiliipiiK<»«   Isliinils 8!M5 

St.  Fi'lix,  St.  Ainlnosc,  St.  Mjirvs  Islands,  etc •.MM 

Tii'ira  fl«'I  Fn;'K<»  i"i<l  t'le  I'atajionian  Coasts ;{<)(> 

Loltos   Island ;{!•(» 

South  Slietland  Islands 8!W 

Sontli  (icoiKia   Island 3!M) 

Sandwich  Land :{!l!» 

Tristan  daCnnha  Islamls  and  (i(Mij;li  Island KX) 

i'riiicc- Kdward  i    d  C'ro/ct  I.slaiids 100 

Kt'iKiielcn   Laiul 401 

Hordi'iM  Island,  Antipodes  Islands.  lionnty  Islanils,  Auckland  Islands,  etc.  101 

St.  Paul  and  Anisterdain  Islamis 102 

West  Coast  of  South  Africa  and  adjacent  islands |o;{ 

Cape  of  (lood  llojio 101 

Goveniiueut  re{>;ulation8 401 

PART  III. 

Thk  Alaskan  ki'r-skai,  a\i>  iM:i,A(iu:  skai.ino: 

Priliilof  Islands  10,5 

Mijfratlon  of  seals 10.") 

ConiinandtT  Islands |0)i 

Islands  of  Southern  Califoriiiii 4()ti 

Guadalupe  Island 406 

Haliits  of  Alaskan  fur-seals 40() 

Mode  of  propagatidu 407 

Size  of  Prihilof  herd 407 

Decline  due  to  pehigie  sealinjj 407 

Wastcjful  charact«'r  of  pelagic  scaling 408 

Proportion  of  wounded  seals  lost 408 

Pelagic  catch  90  per  cent  females 409 

Dead  jmps 409 

Reasons  why  females  arc  killed 409 

Decrease  duo  to  jielagic  sealing 410 

Kesults  of  pelagic  sealing 410 

STATEMENTS  AND  LETTERS  OF  NATURALISTS. 

Statement  by  Prof.  T.  H.  Huxley 411 

Dejiosition  by  Dr.  Philip  Lutley  Sclater 413 

Circular  letter  of  I  )r.  C.  Hart  Merriam 414 

Reply  of  Dr.  Alithousc  Milne  Edwards 418 

Rei)ly  of  1  )r.  Alfred  Xehring 420 

Reply  of  Prof.  Robert  CoUett 421 

Reply  of  Dr.  Gustav  Hartlanb 421 

Reply  of  Prof.  Count  'roniniaso  Sal vadori  422 

Reply  of  1  )r.  Leopold  von  Schreuck 423 

Reply  of  Dr.  Henry  H.  Giglioli 423 


VIII 


TAHM:    ok    roNTKNTS 


■I    m: 


I'lllllv 

Kc]tl,v  of  Dr.  I,'in>liinl  ItliMirli;inl Il.':> 

|{o|il.v  of  I'rol'.   Dr.   Willit^liii  l.ill.irliiii;;  ami    I'rol'.   liiiiDii    .\iliiir  I!.   Nmili'ii- 

Hk.jold IL'S 

Ii'ipl.v  of  Dr.  A.  Til.  voii  Miil.lcmlorf Il.'!t 

KV|.|.v  <»r  Dr.  Kiiiil  ilolnli VM 

Kijilj  of  Dr.  Ciirl.m  lUij,' \Xi 

FOREIGN  STATUTES. 

Falkland  Islands  inr> 

Niw  Zi'.ALAM) i:«i 

(Canada Ill 

Nl',\VK(H'NI>LANI) I  12 

Ul'MSIA Il'l 

UlU'Ol'AY IIH 

JaI'AN I  lit 

Ukkat  Hkitain  AM)  Canada 150 

A  1>ri«-t'siiiiiiiiar,v  of  tlic  Ihwh  of  t\w  ruitrd  Kinuilom  of  (irctil  Itritiiiii 
mill  Iri'liiiiil  iiiul  ol'tlic  Doiniiiidn  of  (';' inula,  n-latiii^  totlic  iirotfclioii 

iil'^anif,  birds,  and  (isht's 152 

GuKAT  IJhitain: 

Slatiitt'H  rt'latinj;  to  oystor  lislicrics  of  Ireland I.'t? 

Statnt«'8  rt'latiiifj  to  t* 'otrli  licniiif;  lislnrics l.'iK 

Ckylon n;i 

Hc^iulations  and  crdinancfs  of  Co;lon I(>1 

For  the  ]»roto('tion  of  Her  Majesty's  rifjlits  in  the  diKn;'''K'*t<l'''"l  <'''■'"'<«  •'»• 

For  tliC  Ttrott'ction  of  Her  Majt'sly's  .'liank  lislitM'ies 11(2 

An  or,lina?u't'  to  deolarc  illegal  the  posst'ssiou  of  t'crtiiin  nets  and  instrn- 

ments  within  certain  limits 1(54 

An  ordinanc'  relating  to  ebnuks I()5 

ArsTHALLV I(i7 

FllANCK I()!» 

Italy 470 

^■«»u^VA  Y I«2 

colom  hia is4 

Mkxico..  486 

HOVERING  ACTS. 

Grkat  RiiiiAiN 403 

iinitkd  s  tatks .|!)4 

St.  Hkli-.na  Act 41)5 

Ql'auantixk  Act  of  1825 41)6 


H  I 


!l 


OFFICIAL  REPORTS. 

Report  to  Seort'tary  of  Treasury,  by  C.  L.   Hooper,  captain.  United  States 

Revenue  Marine 498 

Report  of  Jolmstoue  H.  Quinan,  seeond  lieutenant,  United  States  Revenue 

Marine 504 

Report  of  Levi  W.  Myers,  United  States  consul  at  Victoria,  British  Columbia  .507 

Treasihy  List  ok  Raid.s 519 

Clai.m  ok  tiik  Noktu  Amkimcan  Commkiu'Ial  Co-mpany 520 

conthact  kok  i'klagic  catch 523 


TAIUJ-:    OK    CON'JKNTS, 

hoc,    IIOOKS    (IK   SKAI.INO    VKSNI  f.H: 

SrllooinT  /•JlltH 

SclHKint'i-  .liniii 

Scliooiicr  .ll/tril  AiiiniiH 

ScliooiHT  Alia 

TlIK  .  .;U-SKAI,  OK  (i.AI.AM  PK    Isi.AM,   UVVUmm  CAMKOIIMA 

I-i:th:ii  i  uhm  C.  M.  I.ami-sc.n  a  ('<» 

'Iiir:  Hkiiimj  Ska  disi-uti',:    A  skth.kmknt....  !... 

WkATIIKU   liUKKAU  TAUI.K8 


IX 

52.-) 

r>.'»i 
5i:i 

574 
5X«J 

5S7 

r>HH 


i 


!!! 


ill  ' 
l!>l  ! 


I!;  M 


; 


I  .' 


Ill 


.!! 


:,-! 


i 


TREATY  OF  ARBITRATFON  OF  1892. 


1S9..\     ProchiimeiJ  May  9,  189.!.-]         -'^"'  "'  "■^-      '>"l'Jic<it,o„H  rjrrlun,,,>'d  Mai,  7, 

desirous  to  provKle  tor  an  ami(;able  settli'inent  Of  the      '*'"•'""'''• 
J.ehnny's  Sea,  and  concerning  also  tlie  DresftiviHMi,  ;.f  h.    f  ^^'"^^\8.oi 

ThePresideut  Of  the  United  States  of  America,  James 
ix.J.hune,  Secretary  ot  State  of  tlie  United  States;  and    i^'-'ip-to""""-- 

Article  I. 
t  mU  iV  t ,  s  I    T?'  "■"',?l';'"  '»  ■'1'1> toll  in  tlK,  fl,  lowing  >m  ,i  ncr 

1 


2  TREATY    OF    ARI$lTl{ATION    OF    1892. 

tlie  Prosi<U'iit  of  tlie  Fiviu'li  licpublic  shiill  !»' Jointly  i'('(|nostc<l  by  the 
Ilij-li  (Jcmtractinj;  I'iutics  to  name  one;  Mis  Majt'sty  the  Kiiij«  of  Italy 
shall  hesoiociiu'sti'd  to  iiaiiuMMie;  and  His  Ma.ji'sty  the  Kin;;'  of  Sweden 
and  Norway  shall  be  so  reiiucsted  to  name  <uie.  The  seven  Arbitrators 
to  be  so  named  shall  be  Jurists  of  distin;;iiished  reputation  in  their  I'e- 
spective  eountries;  and  the  seleetin;;-  Powers  shall  be  re((uested  to 
(ilioose,  if  possible,  jurists  who  are  ac(piainted  with  the  Euylish  lau- 

In  case  of  the  death,  absence  or  incapacity  to  serve  of  any  or  either 
of  the  said  Arbitrators,  or  in  the  event  of  any  or  either  of  the  said 
Arbitrators  omittin;«'  or  declining;'  or  ceasiny  to  act  as  such,  the  Presi- 
dent of  the  United  States,  or  Ift^r  Uritamiic  Majesty,  or  His  Excellency 
the  l'resid(Mit  of  the  French  Republic,  or  His  Majesty  theKin^of  Italy, 
or  His  Majesty  the  King  of  SwciU'n  and  Norway,  as  the  case  may  bt-, 
shall  name,  or  shall  be  requested  to  name  forthwith  another  person  to 
act  as  Arbitrator  in  the  i)lai'e  and  stead  of  the  Arbitrator  oriy;inally 
named  by  such  head  of  a  State. 

And  in  the  event  of  a  refusal  or  omission  for  two  months  after  receii)t 
of  tlie  Joint  request  from  the  High  (.'ontracting  Parties  of  His  Excel- 
lency the  Presulent  of  the  French  llepublic,  or  His  Majesty  the  Jving' 
of  Italy,  or  His  Majesty  the  King  of  Sweden  and  Norway,  t()  name  an 
Arbitrator,  either  to  till  the  original  ap[»ointment  or  to  till  a  vacan(;y  as 
above  provided,  then  in  such  case  the  appointment  shall  be  made  or 
the  vacancy  shall  be  tilled  in  smsh  manner  as  the  High  Contracting 
Parties  shall  agree. 

Article  II. 


i'l 


IM 


The  Arbitrators  shall  meet  at  Paris  within  twenty  days  after  the  de- 
livery of  the  counter  cases  mentioned  in  Article  I V^,  and 
iiioetinK.'""^  *"""  "'  ''*'"^"  procecd  impartially  aiul  carefully  to  examine  and 
decide  the  questions  that  have  been  or  shall  be  laid  be- 
fore them  as  herein  provided  on  the  part  of  tlu;  Governments  of  the 
United  States  and  Her  Uritannic  Majesty  respectively.    All  questions 
(ionsidered  by  the  ti'ibunal,  including  the  final  decision,  shall  bedeter- 
nnned  by  a  majority  of  all  the  Arbitrators. 
Each  of  the  High  Contracting  Parties  shall  also  name  one  person  to 
attend  the  tribunal  as  its  Agent  to  represent  it  gener- 
Agents.  g^jjy.  jjj  ^^ji  m^(^^f(,i.j^  connected  with  +he  arbitratio:.i. 

Article  III. 

The  printed  case  of  each  of  the  two  parties,  accompanied  by  the  doc- 
uments, the  olttcial  correspondence,  and  other  evidence 
""''  on  which  each  relies,  shall  be  delivered  iu  dui»licate  to 
(?ach  of  the  Arbitrat<u's  and  to  the  Agent  of  the  other 
party  as  soon  as  may  be  after  the  appointment  of  the  members  of  the 
tribunal,  but  within  a  period  not  exceeding  tour  months  from  the  date 
of  the  exchange  of  the  ratitieations  of  this  treaty. 

ArticlB  IV. 

Within  three  months  after  the  delivery  on  both  sides  of  the  printed 

case  either  party  may,  in  like  manner  deliver  in  dui)li- 

couutercaae.  ^^  ^  ^.^^j^  ^,.  ^j^^  ^.^j^^  Arbitrators,  and  to  the  Agent 

of  tUe  other  party,  a  counter  case,  and  additional  documents,  eorre- 


I'l'iiitfMl    disc 

(loUlllllL'lltii. 


TREATY    OF    ARBITRATION   OF    1892. 


8 


spondotice,  aiHl  «ni<l«'n<'o,  in  iei>ly  to  the  caso,  dociuiH'iits,  oorrospond- 
cnce,  ami  twiiU'iun!  so  presented  by  the  other  party. 

If,  however,  in  consequence  of  tlie  distance  of  the  pla(!e  from  whicli 
the  eviflence  to  be  inesented  is  to  be  procured,  either 
party  shall,  within  tlnrty  days  after  the  receipt  by  its  Extons.oiu.t  t.me. 
ag.  iltof  the  case  of  the  other  party,  ^ive  noticeto  the  other  party  that 
it  requires  additional  time  for  the  delivery  of  such  counter  case,  docu- 
ments, (jorrespondt'uce,  and  evidence,  such  additional  time  so  iiidi<'ated, 
but  not  exceeding  sixty  days  beyond  the  three  months  in  this  Article 
provided,  shall  be  allowed. 

If  in  the  <!ase  submitted  to  the  Arbitrators  either  party  shall  have 
apt  citied  or  alluded  to  any  report  or  document  in  its 
own  exclusive  possession  witlumt  annexinji"  a  copy, such  „„'j',Iuf """""  °*  ''""" 
party  shall  be  bound,  if  th<^  other  party  thinks  proper 
to  apitly  for  it,  to  furnish  that  party  with  a  copy  thereof;  and  either 
party  may  call  upon  the  other,  thi'<mj>h  the  ArbiUators,  to  produce  the 
orij>inals  or  certified  copies  of  any  i»apers  adduced  as  evideiu;e,  Jiivins 
in  each  instance  notice  thereof  within  thirty  days  after  delivery  of  the 
case;  and  the  orij>inal  or  copy  so  recjuested  shall  be  delivered  as  soon 
as  may  be  and  within  a  period  not  exiieeding  forty  days  after  receipt 
of  notice. 

Article  V. 

It  shall  be  the  duty  of  the  Agent  of  each  party,  within  one  month 
after  the  expiration  of  the  time  limited  for  the  delivery  of  the  counter 
case  on  both  sides,  to  deliver  in  duplicate  to  each  of 
the  said  Ai-bitrators  and  to  the  agent  of  the  other  party  '^'■^"'"""♦• 
a  i>rinted  argument  showing  the  jtoints  and  referring  to  the  evidence 
ni)on  which  his  (lovernment  relies,  and  either  |>arty  may  also  sni»i>ort 
the  same  before  the  Arbitrators  by  oral  aigument  of  counsel;  and  the 
Arbitrators  may,  if  tliey  desire  further  elucidation  with  regard  to  any 
point,  re(|uire  a  written  or  printed  statement  or  argument,  or  oral  argu- 
ment by  counsi'l,  upon  it;  bat  in  such  case  the  other  party  shall  be 
entitled  to  reply  eitlier  orally  or  in  writing,  as  the  case  may  be. 

Article  VI. 


doc- 

lence 

lite  to 

lother 

►f  the 

date 


rinted 
IdupU- 
JAgont 
[corre- 


In  deciding  the  matters  submitted  to  the  Arbitrators,  it  is  agreed 
that  the  following  five  ])oints  shall  be  submitted  to 
them,  in  (u-der  that  their  award  shall  embrace  a  dis-   <i""^t'""«  ■"""'""^•'•• 
tinct  decision  up(m  each  of  said  five  points,  to  wit: 

1.  What  exclusive  Jurisdiction  in  the  sea  now  known  as  theBehring's 
Sea,  and  what  exclusive  rights  in  the  seal  fisheries  therein,  did  Russia 
assert  and  exercise  prior  and  ui»  to  the  tinu'  of  the  cession  of  Alaska 
to  the  United  States ^^ 

2.  How  far  were  these  claims  of  Jurisdiction  as  to  the  seal  fisheries 
recognized  and  conceded  by  Great  liritain? 

3.  Was  the  body  of  water  now  known  as  the  Uehring's  Sea  included 
in  the  ])hrase"ra(dfic  Ocean,"  as  used  in  the  Treaty  of  1.S25  between 
Great  Britain  and  Kussia;  and  what  rights,  if  any,  in  the  IJehring's 
Sea  were  held  and  exclusively  exercise<l  by  llussia  after  said  Treaty  f 

4.  Did  not  ail  the  rights  of  Kussia  as  to  Jurisdicti<ui,  and  as  to  the 
seal  fisheries  in  Behring's  Sea  east  of  the  water  b<mndary,  in  the 
Treaty  between  the  United  States  and  Russia  of  the  .'{()th  March, 
18(57,  ps'.ss  uiumpaired  to  the  United  States  un<ler  that  Treaty? 

6.  JIas  the  United  States  any  right,  and  if  so,  what  right  of  protcc- 


4 


TREATY    OF    ARliirilATION    OF    1892. 


li' 


itiii 


Iiiiili 


tion  or  property  in  the  fur  seals  freiiueiitiiif''  tlie  isliiiids  of  the  TTiiited 
States  in  JJehrinj;'  Sea  wlien  such  seals  are  fouiul  outside  the  ordinary 
three-mile  limit U 

Article  VIT. 

If  the  determination  of  the  foregoing  questions  as  to  the  exelnsive 
jurisdiction  of  the  United  States  shall  leave  the  subiect 
toHi.m of  m?^.f '''"'■  "^  s"ch  position  that  the  eoncurrenee  of  (Iveat  Jlritaiii 
is  necessary  to  the  establishment  of  Jlejiulations  for 
the  proper  protection  and  preservation  of  the  fur-seal  in,  or  habitually 
resorting  to,  the  Behring  Sea,  the  Arbitrators  shall  then  determine 
what  concurrent  Regulati(uis  outside  the  Jurisdictional  limits  of  the 
respective  Governments  are  necessary,  and  over  what  waters  such 
Hegulations  should  extend,  and  to  aid  tlieni  in  that  determination  the 
report  of  a  Joint  Commission  to  be  appointed  by  the  respective  Gov- 
ernments shall  bo  laid  before  them,  with  such  other  evidence  as  either 
Government  may  submit. 

The  High  Contracting  Parties  furthermore  agree  to  coo[)erate  in  se- 
enriug  the  adhesion  of  other  Powers  to  such  Ilegulsitions. 

Article  VIII. 

The  High  Contracting  Parties  having  found  themselves  unable  to 
agree  upon  a  reference  which  shall  include  the  (juestion  of  the  liability 
of  each  for  the  injuries  {illeged  to  have  been  sustaiiu'd  l>y  the  other,  or 
by  its  citizens,  in  connection  with  the  claims  i)resented  and  urged  by 
it;  and  being  solicitous  that  this  subordinate  (piesticm  should  not  in- 
terrupt or  longer  deh»y  the  submission  an<l  determina- 
liy^u^'^nhmMi'tx!^'^*  <ion  of  tlic  nuiiu  questious,  do  agree  that  either  may 
submit  to  the  Arbitrators  any  question  of  fact  in- 
volved in  said  claims  and  ask  for  a  flntling  thereon,  the  (piestion  of  the 
liability  of  either  Government  upon  the  facts  found  to  be  the  subject 
of  further  negotiation. 

Article  IX. 


may 


The  High  Contracting  Parties  have  agreed  to  ajtpoint  two  Con./nis- 
siouers  on  the  i)art  of  each  (loveinment  to  make  tho 
mv"i"tisaT/TaMu^^^^^^  joiut  investigation  and  rejtort  contemjdated  in  the  i>re- 
ceding  Artlch'  VII,  and  to  Include  the  terms  of  the 
said  Agreement  in  the  present  Convention,  to  tlie  end  that  the  Joint  and 
several  reports  and  recommendations  of  said  Commissioners  may  be  in 
due  form  submitted  to  the  Arbitrators  should  the  contingency  therefor 
arise,  the  said  Agreement  Is  acccn-dlngly  herein  Inchnled  as  follows: 

Each  Government  shall  ajipolnt  two  Conunlsslouers  to  investigate 
conjointly  with  the  Commissioners  of  th«>  other  Governments  all  the 
facts  having  relation  to  seal  life  in  JJehring's  Sea,  and  the  measures  nec- 
essary for  its  i)roper  in'otectioii  and  ])reservatlon. 

The  four  (commissioners  shall,  so  far  as  they  nuiy  be  able  to  agree, 
make  a  joint  report  to  each  of  the  two  (iovernments,  and  they  shall 
also  report,  either  jointly  or  severally,  to  each  Government  on  any 
points  upon  which  they  may  be  unable  to  agree. 

These  reports  shall  not  be  nuub^  public,  until  they  shall  be  submittetl 
to  the  '  Mtrators,  or  it  shall  appear  that  the  contingency  of  their 
being  uoca  by  tho  Arbitrators  can  not  arise. 


■npMpii 


^gs^^^s^sr^ 


TREATY    OF    ARBITRATION   OF    1892. 

Article  X. 


5 


Eacli  Govornniont  shall  pay  the  expenses  of  its  mem.     i. 
bars  ot- the  Joint  Commission  in  thS  investigation  S-  Cc^Sru."'' ^"'"^ 
terred  to  in  the  preceding  Article. 

Article  XI. 

The  decision  of  the  tribunal  shall,  if  possible,  be 
made  within  three  months  from  the  close  of  the  arcu    ""•''«''»"• 
ment  on  both  sides. 

It  sliall  be  made  in  writing  and  dated,  and  shall  be  signed  bv  the 
Arbitrators  who  may  assent  to  it.  u*   «!{,». n  uj  rne 

The  decision  shall  be  in  duplicate,  one  copy  whereof  shall  be  deliv- 
.'.ed  to  the  Agent  of  the  United  States  for  his  Gove.nn  e  ' u  d  [e 
;^K^e^^sl,all  be  delivered  to  the  Agent  of  Gre."  Sl'lllhls 

Article  XII. 

vn^^''^'  Government  shall  pay  its  own  Agent  and  provide  for  the  proper 
remuneration  of  the  courasel  employed  by  it  and  of  the      ''''^ '""^  P'^''!'^^ 
AiDitrators appointed  by  it,  and  for  the exi)ense  of  pie-     """'■■  ""i" »«<'>' 
].aring  and  submitting  its  case  to  the  tribunal.    All  other  expenses 

Article  XIII. 

The  Arbitrators  shall  keei)  an  accMirate  record  of 
their  proceedings,  and  may  appoint  and  employ  the 
necessary  officers  to  assist  them.  ^ 

Article  XIV. 

K' H  n  'a'^V^.  ^T^  settlement  of  all  the  questions  referred     ^'^""'  ""»'• 
to  tne  Arbitrators. 

Article  XV. 
consent  ot  the  Senate  thereof,  and  bv  IJer  Mritumi..     ««ti«<:nti<n'. 


IJocoi'il  of  proceed- 
ings. 


James  G.  Blaine 
Julian  Paunoefote 


SEAL 
SEAL 


■! 


r'i 


MODUS  VIVENDI  OF  1892. 


I  '!'! 


I)  ill 


m 

i  f  'ifii 


m 


Convention  heUceen  tlie  United  Statefi  of  Ameriea  and  Great  Britain 
for  the  renewal  of  the  ex'Lstimj  "  itiodiin  ricvndi''^  in  Behrintj  ISea. 


i: 

i^'ii 

t      ,         Ml- 


Whereas  by  a  Convention  concluded  between  the  United  States  of 
i>  tiibie  America  and  Her  Majesty  the  (,Jueen  of  the  United 
Kingdom  of  (irent  IJritain  an<l  Irehmd,  on  thetwenty- 
niutli  day  of  February,  one  th(msaiid  ei;jht  hundred  an<l  ninety-two, 
the  High  Contracting  Tarties  have  agreed  to  submit  to  Arbitration,  as 
therein  stated,  the  questions  which  have  arisen  between  them  concern- 
ing the  Jurisdictional  rights  of  the  United  States  in  the  waters  of  J>eh- 
ring's  Sea  and  concerning  also  the  prostTvation  of  the  fur-seal  in,  or 
habitually  resorting  to,  the  said  sea,  and  the  rights  of  the  citizens  and 
subjects  of  either  country  as  regards  the  taking  of  the  fur-seal  in,  or 
habitually  resorting  to,  the  sai«l  waters;  and  whereas  the  High  Con- 
tracting Parties,  having  ditfered  as  to  what  restrictive  liCgnlations  for 
seal-hunting  are  necessary,  during  the  pendency  of  such  Arbitration, 
have  agreed  to  adjust  such  diflerence  in  manner  hereinafter  mentioned, 
and  without  prejudice  to  the  rights  of  either  party: 

The  said  High  Contracting  I'arties  have  apjminted  as  their  Pleni- 

„,  .  .  ,.  .  potentiaries  to  con<lude  a  Convention  tor  this  purpose, 
that  IS  to  say: 

The  President  of  the  United  States  of  America,  James  G.  Blaine, 
Secretary  of  State  of  the  Tnited  States; 

And  Her  Majesty  the  (^ueen  of  the  United  Kingdom  of  Great  Britain 
and  Ireland,  Sir  Juli<an  Pauncifote,  Knight  Grand  Cross  of  the  Most 
Distinguished  Onler  of  Saint  Michael  and  Saint  (leoige.  Knight  Com- 
mander of  the  Most  Honorable  Order  of  the  liath,  ami  Envoy  Extra- 
ordinary and  Minister  Pleniitotentiary  of  Her  I'litiinnic Majesty  to  the 
United  States; 

Who,  after  havijig  conununicated  to  each  other  their  respective  full 
powers,  found  in  due  and  good  form,  have  agreed  upon  and  concluded 
the  following  articles: 


!';! 


Article  I. 


(<: 


Her  Majesty's  Government  will  prohibit,  during  the  pendency  of  the 
onnt  nritiiiii  will   Arbitration,  seal  killing  in  that  part  of  Behring  Sea 
inniiii.it  siai'  kiiiiiij;  Iviug  eastward  of  the  line  of  demarcation  <lescnbed 
■"  *"•"  in  Arti(^h^  No.  I  of  the  Treaty  of  l.S(»7  between  the 

United  States  and  Russia,  and  will  pr<nni)tly  use  its  best  elfoi'ts  to 
ensure  the  observance  of  this  prohibition  by  British  subjects  and  ves- 
sels. 
« 


1 


MUDL'S    VIVENDI    OF    1802. 


Akticle  II. 


The  lTnite<l  States  Goveniineiit  will  i)robibit  seal-killing  for  the  same 
period  in  the  same  part  of  IJehriiig's  Sea,  and  on  the  ,„i,,,,i  ist„i,s  «iii 
shores  and  islands  thereof,  the  i)roi)erty  of  the  United  pi<'iiii>it  Biai  uiiiinK 
States  (ill  excess  of  seven  thonsand  live  hundred  to  be 
taken  on  the  islands  for  the  subsistence  of  the  natives),  and  will 
l)roniptl.v  use  its  best  etlbrts  to  ensure  the  observauce  of  this  prohibi- 
tion by  United  States  citizens  and  vessels. 

Akticle  III. 


Every  vessel  or  person  ofTendiii};-  against  this  prohibition  in  the  said 
waters  of  Behrinj;  Sea  outside  of  the  ordinary  territorial  limits  of  the 
Tnited  States,  may  be  seized  and  detained  by  the  ^  .  .,  , 
naval  or  other  duly  ennimissioned  otlieers  of  either  of 
the  Hifjfh  Coutractiiiji  Parties,  but  they  shall  be  handed  over  as  soon  as 
practuable  to  the  authorities  of  the  Nation  to  which  they  respectively 
ix'lou}*',  who  alone  shall  have  Jurisdiction  to  try  the  offeinte  and  impose 
the  penalties  for  the  same.  The  witnesses  and  proof  necessary  to  estab- 
lish theott'ence  shall  also  be  sent  with  them. 


Article  IV. 

In  order  to  facilitate  such  proper  inquiries  as  Tier  Majesty's  Govein- 
ment  may  desire  to  make  with  a  view  to  the  ineseiitation  <»f  the  case 
and  arjiliments  of  that  Government  before  the  Arbitrators,  it  is  agreed 
that  suitable  perscms  <lesigiiated  by  Great  Ihitaiu  will 
be  i)erinitted  at  any  time,  ui)on  aijplicatioi-  to  visit  or  vi'lt  Soui  iSaa!"'''^ 
remain  upon  the  Seal  Islands  during  the  sealing  sea- 
son for  that  i)urpose. 

Article  V. 


0 


If  the  result  of  the  Arbitration  be  to  affirm  the  right  of  British 
sealers  to  take  seals  in  IJehring  Sea  within  the  bounds 
claimed  by  the  United  States,  under  its  purchase  ,J,^;"'""""  "'  ''""'• 
from  Russia,  then  com])ensation  shall  be  made  by  '" 
the  United  States  to  Great  Britain  (for  the  use  of  her  subjects)  for 
abstaining  from  the  exercise  of  that  right  during  the  ]»end(!ncy  of 
the  Arbitration  u])on  the  basis  of  such  a  regulated  and  limited  catch 
or  catches  as  in  the  opinion  of  the  Arbitrators  might  have  been 
taken  witlumt  an  undue  diminution  of  the  seal-herds;  and,  on  the  other 
hand,  if  the  result  of  the  Arbitration  shall  be  to  deny  the  right  of 
British  sealers  to  take  seals  within  the  said  waters,  then  compensation 
shall  be  made  by  Great  Britain  to  the  United  States  (for  itself,  its 
citizens  and  lessees)  for  this  agreement  to  limit  the  island  catch  to 
seven  thousand  live  hundred  a  season,  upon  the  basis  of  the  ditterence 
between  this  number  and  such  larger  catch  as  in  the  opinion  of  the 
Arbitrators  might  have  been  taken  without  an  undue  diminution  of  the 
seal-herds. 

The  amount  awarded,  if  any,  in  either  case  shall  be  such  as  under 
all  the  circumstances  is  just  and  equitable,  and  shall  be  promptly 
paid. 


!1 


llil. 


3 
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I 


il 


8 


MODUS    VIVKNIH    OF    18U2. 

Article  VI. 

This  Convention  may  be  denounced  by  eitl.er  of  the  Hish  Contract- 
This  <^«n^^"*^^;jj'[^y  ti,,  ,^t  any  time  after  tlie  thirty  ttiHt  day  o  Oc- 
Denm.ci>.tiou.  .^      ^^^^^,  thousand  eij-ht  hundred  and  nniety-tliret, 

irivinii-  to  tlu'  other  I'arty  two  ui<niths  m.tice  of  its  termination; 

f  ilTue  exniratliu  of  such  notice  the  Convention  shall  cease  to  be  in 


on 

and 

force. 


Article  VII. 


The  present  Convention  shall  be  duly  ratified  by  the  Tresident  of  tl  e 
iht  preseni  ^^^.^^^^  ^  ^^^  ^,^,1  ^^^jt,,  the  advice  and  ^onse  t  of 

itatification.  ^,j^,  g^^.^j^  theicof,  aiul  by  Her  Britannic   Majesty, 

and  the  ratifications  shall  be  exchanged  either  at  W  ashmgton  or  at 

nftSii^^l^:^^'^^  respective  Plenipotentiaries  have  signed 
this  Convention  and  have  hereunto  affixed  our Jseals. 

Done  in  duplicate  at  Washington,  this  eighteenth  day  ot  Apul,  one 
thousand  eight  hundred  and  "i'^ety-t  wo^^^  ^ ,   ^^^^^^^ 

Julian  Tauncefote.    [seal] 


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p;! 


ADDITIONAL  FACTS   RELATING  TO   THE  RUSSL\N 
AMElilCAN  COMPANY. 


TIh'  Russian  AiiiorlcauCoiiipaiiy  whs  tlu'  onfj-rowMiof  tlio  luuncnms 
tradinj;  assnciatioiis  which,  soon  aft»'r  tlu' (liscovcry  of  licrin^' Islaiul 
in  I741,lM'<ian  to  (lcv«'h)i>  the  fur  trade  of  the  Aleutian  Islands  and 
IJcrinj''  Sea.' 

It  was  larji'ely  tIironj;li  tlie  eti'orts  of  (liiu'or  Ivanoviteli  Shelilvof  that 
tliese  associations  with  their  cont1ictin<iint»'rests  were  evt-ntnally  united; 
lie  did  not,  liowever,  live  to  see  the  result  of  his  work.  He  appears  first 
on  the  scene  as  a  trader  on  tlu*  Kurile  and  Aleutian  Ishuuls.  liater 
he  formed  a  i>artnershii»  with  on«'  (Jolikof,  and  for  sevei-al  years  this 
firm  fij;ured  prominently  in  the  i>rosecution  of  the  fur  trade  of  thos(^ 
rej-ionsand  on  theeoastof  the  Anu'rican  continent.  In  1784 he  reached 
the  island  of  Kadiak,  which  he  ]>roceeded  to  explon'  with  refeicnce  to 
its  huntinj>-  grounds.  Notwithstandinji  numerous  conflicts  with  the 
natives,  pre])arations  were  rajtidly  made  for  oc<ui)yinji'  the  island, 
houses  and  fortifications  beinji'  erected.  Later,  cruises  were  under- 
taken to  Prince  William  Sound  (('hu«>atsh  Hay),  Cook's  Inlet  (Kenai 
IJay),  and  Yakutat  l>ay.^ 

Of  one  of  these  cruises  Coxe  says:  "The  voyaj;e  of  Ismaelof  and 
ISetsharof  from  Kadiak  to  the  <'oast  of  America,  an  account  of  which 
was  dip'sted  by  Shelikof,  is  by  far  themostinterestinji  yet  made  by  the 
Kussians.  They  reaehe«l  that  continent  near  Prince  William  Sound, 
coasted  it  beyond  latitude  50°,  ami  {^ive  a  jtartieular  descri]»tion  of  the 
aspect  of  the  country,  the  inhabitants,  and  productions.  By  comparinj;- 
their  accounts  with  the  narratives  of  Cook,  Portlock,  ^Feares,  and  Van- 
couver, we  have  been  able  to  ascertain  most  of  the  harbours  and  places 
at  which  they  touched,  and  the  j>eneral  agreement  with  the  accounts 
given  by  the  English  navigators  proves  the  accuracy  of  their  descrip- 
tion."' 

At  Yakutat  a  friendly  traffic  was  carried  on  with  the  natives  and 
they  were  received  under  the  protection  of  the  Kussian  Empire,  to 
which  they  acknowledged  their  allegiance.  The  exjiedition  then  con- 
tinued south  as  far  as  Ltoua  Bay,  returning  to  Okhotsk  in  the  summer 
of  1787.'' 

The  rapid  exi)ansiou  of  the  Kussians  beyond  liadiak  is  bc>-»t  told  in 
the  words  of  the  same  author:  "The  settlement  formed  by  Slielikof 
in  the  isle  of  Kadiak  has  more  contributed  to  spread  the  extent  of  the 
Kussian  trade  and  i)0wer  in  the  North  Pacific  Ocean  than  any  jireced- 
ingexpediticms.  He  sent  out  detached  parties,  who  formed  establish- 
ments on  various  parts  of  the  American  continent  and  kept  the  natives 
in  due  order  and  subjugation. 


'  Herj?,  p.  1  el  »eii. 

"  Coxe,  p.  207  et  aeq.,  p.  232  et  seq. 

2 


^  Coxe,  p.  232. 

*  Coxe,  1).  247  et  acq. 


9 


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10 


ADIHTIONAI,    I'ACTH    KKI.ATINCS    TO 


"During  liis  siiivry  of  the  Aiiicricati  eoii.st  Viincoiiv«'i'  met  with  niiiiiy 
(•oiisith>i'iil)h>  hiintin;;'  pai'tit's,  iin(U;r  the  roiiiinaiHl  of  Itiissiiiiis;  oiiii  in 
particiihir,  wliich  he  saw  in  iNu'tlock^s  llarhoui-,  eoiisistiii};  of  not  Ichs 
tliaii  iK)0  iiativtss  of  Kailiaiv  anil  of  the  ailjacent  regions,  lie  likewise 
ini'ntions  theiv  setllenuMit  at  Port  ICtt'lies  or  Nooteheek,  and  {,'ives  a 
liarticuiarch^tail  of  the  faetory  which  they  had  establisiied  in  Cook's 
Jnlet "^ 

In  17.S7  Shelikof  Jou'-neyed  to  Irkntsk  to  obtain  for  his  csompany  ex- 
dnsive  control  of  the  far  trade,  for  at  that  time  tliere  was  dan};er 
that  this  trade  wonhl  eoinc^  to  an  end  uidess  carried  on  und«'r  proper 
restrit'tions.     lie  met,  however,  only  with  partial  success. 

Soon  after  the  Russians  had  settled  upon  tlie  coast  of  America  tliey 
bi'j'un  Ji}j:litin{;  amonjist  themselves,  the  liCbedef  Company  niakinj;'  its 
appearance  at  Kadiak  in  I7S(J,  and  shortly  afterwards  movinj>'  on  to 
Cooks  Inlet  aud  Piiin-e  William  Sound,  at  both  of  which  sjiots  tlie 
Shelikof  company  had  already  established  itself.'' 

In  1705  Slielikof  died,  but  his  company  continui'cl  in  existence.  Two 
years  later  a  merchant  named  iMiliidv<»f  organized  a  larjje  company, which 
com])any,  however,  shortly  afterwards  united  with  the  Shelikof  and 
other  (Mtmpanies,  forming' to<>etiier  an  association  known  as  the  United 
Ameiican  Conii)any,  with  a  ciii>italof  724,()0(>  rnbles,  iind  this  company 
became  in  the  year  17!M>,  by  an  imperial  ukase,  which  contained  its  char- 
ter, tlu>  Kussian  American  Company.  All  hnnti'rs  or  small  traders  in 
Kussiau  America  were  invited  to  Join  it.  The  rijjhts,  obli}>ations,  and 
mode  of  ji<»ver:iment  of  this  Company,  as  well  as  the  character  and  ex- 
tent of  its  fur  industry,  of  which  the  fur  seal  catch  formed  .it  au  early 
date  the  chief  item,  are  referred  to  elst'where.'' 

It  was  the  constant  policy  of  the  Russian  Govt'rninent  and  of  the 
Company  to  juevent  foreign«'rs  from  derivinji'  profit  from  intercourse 
with  the  Colonii's,  and  toward  the  end  of  1822  a  Kussian  sloop  of  war 
rejiched  Sitka  with  instructions  that  all  trade  with  them  should  cease. 
The  shareholders  of  the  Cfunpany,  however,  soon  realized  that  a  total 
suspension  of  all  trade  with  foreigners  was  detiimental  to  their  inter- 
ests, and  in  1S24  they  successfully  petitioned  the  Governnieut  that  the 
l)ort  of  Sitka  be  opent'd  to  such  trade." 

The  Company's  charter  was  renewed  in  1821.  During  the  second 
term  of  its  existence  a  toxir  of  inspection  was  nmde  through  the  Colo- 
nies by  the  chief  manager  and  they  were  diviiled  into  live  districts. 
Further  important  expeditions  were  undertaken  to  Bering  Sea  and  its 
eastern  coast,  and  many  valuable  surveys  of  these  regions  were  nnule. 
Expeditions  were  also  directed  to  the  interior  of  the  territory  of  Alaska, 
and  to  the  Arctic  coast  east  from  Kotzebue  Sound.^ 

In  the  year  1833  an  event  of  some  importance  took  place  on  the 
Stikeen  River,  iipoii  which  the  Hudson's  Bay  Comjiany  Inul  determined 
to  establish  a  station.  To  accomplish  this  purpose  the  brig  Dryad  was 
to  ascend  this  river  from  its  mouth,  under  the  privilege  conferrt'd 
by  Artitde  vi  of  the  treaty  of  1825.  The  Russians,  hearing  of  this,  dis- 
patched two  armed  vessels  to  the  mouth  of  the  Stikeen,  and  these 
drov'e  ott'  the  Dri/tul  when  she  ai>proached.  A  serious  dispute  threat- 
ened for  some  time  to  arise  out  of  this  affair,  but  it  was  settled  in  1839 
in  this  way:  The  Hudson's  Bay  Company  waived  its  claim  for  damages 
on  condition  that  the  Russian  American  Cimipany  execute  to  the  former 

'Vancouver  visited  tliese  re^^ions  in  171)4.  ■*  See  Case.  j)p.  35-37. 

(Seo  vol.  Ill  of  his  voyajjes,  p.  83  et  seq.)  ■'  Letter  from  the  Minister  of  Finance  to 

■' (Joxe,  p.  264.  the  board  Ai>ril  2,1824,  Vol.  i,  p.  63. 

sTilthmeuief,  vol.  i,  p.  57.  »  Tikhmenief,  vol.  i,  pp.  274, 275. 


iili: 


THE    UIJHSIAN    AMKUICAN    COMPANY. 


11 


iilvnsc  (()if«Mi  yoiirs  of  all  its  coiifiiH-ntiil  toiiitoiy  Iviiiij  hcfwoon  tlio 
HoutluMii  iMmndiiiy  of  tlio  IJussiiin  possossioiis  in  liititiulc  r.-P  41,/  .„„V 
tii|H'  Spi'iHMT,  ii|>(Mi  iiii  aiiiiuiil  ii'iitiil  of  2,000  liind otter  skins  At  its 
expiry  tlii'  leiise  was  reru'wcd  for  anotlicr  period  of  ten  years"'  After 
exeeiifiiiK  t  IIS  lease  the  Ross  e<doiiy,  estal>lislied  in  al.out  IHlli  on  the 
eoast  ot  (  Mlih.rnia,  heeaine  of  less  aiul  les.  valne  to  the  Ifussians,  and 
m  the  year  1S41  it  was  given  up  entirely.^ 

In  the  inonth  of  Manth  1S41,  tiie  Uiissian  Government  renewed  the 
eharter  ot  the  Rnssian  Aineriean  (N.n.pany  for  a  further  period  of 
twenty  >  ears.  During-  this  period  numerous  exploring.-  expe.litions  con- 
tinued to  I,e  s,.nt  out.  Furthermore,  the  Company  .■miM.rke.l  i  so  . 
new  enterprisi.s.  h,  eonjunetion  with  tlie  American  Rnssian  (N.nu  T- 
eial  (company  it  eno,,oed  extensively  in  tlu-  business  of  shippi  ,'e 
from  kad.ak  and  Sitka  to  California,  much  capitial  l,ein«-  vS|  n 
plant  of  all  description.  In  185(;  the  same  parties  un<U.rt<mk  tl  e  w  rk 
ma  <»  a  coal  mine  at  the  mouth  of  Cooks  Inlet.  This  proved  rv 
UMprof  able,  and  for  many  years  was  a  constant  drain  on  t  Su  vc^ 
of  the  Russian  American  Company.  "uu  in 


Its  third  charter  expired  in  lS(i-  and  was  not  renewed,  thou«h  ite(. 

;";;::;;' /:r  iiniti^iita;^.::''^''  ''''^  ^^■-'  ^"«  Temtor^f  Alaska  w, 


t 

ee< 


e(»n- 


'T'khmcniclj  vol.  1,  ^i.  267. 


^aco  Case,  p.  -M,  note  4. 


KUSSIA'S  EARLY  TITLE  TO  PARTS  OF  THE  AMERICAN 

COAST. 


Ill 


I'll;: 


fii 


From  a  smniiinry  of  wliiit  lias  hvo.n  siiid  in  Ww.  Taso'  on  tlic  snbjcrt  of 
early  discovery  and  ownership  of  tlie  territory  surroiuidinj;  ISerinj;' Sea, 
it  apjiears  that  piior  to  ISJl  the  Ifussians  were  without  (juestioii  both 
tlie  first  discoverers  and  settleis  of  all  territory  on  its  westein  and 
soutlM'rn  boundary.  As  to  its  eastern  boundary,  they  were  the  first  to 
visit  a  portion  of  it,  and  tin'  sul>sei|uent  discoveries  of  Cook  were  fol- 
lowed up  by  Ikussian  expeditions.  Xo  nation  save  Itnssia  ever  clainuMl 
this  territoi'y  as  its  own.  This  she  did  as  early  as  tiie  year  17!M>,  <vlieu 
she  conferred  iii»om  the  Russian  .\nu'rican  Company  ex<'lusive  privih^ines 
throufjlnait  its  whole  len<{th;  and  it  is  not  known  that  any  protest  wsts 
ever  raised  totiiis  {•'""t,  which,  furthermore,  in«'ludedthe  coast, already 
larjicly  setth'd  by  Ifussians,  down  to  latitude  'm^  X. 

If  further  i)roof  is  recpiired  as  to  Russia's  ownershi|>  not  oidy  of  this 
shore  but  alsc)  of  the  coast  of  the  continent,  at  '  ast  as  far  west  as 
Piince  William  Sound  or  Yakutat  l»ay,  it  isfnrni      d  by  what  follows. 

In  a  nunib«'r  of  the  London  (^)uarterly  Review  oi  sUU-'it  is  said  in  ref 
onMKte  to  the  fauKUis  ukase  of  ISiil:  "Let  us  examine,  liowever,  what 
claim  Russia  can  leasonably  set  ui»  to  the  territory  in  qiu'stion.  To 
the  two  shores  of  IJeriny  Sea  we  admit  she  would  have  an  undoubted 
claim,  on  the  scoiie  of  i»riority  of  discovery,  that  ()n  the  side  of  Asia 
haviujn'  been  visited  by  Deshiu'w  in  l(t4S,  and  that  of  America  visited 
by  llerinji'  in  1741,  as  far  down  as  tlu' latitude  ."il'^  and  the  ])eakt  ^ 
mountain,  since  generally  km)wn  by  the  nanu'  of  Cape  Fiiiiweather;  to 
the  S(aithAvard  of  this  ]»oint,  howev«'r,  K'ussia  has  not  the  slightest 
claim."' 

In  the  North  Aniericau  Ifeview  for  October,  1822,  we  find  thefollow- 
inji':  "  We  have  no  d(mbt  but  Russian  fur-hunters  formed  establish- 
ments, at  an  early  period,  on  the  Aleutian  Islands  and  neighboring 
coast  of  the  continent;  but  we  are  ecpndly  certain  that  it  can  be  clearly 
demonstrated  that  no  settleuKnit  was  made  eastwaid  of  liering  Ray 
till  the  one  at  Norfolk  Sound  (Sitka),  in  1 799.  The  statements  of  Cook, 
Vanc<aiver,  Mears  (Mirs),  Rortlock,  and  La  Rerouse  prove,  what  we 
readily  admit,  that  i)revious  to  178<>  the  Russians  had  settlements  on 
the  island  of  Kadiak  and  in  Cook's  River;  but  we  shsill  take  leave  to 
use  the  same  authorities  to  establish  the  fact  that  none  of  these  settle- 
ments extended  so  far  east  as  Rering  Ray.' 

Claret  Fleurieu,  in  his  introduction  to  the  Voyage  of  Marchand,  pub- 

~ny.  20-25. 

2  Vol.  XXVI.  i».3H. 

^Scc  also,  to  tilt'  same  ettVsot,  .irticlc  in  (^iiiU'tely  Uoview  for  IHll,  ]».  285. 

'Sc(^  also  North  AiiKMican  U«5vie\v,  Maicli,  iSlti,  i>.  'M)'2:  ''At  the  scttlomeut  of 
Nurt'olk  Soiiiitl,  ill  latitude  57" 


N.,  tlieic  arc  about  UOO  iiussians." 


12 


UrssiAS    TITI.K    T<1    I'AUTS    OF     I'lIK    AMIIKK'AN    niAST. 


\:\ 


la 


lislicd  ill  isoi,  siiys:  "Tlif  priiifipiil  Mltjccf  nl'  nil  tlicso  voynjjrs  was  tli(> 
(^XiiiiiiiiatiMii  ottliiit  liMi;;'  ai'clii|uOsi;;o,  known  iiinlcr  tlir  collective  niiint' 
ot'tlic  Aleutian  or  Fox  Islainls,  wliieli  the  I'ussiati  eliarts  iliviile  into 
several  aicliipela^ioes  iimler  (lilleceiit  names;  ot'all  tlie  part  ol'tlieeoast 
wliiili  extends  east  ami  west  under  the  parallel  of  (»(>  and  eoiiipre 
liends  a  awat  nuiiilicr  of  islands  situated  to  the  south  ol'the  mainland, 
some  of  whieli  were  visited,  and  others  only  peieeived  l»y  iSeeriii;;-; 
lastly, oftlie  I'eiiinsnla  of  Alaska,  and  of  theother  islandssitiiated  to  the 
iiortli  of  this  peninsula  as  far  a  i  the  seventieth  decree.  It  is  on  tlieso 
Aleutian  Islands,  and  on  upwards  of  three  hundred  leagues  of  the  coast, 
irlilcli  r.rtrnil  lui/oiitl  the  l'i>liir  Cin-h;  that  the  iiidefati^iahle  Russians 
ha\e  foriiH'd  those  iiuiin'roiis  settlements,  thos«i  factories  that  support 
the  fur  tra<le,  from  whicdi  the  lOinpire  of  lliissia  derives  such  ;;reat  ad- 
vantajxes  in  its  cominer(!ial  concerns  and  exchaii;ies  with  the  Empire 
of  China."' 

Sir  (}eor;j«'  Simpson,  the  jiovernr^'  in  chief  of  the  Hudson's  flay  Com- 
pany's territories  in  North  America,  says  in  his  •'•  Narral  ive  of  a  Journey 
round  the  world  diiriii;;' the  years  ISU  ami  ISlii'';^  -'In  Jiis(i«'c.  how- 
ever, to  Kiissia,  I  have  no  hesitation  in  sayin;;'  that  under  the  rec.i;;- 
iii/.ed  |)riiiciples  of  coloni/atioii  she  is  fully  entitled  to  all  that  she  holds 
in  Ainerica."  The  writer  «;-oes  on  to  describe  the  discoveries  as  far  as 
\KadiaK/and  states:  ".  .  .  iio»»ther  iiati(»ii  liavinj;' previously  penetrated, 
orevcii  pretended  t(»  have  penetrated,  farther  north  than  the  parallel  of 
.";p."  And  he  continues:  "IJut  the  Knssian  discoveries  were  distiii- 
ftiiished  l»y  this  favorable  i)eculiarity,  that  they  were  in  a  ^ircat  measure 
achieved  independently  of  theiiioi"  s(»utlierly  discoveries  of  Spain.  beiii<; 
the  result  of  rumors  of  a  neiyiiborinji' continent  wlii<'li  in  th«'  be^iiiiniii}^ 
of  the  (ientiiiy  the  Russian  compierors  had  found  to  be  rife  in  Kam- 
chatka. A[(Meover,  in  the  <'ase  of  the  Itiissians,  discovery  and  pos- 
session had  advanced  hand  in  hand.  The  settlement  of  Kadiak  was 
made  four  years  before^  Mears  erected  his  solitary  shed  in  Nootka 
Sound,  and  Sitka  was  established  fully  ten  or  twelve  years  earlier  than 
Astoria.  Accordinjf  to  this  plaitisiiinmary of  undeniable  facts  liiissia 
had  a  better  claim,  at  least  down  to  the  parallel  of  5(P,  than  any  other 
pow<'r  could  |>ossibIy  aciiiiire.''' 

In  a  coidideiitial  memorandum  submitted  by  Mr.  Middleton,  Unit+Hi— 
States  Minister,  to  the  Itussian  authorities  duriuf;'  the  heat  oftlie  siib- 
se(pient  controversy  between  the  United  States  and  Russia,  it  is  said: 

"  About  this  time,  but  a  little  later,  in  1(5!)7,  tin;  Russians  peiii'trated, 
by  Siberia,  as  far  as  Kaincliatka,  and  from  thence  emliarkiii"'  at  the 
ports  of  Okhotsk  and  Avatclia,  between  the  years  1710  and  1741,  they 
pushed  their  discov<'ries  in  the  northern  latitudes  of  tlieCreat  Oc»^an. 
From  these  disiioveries  Russia  derives  her  rijihts  to  that  lon<i'  chain  of 
islands  interveninj;'  between  the  western  and  tlu^  eastern  continents, 
and  even  to  a  very  considerable  pcu'tioii  of  the  <'ontiiieut  of  Anu'rica — 
rij>hts  which  have  never  been  contested.'' 

"  It  is,  th:'n,  demonstrated  that  Russia,  in  the  year  1 7!)(),  was  far  from 
formiiijHf  any  territorial  claim  for  luuself  ujion  the  continent  of  North 
America  on  this  side  of  the  sixty-tirst  dej-reeof  north  latitude."  ' 

'  Marcliaml's  Voyajto,  translati'd  1>y  C.  1*.  (Jlarct  Floiiriou,   l.ouiloii,   1801,  vol.  I, 
inti'diliK't'ion,  p.  xxxv. 
■  Ihid.,  vol.  I,  p.  270. 
'Amcriciin  8tato  Papers,  Forci;?u  Hclatioiis,  vol.  v,  p.  450. 


ni  '111 

i::    Hi: 


IMPERIAL  RUSSIAN  EDICTS  RELATING  TO  THE 
RUSSIAN  AMSRICAN  COMPANY. 


■I  if 


II 


^m 


r'  iijv;' 


llj! 

Ml 


CHARTER  OF  1799.' 

First  charter  of  the.  limsUui  American  Company. 

On  the  orif>iiial  is  writtcMi  in  Ifi.s  Imperial  Majesty's  «»\vn  liand:  ''Bo 
it  tlius."— Peteihott;  July  8,  171M>. 

"By  the.  ft'race  of  a  merciful  (lod,  we,  Ciuil  the  First,  Kmperor  and 
Autocrat  of  all  the  Bussias,  «'te.  To  the  llussian  American  Com]>any 
under  our  hijihest  protection.  The  benefits  and  advantages  resultinji-  to 
our  empire  from  the  huntinjiand  trading  carried  on  by  our  loyal  sui  jects 
in  the  nortluiastern  seas  and  ahmgthecoastsof  America  have  attracted 
GUI  imperial  attention  and  consideration;  therefore,  having  taken  iMider 
our  innne<liate  protection  a  Company  organized  for  the  .above-name«l 
purpose  of  carrying  on  hunting  and  trading,  we  allow  it  to  assume  the 
a]tpellation  of  'Kussiau  American  Company,  o])erating  under  our  High- 
est Protection;'  aiul  for  the  purjxtseof  aiding  the  Comjtany  in  its  enter- 
prises, we  allow  the  commanders  of  our  land  aiul  sea  forces  to  employ 
said  forces  in  the  Company's  aid  if  occasion  n'quires  it,  while  for  fur- 
ther relief  and  assistance  of  said  ('ompany,  and  having  examined  their 
rides  and  regulations,  we  hereby  declare  it  to  be  our  highest  Imperial 
will  to  grant  to  this  Company  for  a  period  of  20  years  the  following 
rights  and  privileges: 

I.  By  the  right  of  discovery  in  i)ast  times  by  Russian  navigators  of 
the  northeastern'^  part  of  America,  beginning  from  the  Hfty-tifth  degree 
of  north  latitude  and  of  the  chain  of  islands  extending  from  Kamchatka 
to  the  north  to  ^Vnierica,  and  s<  uthward  to  Japan,  and  by  right  of  pos- 
session of  the  same  by  Bussia,  we  most  graciously  permit  the  Company 
to  have  the  use  of  all  hunting-grounds  ami  establishments  noAV  exist- 
ing on  the  northeastern'^  «'oast  of  America,  from  the  above-mentioned 
hfty-tifth  degree  to  Bering  Stiiiit,  and  also  on  the  Aleutian,  Kurile,  and 
other  islands  sitiuited  in  tlie  Northeastern  Ocean. 

II.  To  make  new  discoveries  not  only  north  of  the  tifty-hfth  degree 
of  n»u'th  latitude,  but  farther  to  the  south,  and  to  occupy  the  new 
lands  dis<u)vered,  as  Bussian  jmssessions,  according  to  prescribed  rules, 
if  they  have  not  been  previously  occupied  by,  or  been  dependent  on, 
any  other  nation. 

III.  To  use  and  i)roflt  by  everything  which  has  been  or  shall  be  dis- 
covered in  those  localities,  on  the  surface  au«l  in  the  interior  of  the  earth, 
without  competition  from  others. 

iV.  We  most  graciously  permit  this  Company  to  establish  settle- 
ments in  future  times,  wherever  they  are  wanted,  according  to  its  best 


'  For  Kussiiiii  text,  sec  Tikbinouiefi  vol. 
I,  pp.  77-80. 
•'Hie. 
14 


I,  upp.,  p.  19,  aud  Goluvuiu,  in  Materiultii, 


Vj 


I  v.: 


CIIAirriiU    Ol"    1799. 


If) 


kiiowli'djjo  and  belie?!',  and  fnitify  tlieni  to  insure  the  safety  of  the 
iidiabitants,  and  to  sen<l  ships  to  those  shores  with  jioods  and  hunters, 
without  any  obstacles  on  the  part  of  the  (Jincrnnient. 

V.  To  extend  their  navijiation  to  all  adjoining  nations  and  hold  busi- 
ness intercourse  with  all  surroundiuj»' ])oweis,  upon  obtaininji  their  free 
consent  for  the  purpose,  and  under  our  hij>hest  ])rotection  to  enable 
them  to  pros«'cute  tlieii-  enterprises  with  jiieater  force  and  advantajne. 

VI.  To  employ  for  navigation,  hnntinji',  and  all  other  busiiu^ss,  fr:  e 
and  unsjispected  jx-ople,  havinji  no  illegal  views  or  intentions.  Jn  «'on- 
sideration  of  the  distance  of  the  localities  where  they  will  be  sent,  the 
provincial  authorities  will  grant  to  all  persons  sent  (uit  as  settlers,  linn- 
ters.and  in  othei- capacities,  passi)orts  for  seven  years.  Serfsand  house- 
servants  will  only  be  employe<l  by  the  Comjtany  with  the  consent  of 
theii'  landholders,  and  Government  taxes  will  be  paid  for  all  scifs  thus 
employed. 

VII.  Tlnmgh  it  is  forbi<lden  by  our  highest  (uder  to  cut  (rovernment 
timber  anywhere  without  the  i)ermission  of  the  admiralty  college, 
tiiis  Company  is  hereby  permitted,  on  account  of  the  distance  of  the 
admiralty  from  Okhotsk,  when  it  needs  tind>er  tor  icpairs,  and  occa- 
sionally for  the  construction  of  new  ships,  to  use  fieely  such  timlun-  as 
is  recpdred. 

VII  I.  For  shooting  animals,  for  marine  signals,  and  in  all  unexpected 
emergencies  on  the  nniinland  of  America,  and  on  tlie  islands,  the  Oom- 
j»any  is  permitted  to  buy  for  cash,  at  cost  price,  from  the  Government 
artillery  nuigi>zin<-  at  Irkutsk,  yearly,  40  or  50  ])<)uds  (»f  powder  and 
from  the  Nertchinsk  mine  200  pouds  of  lead. 

IX.  If  one  of  the  partners  of  the  Company  beconu's  indebted  to  the 
Government  or  to  private  persons  and  is  not  in  a  condition  to  pay  them 
from  any  other  pro])erty  except  what  he  holds  in  the  Comi)any,  such 
l)roperty  can  not  be  seized  for  the  satisfaction  of  such  debts,  but  the 
debtor  shall  not  be  permitted  to  use  anything  but  the  interest  or  divi- 
dends of  such  proi)erty  until  the  term  of  the  (J<)m])any's  jirivileges  ex- 
pires, when  it  will  be  at  his  or  his  creditor's  disposal. 

X.  The  exclusive  right  is  most  gracicmsly  granted  to  the  Company  f<u- 
a  period  of  twenty  years,  to  use  and  enjoy,  in  the  above-described  ex- 
tent of  country  and  islands,  all  ])rotits  and  advantages  derived  tVom 
hunting,  trade,  industries,  and  discovery  of  new  lands,  prohibiting  the 
enjoyment  of  these  profits  and  advantages  not  (udy  to  those  who  would 
wish  to  sail  to  those  ccmntries  on  their  own  account,  but  to  all  fornu'r 
hunters  and  tra])pers  who  have  been  engaged  in  this  trade  and  have 
their  vessels  and  fuis  at  those  i>laces;  and  other  companies  which  may 
have  been  fornu'd  will  not  be  allowed  to  continue  tiieir  business  unless 
they  unite  with  the  present  Comi)any  with  their  free  consent;  but  such 
private  comi)anies  or  traders  as  have  tiieir  vessels  in  those  regions  can 
either  sell  their  i)roi»erty,  or,  with  tiie  Company's  consent,  remain  until 
they  have  obtained  a  cargo,  but  no  longer  than  is  recpiired  for  the  load- 
ing and  return  of  their  vessel ;  ami  after  that  nobody  will  have  any 
privileges  but  this  one  Ctmipany,  which  will  be  protected  in  the  enjoy- 
ment of  all  the  rights  menti(med. 

XI.  Cnder  our  highest  protection  the  Uussian  American  Coiiii)any 
will  have  full  control  over  all  above-mentioned  localities,  and  exercise 
judicial  powers  in  minor  cases.  The  Comi)any  will  also  be  permitted  to 
use  all  local  facilities  for  fortitications  in  the  defense  of  the  «'ouutry 
under  their  control  against  foreign  attacks.  Only  i)artners  of  theConi- 
])aiiy  shall  be  employed  in  the  administration  of  the  new  possessions  in 
charge  of  the  Company. 


!i  I 


I  ll'l    ' 


I'll!  I 

!ll;f 


ijir'i ' 

if 

!  I 


r 


ii:  ' 


m. 


1 


I'll"' 


IG  IMPEKIAL    KLiSSIAN    KDlL'TS. 


UKASE  OF  1821.  > 

Edict  of  his  Tnipcritd  Majcsti/  Autovmt  of  all  the  Rmsias. 

Tlio  Dinn'tinp;  Sonntc  malvoth  known  unto  all  nuMi.  VVht'icas  in  an 
edict  of  Ills  Imperial  Majesty,  issued  to  the  Direetinj:  Senate  on  fhe  4tli 
<la.vot  September,  and  sijiiied  by  His  Imperial  Majesty's  own  hand,  it  is 
thus  expressed: 

''  Observing'  from  reports  snbmitti'd  to  us  that  the  trade  of  our  sub- 
jects on  the  Aleutian  Islands  and  on  the  northwj'st  coast  of  America 
ai>pertaininf;'  unto  Russia,  is  subjected,  l)e«'ause  of  secret  aiul  illicit 
fcrafttc,  to  opin-ession  and  imju'dinients;  and  lindiiij;-  that  the  i>rincipal 
causi'  of  these  diHiculties  is  the  want  of  rules  establishinji'  the  boun- 
daries for  navij»'ati(m  alonjj  these  coasts,  and  the  order  of  naval  com- 
numication  as  well  in  these  i»laces  as  on  the  wludeof  the  eastern  coast 
of  Siberia  and  the  Kurile  Islands,  WK  have  deemed  it  necessary  to  de- 
ternn'iu'  these  comnumications  bv  speciJic  regulations,  which  are  hereto 
attached." 

"In  Ibrwardin;;'  these  rej«ulations  to  the  I)irectinj>-  S»'nate,  weconi- 
niand  that  the  sanu'  be  published  for  univtMsal  information,  and  that 
the  propel-  measures  be  taken  to  carry  them  into  execution." 

(Counteisiyued:  Count  D.  Gurief,  Minister  of  Finances.) 


It  is  tln'refore  decreed  by  the  Directinji'  Senate  that  His  Imperial 
Majesty's  (Mlict  be  published  for  the  information  of  all  men,  and  that 
the  same  be  obeyed  by  all  whom  it  may  concern. 

The  oriji'inal  is  si<>ned  by  the  I>ire<'ting  Senate. 

Printed  at  St.  Petersburg,  iu  the  Senate,  7th  Septeud)er,  1821. 

On  the  orij>inal  is  Mritten  in  the  haiulwriting  of  His  Imperial  Maj- 
esty, thus: 

I>e  it  accordinju'ly — 

Alexander. 
Kamennoy  Ostroff,   I  til  Srptinihcr,  1S21. 

lil'/.l'JS  ESTMiLISHED  FOR  Till':  LIMITS  OF  NAVIGATION  AND  OUDKli 
OF  VOMMISICATION  ALONd  TIIF  COAST  OF  FASTFliN  SIliEIllA,  TIIF 
NOIiTinVFST  COAST  OF  AMERICA,  AND  TIIF  ALEUTIAN,  KURILE,  AND 
OTHER  ISLANDS. 

Skc.  1.  The  i»urs)iits  of  commerce,  whalinji',  and  fishery,  and  of  all 
other  industry  on  all  islands,  i)ort8,  and  <;nifs  inchulinj;'  the  whoh^  of 
the  northwest  coast  of  America,  bejiinninji'  from  Ijehrinfj's  Straits  to 
the  .■>l°of  n(U'thern  latitude,  also  from  the  Aleutian  Islands  to  the  east- 
ern coast  of  Siberia,  as  well  as  alon<>-  the  Kurile  Islands  from  B«'hrinji's 
Straits  to  the  South  Cape  of  the  Island  of  Urui»,  viz,  t()  the  450  50' 
northern  latitude,  is  exclusively  ji'ranted  to  IJussian  subjects, 

Seo.  2.  It  is  theref(U'e  i)rohibited  to  all  foreijun  vessels  not  only  to 
land  on  the  coasts  and  islands  belon}iinj{'  to  Russia  as  stated  above, 
but  also  to  ai)pr()ach  them  within  less  than  a  hundred  Italian  ndles. 

'  Tnmsltitum  iis  sent  out  liy  tin-  Russian  (lovciiuneut  iu  1821. 


TTKASE    OF    1821. 


17 


MaJ- 


of  all 

lolc  of 

lits  to 

cast- 

15°  5(»' 

inly  t») 

above, 

miles. 


i 

''4 


The  trausf^iessoi's  vessel  is  suhjeet  to  con  liscation  along  with  the  whole 

ear^o. 

Si:c.  .'J  An  exeeption  to  this  rule  is  to  be  made  in  favor  of  vessels  cur- 
ried thither  by  heavy  gales  or  real  want  of  provisions,  an«l  unable  to 
make  any  other  shore  but  su<h  as  belongs  to  Itussia.  In  these  eases 
they  are  obliged  to  product'  convincing  proofs  ofiietual  reason  lor  sm-h 
an  exception.  Shi))s  of  friendly  governments  mej'cly  on  discoveries  are 
likewise  exempt  Irom  the  foregoing  rule  (Sec.  U). 

In  this  case,  however,  they  must  ]ueviously  be  i)rovided  with  pass- 
ports from  the  ttussian  Ministei  of  the  Kavy. 

Seo.  4.  Foreign  merchant  ships  which,  for  reasons  stated  in  flu;  fore- 
going rule,  touch  at  any  of  the  above  mentioned  (toasts  are  obliged  to 
endeavor  to  choose  a  i)lace  where  Russians  are  settled,  and  to  act  as 
heveuiuler  stated. 

Siio.  5.  On  the  arrival  of  a  foreign  merchant  ship,  wind  and  weather 
permitting,  a  pilot  will  nuM't  her  to  appoint  an  anchoring  i)lace  appro- 
iniate  for  the  puri»ose.  The  captain  who,  notwithstanding  this,  anchors 
elsewhere  without  being  able  to  assign  a  proper  reason  to  the  com- 
mander of  the  place  siiall  pay  a  line  of  one  hundred  dollars. 

Sko.  6.  All  rowing  boats  of  Ibrcign  merchant  vessels  are  oblige<l  to 
land  at  on<'  i)lace  ai»pointed  for  them,  where  in  the  day  time  a  white 
Hag  is  hung  out,  and  at  night  a  lantern,  and  where  a  clerk  is  to  at- 
tend continually  to  prevent  im-  and  exitorting  any  articles  or  goods. 
Whoever  lauds  at  any  other  place,  even  without  an  intent  of  smuggling, 
shall  pay  a  tine  of  fifty  dollars;  and  if  a  person  be  discovered  bringing 
any  articles  ashore  a  tine  of  live  hundred  dollars  is  to  be  exa(!ted  and. 
the  goods  to  be  confiscated. 

8kc.  7.  The  commanders  of  said  vessels  being  in  want  of  provisions, 
stores,  etc.,  for  the  continuation  of  tluMr  voyage  are  bound  to  ai)i)ly  to 
the  <*ommander  of  the  phu-e,  who  will  ai)point  where  these  may  be  ob- 
t  jiued,  after  which  they  nmy  without  difliculty  scud  their  boats  there 
to  procure  all  they  want.  Whosoever  deviates  from  this  rule  shall  pay 
a  tine  of  one  hundred  dollars. 

Sec.  8.  If  it  be  unavoidable  for  the  i>ii;i)oseof  rei)airing  or  careening 
a  foreign  nu'rcliant  shijt  that  she  dis' Iiarge  the  whole  caigo,  the  mas- 
ter is  obliged  to  ask  the  permission  o^  the  commander  of  the  place.  In 
this  case  tlie  captain  shall  deliver  to  tiu'  comnuinderan  exact  list  of  the 
nature  and  «piality  of  the  goods  disi-harged.  Everyone  who  omits  to 
report  any  part  of  the  cargo  will  be  suspected  of  smuggling  and  shall 
pay  a  fine  of  oue  thousand  d<tllars. 

Sec.  9.  All  expenses  iiu'uriod  by  these  vessels  duiiug  their  stay  in 
the  Hussian  territories  must  be  paid  in  cash  or  bills  of  exchange.  In 
case,  however,  the  captains  of  these  ships  have  no  money  on  board  and. 
nobody  gives  secuiity  for  tluur  bonds,  the  commainder  can  at  their  re- 
<piest  allow  the  sale  of  such  articles,  stores,  or  goods  retpiired  merely 
for  defraying  the  above  stated  expenses.  These  sales,  however,  can  be 
made  only  to  the  company  and  through  the  means  of  the  commander, 
but  must  not  exceeil  the  expenses  of  the  ships  uiuler  i)enalty  of  the 
cargo  being  seized  and  a  fine  paid  of  one  thousand  dollars. 

Sec.  10.  As  soon  as  said  foreign  nuu'chant  vessels  are  ready  for 
their  cargoes,  stores,  provisions,  etc.,  they  must  immediately  proceed 
to  take  them  in.  and  after  an  exanunation  if  they  have  loaded  all  the 
above  stated  articles,  and  a  written  certificate  of  their  not  having  left 
anything  behind,  they  are  to  set  sail. 

Such  vessels  as  have  not  been  unloaded  are  likewise  subjected  to 
sail,  without  the  least  delay,  as  soon  as  they  are  able  to  proceed  to  sea. 


i. 


VI) '. 


'Ill  '! 


I,   ! 

n 


iii 


1;  l| 


i   1  [ 


i 


■  I'   '' 
It  'I 


ill 


a! 


11'' 


*i 


IE  I 


i'i 


18 


IMrEHIAL    Rl'SSIAN    EDICTS. 


Swr.  11.  It  is  proliibited  to  all  ciHniiiaiMlers  of  the  said  forcifjn  ves- 
sels, coiiiinissioin'is,  and  others,  whosoever  they  may  be,  to  reeeive  any 
articles,  stores,  or  goods  in  those  places  where  they  will  have  landed, 
exi'ept  iu  the  case  as  pr.  sec.  7,  under  penalty  of  seizure  of  their  ship  and 
cargo. 

Sec.  12.  It  is  prohibited  to  these  foreign  ships  to  receive  on  boiir<l, 
without  especial  permission  of  the  commanders,  any  of  the  i>eoi)lo  in 
thi'  service  of  the  company,  or  of  the  foreigners  living  iu  the  company's 
settlements. 

Ships  proved  to  have  tlie  intention  of  carrying  off  any  person  behuig- 
ing  to  the  colony  shall  be  seized. 

Sec.  13.  Every  purchase,  sale,  or  barter  is  i>rohibited  betwixt  a  foreign 
merchant  ship  and  peoi)le  in  the  service  of  the  coui]>any.  This  ]»rolii- 
bition  extends  equally  to  those  who  are  on  shore  and  to  those  emphtyed 
in  the  company's  shii)s. 

Any  ship  acting  against  this  rule  shall  pay  tive  times  the  value  of 
the  articles,  stores,  (U-  goo<ls constituting  this  piohibited  traffic. 

Sec.  14.  It  is  likewise  interdicted  to  foreign  ships  to  carry  on  any 
frathc  or  barter  with  the  natives  of  the  islands,  and  of  the  northwest 
coast  of  America,  in  the  whole  extent  hereabove  mentioned.  A  ship 
convicted  of  this  trade  shall  be  confiscated. 

Sec.  15,  All  articles,  stores,  and  goods  found  on  shore  in  ports  or 
harbours,  belonging  to  Ivussian  subjects  (carrying  ou  i)rohibited  traffic) 
or  t(>  foreign  vessels  are  to  be  seize(l. 

Sec.  10.  The  foreign  merchant  ships  lying  iu  harbcn-  or  in  the  roads 
dare  under  no  i)retence  send  out  theii-  boats  to  vessels  at  sea,  <u'  to 
those  already  come  in,  until  they  have  been  spoken  to  and  visited  ac- 
cording to  the  existing  cust<uns.  Whenever  a  foreign  vessel  hoists  a 
yellow  flag,  to  announce  an  infections  disease  being  on  board,  or  the 
symittoms  of  the  same,  or  any  other  danger  of  which  she  wishes  to  be 
freed;  every  communication  is  interdicted  until  said  Hag  is  taken  down. 
From  this  rule,  however,  are  exce])ted  j)ersons  ai)i>ointed  for  the  pur- 
l)ose  and  whose  boats  be  under  the  colours  of  tlie  Kussiau  American 
Company. 

Any  vessel  acting  contrary  to  this  regulation  shall  pay  a  fine  of  five 
hundred  dollars. 

Sec.  17.  No  ballast  may  be  thrown  overboard,  but  iu  such  places  as 
are  aj^iiointed  by  the  commanders.  The  transgressor  is  liable  to  a  fine 
of  five  hundred  dollars. 

Se(J.  18.  To  all  foreign  merchant  ships  during  their  stay  in  anduning 
places,  harbors,  or  roads,  it  is  jjioliibited  to  have  their  guns  h)ad»'d 
either  with  balls  or  cartridges,  under  the  risk  of  paying  a  fine  of  fifty 
dollars  fiu"  each  gun. 

Sec.  19.  No  foreign  merchant  ship  in  port  or  in  the  roads,  or  riding 
at  anchor,  may  fire  guns  or  muskets  without  previously  informing  the 
commander  of  the  idace  or  settlement,  unless  it  be  for  pilots,  signaliz- 
ing the  sanu!  by  the  firing  of  one,  two,  or  three  guns,  and  hoisting  her 
colours  as  is  custouiary  iu  similar  wants.  In  acting  contrary  thereto, 
she  is  subjected  to  a  fine  of  one  hundred  dollars  for  each  shot. 

Sec.  20.  Ou  the  arrival  of  a  foreign  ship  in  the  harbour  or  in  the  roads, 
a  boat  w  ill  immediately  be  sent  to  meet  her,  and  to  deliver  to  the  cap- 
tain a  printed  <'opy  of  these  regulations,  for  which  he  must  give  receipt 
in  a  book  destined  for  the  pui'pose.  He  is  further  obliged  to  state  in 
the  book  as  pr.  annexed  form,  all  information  required  of  foreign  ves- 
sels. All  ships  refusing  to  comply  with  these  regulations  dare  not  ap- 
proach the  harbour,  roads,  or  any  anchoring  place. 


■,!J! 


UKASli   OF    1821. 


19 


titty 

i<liTig 
the 

laliz- 
her 

ilX'tO, 


Niiiiic  mill 
Imrllifii        Wlint 
of  III!'         nation. 
VUM.trl. 


Xanio 

Niuno 

Niuulicr 

Niimbor 

of  tlio 

of  till) 

of  tilt) 

of 

owniT. 

caiitaiu. 

crew. 

S'lIIH. 

Cargo. 


I'liu'e 

wlll'I'O    til 
!         VCHMfl 

It'oiuuH  from. 


Dust  {nation 
of  till)  { 
V('H«el. 


Sec.  21.  TIh'  captain  ofat<)rei{?n  merchant  sliip,  coming  to  an  aiu'lior 
in  a  port  or  in  tlie  roads,  is  obliged  on  his  arrival  to  give  a  statenu^nt 
oftlie  health  of  tlie  ship's  crew,  and  should  after  this  a  contagions  ill- 
ness be  disc(»vere<l  on  board  of  his  vessel  he  mnst  immediately  inform 
tlie  coimnander  of  the  place  thereof.  The  vessel,  according  to  circum- 
stsinces,  will  be  eitlier  sent  off  or  put  under  quarantine  in  a  jjhice  ap- 
l»ropriated  for  tlie  ]»urpose,  where  tiie  crew  may  be  cured  witliout  put- 
ting the  inhabitants  in  <langer  of  iiife<'tion.  Should  the  captain  of  such 
a  ship  (HUiceal  the  circumstiuices,  the  same  will  be  confiscated  with  her 
whole  cargo. 

Sec.  22.  The  nmster  of  a  vessel,  at  the  request  of  the  commander  of 
a  ]»lace,  is  obliged  to  produce  a  list  of  the  whole  crew  and  all  the  i)as- 
sengers,  ami  should  he  omit  any  lie  shall  pay  a  tine  of  one  hunclred 
dollars  for  every  one  left  out. 

Sec.  2.'{.  Tiie  captains  are  bound  to  keei>  their  crew  in  striiit  order 
and  proper  behavior  on  the  coasts  and  in  the  ports,  and  likewise  \nv- 
vent  their  trading  or  bartering  witli  the  company's  people.  They  are 
answerable  for  the  (conduct  of  their  sailors  and  other  inferiors.  Illicit 
trade  carried  on  by  saih>rs  sul)ject  the  vessel  to  the  sanu^  penalty  as  if 
<hnie  by  the  cajjtain  himself,  because  it  were  easy  for  the  <'aptaiiis  to 
(tarry  on  smuggling  without  punishment  and  Justify  themselves  by 
tin-owing  the  fault  on  the  sailors.  Therefore  every  article  found  njion 
sailors,  which  they  could  not  hide  in  their  i)ockcts  or  under  their  clothes 
to  screen  from  their  sujieriors,  sold  or  bought  on  shore,  will  be  con- 
sidered as  contraband  from  the  ship,  an<l  is  subject  to  the  prescribed 
tine. 

Sec.  24.  Foreign  men-of-war  shall  likewise  comply  with  the  above- 
state<l  regulations  for  the  mercthant  ships,  to  maintain  the  rights  and 
benefits  of  the  company.  In  case  of  oi)positiou,  complaints  will  be 
made  to  their  govt'rnments. 

Sec.  2").  In  case  a  ship  of  the  Knssian  Imperijil  Navy,  or  one  belong- 
ing to  the  Kussian  American  ( Vmipaiiy,  meet  a  foreign  vessel  on  the 
above  stated  ccr'sts,  in  harbours,  or  roads,  within  the  before-nu'ntioned 
limits,  and  the  commander  find  grounds  by  the  present  regulation  that 
the  shij)  be  liable  to  seizure,  he  is  to  act  as  follows: 

Skc.  2(5.  The  commander  of  a  liussian  vessel  suspecting  a  foreign  to 
be  liable  to  confiscation,  nnistiuiiuire,  and  search  the  same,  and,  finding 
her  guilty,  take  possession  of  her.  Should  the  foreign  vessel  resist 
lie  is  to  employ  ])ersuasioii,  then  threats,  and  at  last  force,  endeavoring, 
however,  at  all  events,  to  do  this  with  as  nuich  reserve  as  possible.  If 
the  foreign  vessel  employ  force  against  force,  then  he  shall  ccmsider  the 
same  as  an  evident  enemy  aud  force  her  to  surrendei'  acctuding  to  the 
naval  laws. 

Sec,  27.  After  getting  everything  in  order  and  safety  on  board  the 
foreign  vessel,  the  commamler  of  the  Russian  ship,  or  the  ollicer  sent 
by  him,  shall  demand  the  journal  oftlie  captured  vcs.sel,  and  on  the 
spot  shall  uote  down  in  the  same  that  on  such  a  day,  month,  and  year, 


\  < 


,1^ 

'1,  :l 


ill 


'  1 1 


I- 


hi'  ]i 


\m 


:•'!•    i 

Si 


IWi 


^'1 


20 


IMrKKMAL    IMISSIAN    EDICTS. 


;it  snt^li  an  liour,  and  in  sndi  a  |)lac«>  lie  met  sucli  and  sncli  a  forcij^ii 
v«'ss«'l,  iind  shall  >x'\\v  a  Inicl'aciMnnit  ofllie  <'ireumstan<M',  pursuit,  :in<l, 
finally,  of  tho  sej/urr.  Aft  or  siiiiiinn'  tln'  sanu'  lu'  sliall  (h'sirc  the  captain 
of  the  raptured  vessel  to  conrnni  (he  siiine  in  his  own  handwriting'. 

Should  he,  however,  refuse  to  si;;n  the  same,  the  Uussiiin  oHieer  is  to 
rejH'at  his  summons  in  presenee  of  all  the  ollieers,  and  if  on  this  it  be 
ajjain  refused,  and  nobody  will  si;>n  in  lieu  of  th(M*ai>tain,  he  is  then  to 
iwld  this  eireumstanee,  si  ,ned  by  liimself. 

xVfti'r  this  arranjiemenl  tiie  Joniiial,  list  of  the  ei'ow,  psissports,  in- 
voices, accounts,  and  all  fuither  papers  res]>ectin;;'  the  vitnvs  and  pur- 
suits of  the  voyaj-'e  of  the  vessel  shall  be  jtut  up  in  <Hie  parcel,  as  well 
as  all  private  papei-s,  viz,  the  Journals  of  the  ol1icei-s,  letters,  etc.,  and 
sealed  with  the  seals  of  the  Itussian  ollicerand  those  of  the  captain  and 
first  oHicer  of  the  foreijiii  vessel.  This  packet  shall  remiiin  unsealed 
Avith  the  coinmamler  of  the  Russian  vessel  until  their  arrival  inthe|»ort 
of  St.  Peter  and  Paul,  where  it  shall  be  deposited  in  the  court,  as  men- 
tioned in  sec.  .'>."{.  I'.esides  this,  everythinji'  else  nuist  be  sealed  by  the 
liussian  ollicer  antl  the  foreijin  captain  that  is  not  reipiisite  for  the  con- 
tinuation of  the  voyajic  to  the  piirt  of  St.  Peter  and  Paul,  excepting  the 
ett'ects  for  the  immediate  and  sole  use  of  the  ship's  crew,  which  shall 
not  be  withheld  from  them. 

Sko.  2S.  Ilavinji'  thus  fixed  all  nu'ans  of  ])recaution,  the  ollicer  sent 
to  airest  the  forei;;n  vessel  shall  instantly  make  his  report  to  his  (rhief 
and  await  his  orders. 

Seo.  1.*9,  Thus,  should  by  any  cause  stated  in  the  s<'cond,  eleventh, 
twelfth,  and  twenty-first  se<'tions  of  these  re}>ulations  a  foreif>n  vessel 
be  subjected  to  c(»ntiscation  in  any  port  near  the  settlements  of  the 
Hnssian  American  Company,  the  commander  of  that  settlement  is 
obliji'ed  either  to  ask  the  assistance  of  he  liussian  man of-war,  if  there 
be  any,  and  the  commander  of  which,  on  receipt  of  a  written  recpiest,  is 
oblijie.il  to  arrest  the  vessel  and  use  all  the  precautions  prescribed  iu 
the  foreR'oin}?  article;  or,  if  there  be  no  liussian  man-ofwar  in  the  har- 
bor or  its  neijihborhood,  and  the  connnander  of  the  settlement  find  that 
he  and  his  people  can  arrest  the  vessi'l  by  themselves,  he  is  then  to  a(;t 
{\ecordinjj;  to  the  twenty-sixth,  twenty-seventh,  and  twenty-ei}«hth  sec- 
tions, and  i)uttinj;-  aslxtre  the  captain  and  every  means  of  getting  the 
vessel  away,  he  nuist  endeavor  as  soon  as  possil)le  to  j'ive  information 
of  this  event  either  to  the  <>'overn(»r  of  the  colonies  of  the  liussian 
American  Company  or  the  commander  of  the  imperial  man  of-war,  if  it 
be  known  where  slu'  lie. 

Sec.  30.  When,  ii.  conseiiuence  of  such  a  report,  the  governor  of  the 
colonies  shall  send  a  company's  vessel,  or  a  Government  vessel  arriving, 
then  the  commander  of  the  place  shall  deliver  uj)  the  vessel  seized,  and 
all  belonging  to  her,  and  shall  report  respecting  his  reasons  for  confis- 
cating the  vessel. 

Sec.  31.  The  commander  of  the  vessel  taking  charge  of  the  seizure 
prize  inventory  shall  examine  immediately  into  all  circumstances  men- 
tioned and  compare  it  with  theaccountsof  the  connnander  of  the  settle- 
ment, who  will  give  every  elucidation  re(|uired. 

Sec.  32.  All  vessels  detained  by  liussian  men  of-war  are  ordered  by 
those  regulations  to  be  brought  to  the  port  of  Sr.  Peter  and  Paul,  where 
the  sentence  is  to  be  passed  on  them  by  a  court  established  for  adjudg- 
ing such  cases. 

Sec.  33.  This  court,  under  the  presidency  of  the  commander  of 
Kamtchatka,  shall  consist  of  three  senior  ollieers  umler  him  and  of  the 
commissioner  of  the  iJussian  American  Company. 


'!-;il 


UKASE   OK    1821. 


n 


•  of  tlie 
living, 

contis- 


I 


»(lov   of 
of  the 


Skc.  ;U.  As  soon  as  a  linssian  vessel,  brinj-ing  into  iho  jxnt  of  St. 
VvU'V  and  PanI  a  foi('ij;n  vessel  arrested  \ty  lier,  lias  conuj  to  anchor  in 
llic  place  assi;;nc(l  liei',  the  conunander  of  lier  is  inniMMliateiy  to  rejciir 
to  the  coniinandiT  of  Kanitchatka,  stating  hrieliy  what  vessel  he  has 
Idonght  in,  the  nuniher  of  the  <'re\v  and  of  the  siek,  sinicifying  their 
diseases,  and  reporting  like,\vise  whether  the  vessel  has  snlliciiint 
victnals,  and  what  goods,  guns  and  other  arms,  powder,  etc.,  are  on 
board. 

Skc.  3r».  The  eouunander  of  Kanitchatka  on  receiving  tliis  report 
will  ordei'  two  ollieeisand  a  sullicient  niunher  of  men  on  l)oard  the  de- 
tained vessi'l. 

8.i;('.  .'<(».  These  two  oHicors,  together  with  theollicers  who  hrouglit  in 
the  detained  ship,  when  on  hoanl  ar<'  to  siiniinon  the  master  ami  two 
of  his  mates,  or  men  in  command  next  to  him,  inspect  all  the  seals  put 
on  the  vessel,  and  then  taking  them  otf  begin  imnuMliately  to  make  an 
accurate  list  of  all  the  ell'ects  belonging  to  the  vessel. 

Si:('.  37.  This  list  is  to  be  signed  by  all  the  (tllieers  on  both  sides  wh(» 
were  i)resent  in  drawing  it  up.  The  commander  of  Kandchatka  is  to 
use  all  possible  endeavors  to  secnni  from  i'mlx^z/.lement  or  damage  all 
('fleets  behuiging  to  the  detained  vessel. 

Se(i.  3S.  Tlie  eiew  of  the  vessel  is  then  to  be  stiid  ashore,  to  such 
places  as  shall  be  apiM)int<'d  by  the  commander  of  Kiimtchatka,  and 
remain  then*  until  the  close  of  the  investigation. 

Sk(".  39.  The  commander  of  the  Russian  vessel  is  obligt'd,  in  the 
course  of  two  days  after  his  arrival  at  the  i)ort  of  St.  Peter  and  Paul, 
to  make  a  minute  represeidation  to  the  commander  of  Kandchatka  of 
all  that  shall  have  happened  at  the  detention  of  the  foreign  vessel 
brought  in  by  him,  and  to  deliver  said  vessel,  together  with  the  sealed 
jtackct  containing  her  papers  expressed  in  see.  27. 

Si;(!.  40.  If  the  Kussian  vessel  that  brought  in  the  port  of  St.  IN'ter 
and  I'aul  a  foreign  vessel  cannot,  for  reasons,  remain  there  until  the 
close  of  the  investigation,  but  be  obliged  to  proceed  to  sea  in  a  very 
short  time,  the  coinnnunler,  in  order  not  to  (h'tain  her,  shall  use  ail 
possible  dis])atch  by  bringing  foiward  the  investigation  of  such  poiids 
as  may  recjuire  the  presence  of  the  Itussian  vessel. 

Skc.  41.  Having  settled  everything  on  board  the  arrested  vessel,  and 
landed  the  crew,  the  c(mrt  immediately  shall  open  the  session  and  en- 
deavor to  ascertain  as  soon  as  possible  the  solution  of  the  inquiry, 
"whether  the  vessel  b(!  lawfully  arrested  or  not." 

Se(!.  41*.  In  order  to  ascertain  this,  the  following  proofs  shall  be  sub- 
stantiated: 

(1)  That  the  vessel  was  met  with  within  the  bound.ariea  prescribed 
in  tlie  second  section  of  these  regulations,  and  that  her  having  been 
within  said  limits  was  not  occasioned  by  reasons  stated  in  section  .3. 

(2)  That  the  vessel  is  a  hiwful  ])rize  by  virtue  of  the  secitions  2,  11, 
12,  14,  and  21  of  these  regidations,  and  the  —  §  of  the  instructions 
to  the  commander  of  the  Kussian  man-of-war. 

isVjC.  43.  In  order  to  decide  either  case,  the  court  is  to  inspec^t  all 
documents  presented,  and  tracingon  one  partall  proofs  of  guilt,  and  on 
the  other  all  d<uibts,  which  might  (;lear  the  tbreign  vessel,  summon  the 
commanding  officer  of  the  Russian  vessel  to  give  all  ailditional  informa- 
tion deemecl  needful,  and  completing  thus  all  circumstances  condemn- 
ing the  foreign  vessel,  the  court  shall  draw  up  a  clear  statement  of  the 
reasons  of  her  condemnation. 

Sk<'.  44.  Slumld  the  court  in  making  out  said  statement  lind  that  the 
foreiyii  vessel  has  been  arrested  without  sufficient  cause,  said  c<»urt  on 


'>  1  ih 


Nfi 


Hi!  i\ 


■I 


I  if ':: 

!••  Ik;  .'l| 
I'M' 


I  ill' 


\rfh> 

I'l: 


:l! 


I; ;  •' 

i'' 

liiillir 


:!;!! 


!■ 


li 


I     :  ll 


;*:(: 


1 

I  lll'l  >, 

m 


ill' 


n 


IMPKRIAL    RUSStAN    EDICTS. 


})i«.s^iii<;  the  seiitoiico  is  \o  «letcnii!!M'  the  (liim;ij'('.s  sutf'ered  by  sucli  de- 
tciitioii,  iiiid  to  furiiisli  Ixttli  partu's  with  ii  certiiied  copy  oJ'tliis  resohi- 
tioii. 

Si<H\  45.  In  the  (M)urse  of  2  days  both  pai'ties  shall  declare  whether 
they  are  satisfied  with  tlie  decision  of  tlie  court  or  not,  and  in  the  Isit- 
tei- cii>e  (sliould  it  hai>i>en)  assi};n  it  in  writing. 

HVA'.  4(i.  Siioul«l  both  parties  be  satisfied  with  the  decision  of  tlie 
court,  then  the  connnander  of  Ivanitchatka  is  to  releast^  immediately 
the  detained  vessel,  returning  everything  to  the  master  according  to 
tlu'  inventory,  ahnig  with  the  adjudged  danniges,  exacting  them  from 
wliomsocver  is  to  pay  the  same. 

Skc.  47.  If  on  the  contrary  the  court  receives  on  the  third  day  a 
repeal  to  its  decision,  it  is  bound  to  take  tliat  repeal  into  immediate 
<M»nsidcration,  and  finding  it  Just,  to  change  its  decision;  if  not,  toiHUi- 
firm  the  same  and  make  it  known  to  the  parties  a  second  time.  After 
this  no  reinesentation  shall  be  admitted,  and  both  pa.  ties  shall  be  sum- 
moned before  the  court,  which  will  allow  them  to  nnike  their  protest  in 
writing,  and  will  then  state  all  the  reasons  why  the  sentence  should  be 
carried  into  execution. 

Sko.  4S.  If  the  court  fnnl  by  the  indictment  that  the  vessel  has  been 
lawfully  detained,  then  the  master  of  the  foreign  v«'ssel,  ov  the  two  eldest 
in  command  uuih'r  him,  shall  be  summoned,  and  the  reasons  of  their  de- 
tention made  known  to  them,  giving  them  a  certified  copy  of  the  con- 
d<'mnatiou. 

Skc.  4').  The  court  is  to  receive  within  three  days,  and  no  later,  the 
representation  of  the  nnister,  ami  if  he  do  not  i)re.sentthe  same  within 
tlu'  time  limited,  the  court  summoning  him  with  two  of  his  <'rew,  noti- 
fies that  his  silence  is  received  as  a  mark  of  compliance,  and  that  the 
condenuiation  is  Just. 

vSkc.  ■»().  In  this  case  tluM'ourt  comes  to  its  tiual  decision,  which  on 
the  following  day  is  conuuunic^ated  to  the  whole  crew  of  the  foreign 
vessel,  who  shall  sign  all  and  every  one  that  such  sentence  has  been 
made  known  to  them,  after  which  the  (;onunauder  of  Kaintchatka  is  to 
carry  the  sentence  of  the  court  iuti>  execution,  as  will  be  explained 
hereafter. 

Hkv.  r»l.  Should,  however,  the  master  deliver  within  the  time  limited 
his  ju'otest,  then  the  court,  examining  it  with  all  possible  impai-tiality, 
shall  call  f(U'  all  further  explaimtions,  and  having  inserted  the  wlnde 
int<)  the  Journal  of  the  court,  shall  pass  a  final  sentence  and  pron(Uinco 
it  as  stated  in  se<^tion  47. 

Hkc.  52.  If  by  sentence  of  the  <!ourt  the  arrested  vessel  be  released 
and  adjudged  to  receive  da nuiges  for  her  detention,  and  if  the  vessel  has 
be«'n  .arrested  by  any  of  the  Company's  ofticers,  and  the  damages  are  not 
above  five  thousand  rubles,  the  conunander  of  Kamtchatka  shall  demand 
immediate  i)ayment  of  said  sum  from  the  oftice  of  the  Russian  Ameri- 
can Company,  but  if  the  danniges  exceed  the  sum,  he  is  to  notify  it  to 
the  Comi)any'8  office,  and  give  tc  the  foreign  master  a  certificate;  but 
the  mcHiey  can  not  be  paid  by  tiie  Company  otherwise  than  after  the 
ins))ection  and  resolution  of  its  c(mrt  of  direct<n's.  If,  on  theother  hand, 
the  foreign  vessel  has  been  detained  unlawfully  by  a  Russian  man-of- 
war,  the  commander  of  Kamtchatka  \»to  pay  the  adjudged  damages,  (not 
ex<-eeding  the  sum  of  five  thousand  iiibles)  out  of  any  Government  sum, 
and  to  report,  in  order  to  incash  it  fnun  the  guilty;  but  if  the  danniges 
shoiihl  exceed  the  sum  of  five  thousand  rubles,  the  <;ommander  of 
Kaintchatka  is  to  furnish  acertiti<!ate  for  tiie  receipt  of  that  nuniey,  after 
the  regiilati(ui  and  continuation  of  the  Ilussiau  Groveriiment. 


!''! 


rKA.SE    OF    1821. 


23 


Si:<'.  ").'?.  Tiic  r«'iiMl)ursnu('iit  of  such  (liiiniigos  as  may  liavo  been  in- 
cni'U'd  by  unlawful  (letciitioii  sliall  lt(>oxa«'t«'<l  fioiu  tlu'conimandcr  and 
all  ot1u;t'VS(»f  tlie  man  of  war  wh<),  liavinpf  been  called  by  the  commander 
to  a  «;ouncil,  shall  have  given  their  opinion  that  such  a  shii)  ought  to  be 
detained. 

Sec.  r)4.  As  soon  as  a  foreign  ship  is  sentenced  to  be  <!onti seated,  the 
commander  of  Kamtchatka  is  to  make  the  arrangements  for  transport- 
ing the  crew  to  Oehotsk,  and  fiom  thence  to  any  (»f  the  jtorts  of  the 
Daltic,  in  order  to  enable  every  one  of  them  to  n'ach  his  own  country. 
With  the  contiseated  ship  and  cargo  he  is  to  act  as  witli  a  prize  taken 
in  time  of  war. 

Sec.  "iO.  After  this  the  commander  of  Kamtchatka  shall  order  a 
committee  to  value  the  vessel  and  her  cargo.  This  committee  is  to  be 
comjiosed  of  one  member  appointed  by  the  comman<ler  of  Kamtchatka, 
one  by  the  commander  of  the  maii-of  war,  and  a  third  by  the  Russian 
American  Com])any. 

Sec.  50.  These  <'omn)issioners  are  to  make  up  a  specitied  list  and 
valuation  according  to  the  foHowing  rules: 

(1)  All  provisions,  rigging,  iron,  powder, and  arms  shall  be  put  down 
at  such  prices  as  they  cost  (Jovernment  there. 

(li)  All  merchandise  which  might  be  used  in  Jvamtidiatka  and  the 
Company's  Colonies,  and  which  are  carried  there  at  times  fiimi  Kussia, 
shall  be  valued  at  their  prices  tluui  existing. 

(l\)  All  goods  which  are  not  imported  into  these  places  from  Kussia, 
but  are  wanted  there,  shall  be  valued  like  goods  l»rought  fi'om  IJussia, 
being  the  nearest  to  them,  and  in  pn)iK)rtion  to  their  wants. 

(4)  All  goods  not  in  use  at  Jvamtchatka  or  the  Colonies  shall  be  sent 
to  Irkutsk,  and  sold  at  public  auction  by  the  proper  autlunitics. 

Sec.  57.  The  said  commissioners  shall  present  their  valuation  to  the 
commander  of  Kamtchatka  for  his  approbation;  who,  in  case  of  not 
finding  the  same  exact,  shall  return  it  with  his  r«>marks,  and  shall  ap- 
point other  ofrtcers  to  inspect  such  articles  as  may  appear  unfairly 
valued. 

Sec.  5iS.  If  the  commissioners  heieafter  continue  in  their  opinion  and 
the  commander  of  Kamtchatka  tind  it  impossible  to  agree  thereto,  he 
shall  provisionally  consent,  and  leave  the  tinaldecisi(mto(l(tvernment. 

Sec.  59.  According  to  this  valuation,  the  connnander  of  Kamtchatka 
shall  mark  for  the  use  of  Government  all  those  articles  whi«'h  bethinks 
are  wanted;  the  remainder  is  left  at  the  disposal  of  the  officers  of  the 
ship,  or  of  the  llussian  American  Company.  The  seized  vessel  shall  be 
valued  by  the  court,  and  the  valuation  sent  immediately  to  the  Minister 
of  the  Navy,  with  a  report,  whether  such  a  vessel  is  wanted  for  (lovern- 
ment  service  or  not. 

Sec.  00.  The  whole  sum  of  valuation  of  the  contiseated  vessel  and 
cargo  is  to  be  divided  in  the  following  manner:  The  expences  necessary 
to  forward  the  ship's  crew  to  one  of  the  i)orts  in  the  lialtic  are  to  be 
deducted,  and  the  remaining  sum  divided,  if  the  vessel  has  been  taken 
by  the  linssian  American  Company's  otticers,  and  carried  to  the  port 
of  St.  Peter  and  Paul,  by  a  shij)  of  said  company,  without  the  inter- 
ference of  a  man-of-war,  into  tive  parts,  of  which  one  goes  to  Govern- 
ment and  the  remaining  four-fifths  to  the  American  Company.  If  the 
vessel  be  taken  hi  any  of  the  Company's  settlements  by  the  Company's 
ofiictrrs,  but  brought  to  the  port  of  St.  Peter  and  Paul  by  a  man of-war, 
after  deducting  (me  fifth  for  Government,  two  fifths  are  to  belong  to 
the  i'rew  of  the  man-of-war  and  the  remaining  two  fifths  to  the  Kussian 
American  Company;  and,  finally,  if  such  foreign  vessel  be  detained  by 
men-of-war  only,  without  the  assistance  of  the  Company's  oiHcers,  then, 


24 


IMTKRIAI.    UlISSIAN    KlUCTS. 


I 

■I,  .11 


''■if' 


«    ' 


:iiii' 


,;| 


■; 


II 


rli 


Hi 


I 


PI 


I  i 


Ht'trr  (ItMlucfiiiji' oiH' lil'tli  for  (loverniiH'iit,  tlie  I'tMiiaiiider  is  left  to  tlic 
ofliccrs  of  tlic  iiH'ii-of  Wiir. 

IJiit  if  (he  vessel  lie  taken  l»y  tlic  c(tiijniiit  lorees  <»rii  mun-nf-wsir  iiiid 
a  Compiiny's  vessel,  tlu'ii  the  |H'i/e  shall  be  divided  hetweeii  fheni  in 
juoportion  to  their  strenjith,  refjulating  tlie  same  aceordiny  to  the  mini- 
ber  of  guns. 

Skc.  (M.  The  sum  eomin};  to  the  oHieers  of  the  nuiii-of-war  shall  be 
divid»'d  aee(n'diii;i' to  the  rules  for  «lividiiig  prizes  in  time  of  war.  In 
.all  cases  otlit-ers  who  had  a  share  in  seizing  foreign  vessels,  eoiivi^-ted 
of  the  inteidion  of  infringing  the  lu-ivileges  most  graciously  granted  to 
the  Itussian  American  Company,  may  expecit  to  receive  tokens  of  His 
Imperial  Majesty's  approbation,  «'speeially  when  after  deducting  the 
expellees  for  conveying  the  crew  their  part  in  the  prize  money  should 
prove  but  triHing. 

Sec.  62.  If  a  foreign  vessel  detained  by  a  Uussian,  being  under  the 
command  of  a  Jtussian  olHeer,  should  be  vast  away  before  reaching  the 
port  of  St.  IVter  and  Paul,  the  following  principle  shall  be<>bserve«l: 

If  the  foreign  vessel  alone  be  lost  and  the  Uussian  accompanying  her 
arrive  at  the  port  of  St.  IVter  and  Paid,  then  the  court  acts  according 
to  the  foregoing  rules  to  determine  whether  the  vessel  was  lawfully 
seized.  In  this  case  (rovernmeut  takes  upon  itself  the  expeiices  of  con- 
veying to  a  port  of  the  Baltic  such  of  the  ship's  <'rew  as  were  saved. 
Put  if  such  vessel  should  not  be  inuv^d  to  have  bt'eii  detained  lawfully, 
then  independent  of  those  expences  the  ship  shall  be  valued  and  such 
valuation  forwarded  to  (iovernnieiit  for  the  payment  of  what  may  be 
«leenied  Just;  at  the  same  time  investigations  shall  be  made  on  the  loss 
of  the  vessel;  and  the  otticer  that  had  tln^  command  (if  saved)  is  to  be 
tried  according  to  the  maritime  rules  and  regulations. 

Sec.  03.  The  Commander  of  Kamtchatka  is  bound  to  make  a  special 
repcu't  to  the  (Jovernor-Creneral  of  Siberia  resi>ectiiig  every  circum- 
stance hapi)eniiig  to  foreign  vessels,  annexing  copies  of  all  documents, 
journals,  and  sentences  of  the  court  and  of  all  papei'S  rehiting  there- 
unto. 

The  original  is  signed: 

COI'NT   D.  GUKIEF, 

Minister  of  Finances. 


CHARTJEiR  OF  1821.' 

Sceoufl  ehorter  of  the  littfisian  Anurivan  Company. 

Signed  in  the  original  by  His  Imperial  Majesty's  owu  hand  thus: 
Be  it  acconlingly — 

ALEXANDER. 
PORKHOF,  Scptemher  13,  1821. 

PRIVILEGES  OR  ANTED    TO    THE   RUSSIAN  A:\rEKICAN  COMPANY    FOR  A 
PERIOD  OF   TWENTY    YEARS   FR03I  THIS  DATE. 

The  following  rights  are  most  graciously  conferred  upon  the  Compa  iiy : 

I. 

The  (Company  established  for  carrying  on  industries  and  trade  on  the 
mainland  of  Northwest  America,  on  the  Aleutian,  and  on  the  Kurile  Is^ 


'For  Rim»iaii  text  sco  Tikliuieiiiel",  vol.  i,  a^tp.,  p.  -11. 


J 


■f 


•rfp 


CHARTER   OP   1821. 


B6 


the 
■e  Is^ 


lands,  remains  Ji8  heretofore  uinler  the  highest  protection  of  Ills  Impe- 
rial Miyesty. 

II. 

It  enjoys  the  privilege  of  hnnting  and  lishing,  to  tlie  exclusion  of  all 
otiier  liussian  or  foreign  subjects  throughout  the  teiiitories  long  sint^e 
in  tiie  possession  of  Uussia  on  tin*  «'(»asts  (►f  North\v»^st  America,  begin- 
ning at  the  nt)rthern  point  of  the  island  of  Vancouver,  in  latitude  ">1 
north,  and  extending  to  llering  Strait  and  beyond,  as  well  as  on  all 
ishunls  adjoining  this  coast  and  all  those  sitiuite«l  between  this  coast 
and  the  eastern  shore  of  Siberia,  as  well  as  on  the  Kurile  Islands,  where 
the  Company  has  engaged  iu  hunting  dowu  to  the  south  cape  of  the 
Island  Urupa,  in  latitude  45°  50'. 

III. 

To  enjoy  ami  use  all  that  has  been  found  or  discovered  within  the 
limits  of  thelocalith's  described,  on  the  surface  as  well  as  in  the  bowels 
of  the  earth,  and  all  that  they  may  hereafter  discover,  regardless  of  any 
claims  advanced  by  others. 

IV. 

To  make  new  disc(»veries  beyond  the  linuts  defined  ab()ve;  and  such 
newly  discovered  hn-alities,  if  they  have  not  been  jueviously  occupied 
or  taken  possession  of  by  other  Kuropean  nations  or  subjects  of  the 
American  United  States,  may  be  occupied  by  the  Company  as  Kiissian 
possessions;  but  no  permanent  settlements  must  be  established  there 
without  highest  permission. 

V. 

The  Company  is  permitted  to  establish  in  the  future,  as  necessity  may 
lequire  or  its  interests  may  denmnd,  witliin  the  limits  nu'utioned  in  sec- 
tion 11,  new  settlements  and  fortifications  to  protect  siu'h  settlements,  (u- 
to  extend  and  improve  original  settlements,  dispatching  to  those  regions 
ships  with  goods  and  reenforcements  of  men  without  interference. 

VI. 

In  order  that  the  Company  alone  may  enjoy  the  exclusive  rights  be- 
stowed upon  it,  and  to  ])revent  in  the  future  any  molestation  or  disturb- 
ance on  the  part  of  Russian  subjects  or  foreigners,  rules  and  regulaticms 
have  been  established  indicating  how  to  proceed  with  those  who  either 
intentionally  or  by  accident  violated  the  prohibition  against  visiting  the 
regions  contained  within  the  limits  described  in  section  ii  of  these 
I)rivileges.  Therefore  these  rules  must  be  strictly  observed  both  by  the 
Company  and  by  the  oflicials  concerned. 

VII. 

To  carry  on  intercourse  by  sea  with  all  adjoining  nations  and  to  trade 
with  them  with  the  consent  of  their  respective  governments,  excepting 
with  the  C!hinese  Empire,  the  shores  of  which  must  not  be  visited  by 
the  Company's  ships.  Care  must  also  be  taken  that  the  Company's 
ships  do  not  engage  in  any  traflic  with  other  nations  or  in  any  other 
intercourse  prohibited  by  their  respective  governments. 


1 4 


M 


mm 


ii-&> 


li  p 

I" 


1:1!; 


ii'fii; 
h  I  jij! 


i.i.i 


';'i«iiif" 


i,  i; 


i  r 


IMPERIAL   RUSSIAN    EDICTS. 
VIII. 


Tlio  board  of  iuliiiinistratioii  of  tlie  Ivii.ssiaTi  Ainoricnn  rompaiiy  is  to  ho 
rucofTiij/tiil  ill  all  cuiiitsof  law  as  bciii^  iiitniHtcd  with  the  inatia^reincnt 
of  tln'  Company's  urtairs,  and  il\suit8  aiv  InouKl't  in  c()nits  ofjnstico  in 
connection  with  its  bnsincss  it  must  not  be  done  in  the  name  of  any 
individual  partner  of  the  company,  but  iu  that  of  the  board  of  ad 
ministration. 

IX. 

Having  intrusted  to  tbe  nuinaj>ouient  of  the  Oomi)any  so  vast  sin  ex- 
tent of  country,  with  considerable  niunbers  of  iiduibitants,  in  order  to 
enable  it  to  carry  out  more  ctlectively  the  object  of  the  (Government 
th(^  followiu};'  special  privih'f;es  are  jiranted  to  its  employes  in  all  its 
interior  an«l  coast  stations  and  a};eiu*ies,  whether  manajiers,  bookkeep- 
ers, cashiers  and  their  assistants,  supercar}>oes,  ship's  ch'rks,  or  others: 

(1)  To  the  chief  manager,  on  his  assumption  of  the  duties  of  the  jjost, 
are  extended  the  privile}>es  granted  by  the  ukase  of  March  21,  1810. 
delining  the  status  of  olllcials  in  the  government  of  Siberia,  provided 
he  hold  rank  in  the  military  or  civil  servi^'e  of  the  Empire. 

(2)  All  oflicials  who  are  entitled  to  enter  the  service  of  the  Company 
under  the  provisions  of  the  ukase  of  April  0,  1802,  are  considered  as  in 
active  service  in  regard  to  lewanl  and  promotions,  with  the  exception 
of  such  grades  as  are  conferred  only  by  reasonof  seniority  or  continued 
service  with  a  special  comnnind.  They  are  also  entitled  to  half  pay  and 
to  military  servants  umler  the  jjrovisions  of  the  same  reipiirement. 

(3)  Oflicers  or  otticials  who  have  b«'en  retired  prior  to  entering  the 
Company's  service  retain  their  original  rank  and  are  to  be  considered 
in  every  respect  as  in  active  service.  This  right  is  also  extended  to 
th«)se  who,  since  the  grant  of  highest  privileges  in  the  year  179!>,  have 
entered  the  Company's  service  in  various  capacities.  All  individuals 
beh)nging  to  classes  entitled  to  enter  the  Imi)erial  service,  but  who  have 
not  i)reviously  held  any  rank,  will,  after  two  years'  service  with  the 
Company,  receive  the  rank  of  collegiate  registrar  upon  due  application 
by  the  board  of  administration;  the  succeeding  grades  to  be  obtained 
by  continued  service  under  the  provisions  of  general  laws.  On  leaving 
the  service  these  individuals  will  retain  their  rank  only  when  they  have 
served  five  years  and  have  been  recommended  by  the  board  of  admin- 
istration as  worthy  and  efficient.^ 

•  «»#«#• 

XVII. 

The  Russian  Am(>tl<'V»a  Company  is  most  graciously  permitted  to 
load  the  ships  dispatciied  from  Kronstadt  aroujid  the  world,  and  from 
Okhotsk  to  our  colonies,  both  with  Russian  products  and  with  foreign 
goods  upon  which  duty  has  been  paid;  also  to  unload  the  ships  return- 
ing from  the  colonies  with  cargoes  of  furs  and  other  products  without 
detention,  upon  declarations  made  at  the  custom-house  at  Kronstadt  by 
the  board  of  admiinstration  and  at  Okhotsk  by  the  agent  stationed 
there.  On  shipping  such  cargoes  from  one  Russian  port  to  another  no 
duties  shall  be  coUec^ted  unless  a  special  internal  tax  on  furs  be  estab- 
lished hereafter  by  law. 

'  Sections  x-xvi  contain  regulations  relating  only  to  internal  management;  and 
have  therefore  been  omitted  iu  this  translation. 


i 


Byt 

Autoci' 

Asw 

our  En 

our  liiq 

°?^^^^H 

veiy  to 

august 

-'^'^^^^B 

its  exis 

Pi'ogres 

of  cuniii 

erable  ii 

Wish 

''4i!^^^K 

common 

J/IB^^H 

sian  An 

i"gby  t 

^J^H 

lieges  gi 

'^I^^H 

1821,  wc 

(1)T1 

'  ■ 


■I 


CONUKMATION    OF   CIIAUTiai    OF    1821. 
XVIII. 


27 


Altlioii;ili  it  i,s])r(>liil>iti^d  by  liij^lu'st  iikasc  to  cut  Oovornmcnt  timber 
witlioiil  Uic  pcrmisNion  of  tlic  loirstry  oHiciiils.  tlic  Compiiiiy  is  per- 
iiiittcd,  in  vi«\v  <>l  tlic  n'liiott'iit'ss  of  tlic  OkliolsU  «listri«'t,  when' much 
tiiiiltcr  is  iuhmUmI  tor  rrpnirs  aii<l  sometimes  lor  tlic  coiistnictioii  of  new 
sliips,  to  tiikv  tiiiilu'i-  IVom  this  (listri<'t  from  the  most  eonveiiieiit  locali- 
ties. It  miisi,  however,  immediately  inform  the  local  fon^stry  authorities 
of  the  place  where  the  timber  was  cut,  and  of  its  quantity  antl  quality. 

XIX. 

For  sliootiiifj  animals,  for  marine  sij-iials,  and  for  cases  of  unforeseen 
necessity  on  the  mainlaml  of  America  and  on  the  islands,  the  Company 
may  imrchase  annually  for  cash,  at  established  prices,  from  the  Irkutsk 
Impei'ial  Aitillery  Arsenal,  from  40  to  S(»  pouds  of  powder,  and  from 
the  Nerchinsk  Lead  Works  2i){\  pouds  of  lead. 

XX. 

In  order  to  secure  freedom  of  action  and  safety  to  the  oi)erations  of 
the  Company  within  its  lawful  sphere,  all  buildinj's  o<'«'Upied  as  its 
otlices  or  stations  ar«^  exempt  from  the  •luarterinj'  of  soldiers. 

In  conclusion  of  these  privileges  <;ranted  to  the  liussian  American 
Company,  all  civil  and  military  authorities  and  c  urts  of  Justice  are 
heieby  enjoined  not  only  not  to  hinder  or  restrain,  but  in  case  of  any 
event  from  whi<'h  loss  or  injury  may  result  to  the  Ctmipany,  to  give  to 
it  every  assistance  and  protection  upon  the  simple  re([uest  of  the  board 
of  administration  or  its  subageuts. 

Count  I).  Gurief, 
Minister  of  Finance. 


CONFIRMATION  OF  CHARTER  OF  1821. 

Imperial  charter yranted  to  the  l\'it.<tsi<(n  American  Company, — Confirma- 
tion of  its  riffhts  and  privileges. 

By  the  helping  grace  of  God,  we,  Nicholas  the  First,  Emperor  and 
Autocrat  of  all  the  Kussias,  etc.,  etc.,  etc. 

As  we  regard  as  an  object  of  our  particular  care  the  development  in 
our  Enipire  of  every  kind  of  industry  and  commerce,  we  have  turned 
(mr  Imju'rial  attention  to  the  Russian  American  Company.  Since  its 
very  foundation  it  has  been  favored  with  the  protection  of  our  most- 
august  late  father  and  brother,  and  during  the  twenty-eight  years  of 
its  existence  it  has  -steadily  pursued  its  object,  has  cooperated  in  the 
progress  of  navigation,  has  opened  to  our  subjects  new  and  rich  sources 
of  conunerce  and  industry,  and  has  brouglit  to  its  shareholders  consid- 
erable pro  tits. 

Wishiug  to  shoAV  our  august  benevolence  towards  this  instituti(m  of 
common  i)rotit  and  to  give  it  a  firm  and  stable  basis,  we  take  the  Rus- 
sian American  Company  under  our  immediate  protection,  and  confirm- 
ing by  the  force  of  this,  our  imperial  charter,  the  rules,  rights,  and  priv- 
ileges granted  to  the  Company  by  the  supreme  ukase  of  September  13, 
18lil,  we  order: 

(1)  That  the  Comi)any  whicli  was  founded  for  industry  on  the  main- 


I 


]. 


■  It 

:  ill  I 

;  III  III 

^  r' 


liSli 


iil'lii 


m 


.  I  ii' 


28 


IMPERIAL   RUSSIAN   EDICTS. 


land  of  North  Amcricii,  011  the  AhMitiaii  Ishuids,  aiul  on  the  Kiuilo  Is- 
lands and  in  all  parts  of  the  Northeastern  Sea  .shall,  nn<l<'r  (nir  snineiiie 
patronajje,  be  <'alled,  as  before  the  llnssian  American  Company., 

(2)  The  limits  of  naviji'ation  and  indnstry  of  tlie  Company  are  deter- 
mined bv  the  treaties  ('onchuh'd  with  the  United  States  of  America 
April  5,  (17)  1824,  and  with  Enjiland  February  1(»,  (28)  1825. 

(3)  In  all  the  i»laees  allotted  to  Kussia  by  these  treaties  there  shall 
be  reserved  to  the  Comi)any  the  ri<>ht  to  i)rolit  by  all  the  fur  and  tish 
industries,  to  the  exclusion  of  all  other  lUisslan  subjects. 

(4)  The  part  that  neijihboriny'  nations  may  take  in  these  industries, 
as  well  as  the  nature  of  the  coast  relations  with  the  Russian  American 
Company,  shall  remain  on  the  basis  of  these  same  treaties  until  new 
rules  siiall  be  published  on  thi.i  subject. 

(5)  All  the  advantages  and  rights  conceded  to  Kussia  by  these  treaties 
are  giauted  to  the  Company,  on  which  is  also  i!ni)osed  the  strict  fulfill- 
ment of  all  the  mutual  oblifi'ations  of  Ifussia  stii>u]ated  in  these  treaties. 

(0)  The  internal  administration  of  the  affairs  of  the  Company,  its 
relations  totlie  (Jovernment,  the  personnel  and  the  duties  of  the  sui>i  eme 
council  of  the  chief  administration  of  the  directors  of  the  Colonies,  of 
the  local  ajicncies,  and  of  the  shareholders  shall  remain  on  the  basis 
of  the  rules  of  September  i;?,  1821. 

(7)  All  the  articles  of  these  rules  and  of  tlu'  privilef>es  published  t<.- 
gether  with  them,  which  are  not  limited  by  the  aforesaid  treaties,  and 
which  are  not  contrary  to  tln^  ukase  of  October  14, 1827,  concerning  en- 
trance into  service,  shall  remain  in  full  force  and  vigor  in  their  full 
extent  and  for  the  whole  time  for  which  they  were  granted  to  the  IJus- 
sian  American  Comjianyby  our  most  auji'.iist  brother,  the  late  Empreror 
Alexander  the  First. 

In  conclusion  of  this  our  Imperial  chartt'r,  we  order  all  our  military 
and  civil  authorities  and  all  our  (lovernnient  officers  not  only  not  to  pre- 
vent the  Hussian  American  Comp.my  l'i')m  availing  itself  of  these  rules 
and  privileges  granted  to  it  by  us,  but  in  case  of  need  to  forewarn  it  of 
any  damage  or  harm  which  may  come  to  it,  and  to  render  all  legal  as- 
sistance and  protection  tt>  its  board  of  administration. 

For  the  greater  force  of  this  charter  which  we  have  grante<l,  we  have 
signed  it  with  our  own  hand  and  haveorderedit  to  be  str«'ngthened  by 
the  atlixing  of  our  seal  of  the  ICnipii'e. 

Published  by  the  Senate,  March  2!)  (April  10),  182U. 


"!  f 


hi" 


V. 


'-  [II 


;  .  ,i!i; 
I'll 


^'l!l 


CHARTER  OF  1844.i 

Third  Charter  of  the  Kitssian  American  Company. 

On  the  original  is  written  in  His  Imperial  Majesty's  omu  hand: 

"  Be  it  thus." 

Gatchimi,  October  10,  1844. 

RIGHTS  AND  PRIVILEGES  OF   THE  OOMPANT. 

Seo.  1.  The  Hussian  Anu-rican  Comitany,  established  for  trading  on 
the  continent  of  Niuthwestern  America  and  on  the  Aleutian  and  Ku- 
riles  Islands  as  in  every  part  of  the  Northeastern  Sea,  standsunder  the 
Highest  prote<ition  of  llis  Imperial  Majesty. 

I  ^'"lilted  back  to  tlie  year  1«42.  For  RiisHiuti  text  see  Tikhmeuief,  vol.  11,  first  ap- 
peuilix,  [>.  U. 


CHARTER    OF    1844. 


n 


I  by 


st  np- 


Sec,  L'.  The  limits  of  tlieiiavijiiitioii  ainl  triidc  of  the  Company  on  tlic 
siioiT  of  tliccMtntiiicnt  and  on  tlic  islands  of  Nortliwcstcrn  America,  aic 
w  itliin  the  foilowinj;'  line  of  dcnnircation  between  llnssia,  Knjiland.  and 
America:  ('omini'ncin<;'  with  the  soutliernmost  jioint  of  tlie  Islaml  (»f 
Prince  of  Wales,  which  jtoint  is  situated  at  54^  4(»'  north  latitude  and 
between  1.">1°  and  l.'».'P  west  longitude  (reckoninj;'  from  the  meiidian  of 
(ireenwich),  the  above  line  runs  northward  along  the  straits  named 
I'ortland  <  'hannel  to  that  poi:"t  of  the  uniinia  nd  where  it  touches  the  odth 
degree  of  north  latitude.  Hence  tiie  line  ol"  demarcation  f(»llows  the 
ciest  of  the  mountains  which  stretch  in  a  direction  parallel  with  the 
coast  to  the  crossing  at  the  141st  degree  of  west  longitude  (from  tiu"; 
same  meridian),  and  tinally,  fnun  this  point  of  intersection,  tiie  same 
meridian  of  the  141st  degree  constitutes  in  its  extension  to  the  Arcti<t 
Sea  the  boundary  of  the  Russian  I*ossessi<mson  ihe  continent  of  Noith- 
western  America. 

Sec.  3.  In  all  places  annexed  to  Russia  by  the  above-mentioned  de- 
liniitiition  there  is  granted  to  theC<»inpany  the  right  to  carry  (»n  the  fur 
and  fishing  industries  to  the  exclusion  of  all  Hussian  subjects. 

Se<;.  4,  The  Company  is  permitted  to  hold  and  use  all  things  hereto- 
fore fouiul  and  hereafter  t<)  be  found  in  those  plac(!s,  as  well  on  the 
surface  as  in  the  bowels  of  the  earth,  without  regard  for  any  claim 
tlieret<»  on  the  i)art  of  others. 

Sec.  5.  The  Comi)aiiy  is  allowed  in  future  according  to  necessity  and 
its  best  Judgment  within  the  limits  desigMiiled  in  Sec.  2,  wherever  it 
may  be  found  necessary  to  establish  new  settlements  and  fortifications 
lor  safe  habitation;  and  those  formerly  estiiblislied  may  be  extende<l 
and  improved,  the  Oom])any  being  allowed  to  send  to  those  regions 
vessels  carrying  men^handiseand  laborers  without  any  let  or  hindrance. 

Sec.  (».  The  Compauy  is  authorized  to  send  its  v<'ssels  to  all  neigh- 
boiiiig  nations  and  to  trade  with  tlu'in  with  the  consent  of  their  respec- 
tive (lovernments.  The  Company  is  also  authorized,  i'  -t  so  desires,  to 
send  its  vessels  for  commercial  intercourse  to  tlu^  Cldiuse  jtorts  of  Can- 
ton, Amoy,  Fouchowfou,  Xyn])ofou,  and  Shanghai,  on  condition,  how- 
ever, that  these  vessels,  in  view  of  Section  L'.'JIt.'J  of  the  Customs  Laws 
(C(Hle  of  Laws,  Volume  (I,  edition  l''^42),  will  in  no  case  carry  opium  to 
China  for  sale. 

Sec.  7.  All  Covernment  institutions  shall  recognize  the  board  of 
administration  of  the  IJussian  American  (^'ompany  as  an  institution 
established  for  the  management  of  the  Company's  attairs,  and  any  de- 
mands of  Government  institutions  rehiting  to  matters  within  the  Juris- 
diction of  the  Comjtany  shall  be  addressed,  not  to  any  ])erson  or  member 
of  the  Coni|»any,  but  to  the  said  boaid. 

Sec,  8.  With  a  view  of  atlbrding  to  the  Comi>any  the  giM'atest  possi- 
ble assistance  in  carrying  out  the  aims  of  tlie  <Joverninent  which  in- 
trusted to  tlie  Comi)a"y  so  vast  an  extent  of  territory  with  a  consider- 
al'le  population,  the  emph)yes  of  the  Company,  of  tiie  ranks  speciiied 
in  the  table  hereto  annexed,  are  most  grai'iously  granted  the  following 
privileges : 

1.  Those  of  the  empU)yes  who  belong  to  the  States  having  t'le  right 
of  entering  iiit<»  (roverment  service  while  emi*lcyed  exclusively  in  the 
service  of  tlu^  Coinjiany,  are  considered  as  being  actually  in  the  Gov- 
ernment service,  and  enjoy  tht^  right  of  being  itronioted  to  ranks  and 
M-earing  the  unif(uni  of  the  Ministry  of  Fimince.  The  (uder  of  jiro- 
niotion  for  them  is  the  g<'iieral  civil  order  according  to  the  rank  and 
right  of  eiU'li  of  the  employe's.  The  i)romotion  in  rank  is  made  on  the 
recommen«latio:i  oi   the  board  of  acbninistration  to  the  Minister  of 


.'^r 


"ir 


1!:  ''1 
'^l  ^  ill 

lllii: 
i«    liljll 

1 

III'  ii  1 

do 


IMPERIAL   RUSSIAN   EDICTS. 


m 


'■;»|!^;v 


Fiiiiinco,  who  m  tlie  ease  of  metlical  employes  of  the  civil  branch  must 
confer  witli  tlie  Minister  of  Interior  Affairs. 

ti.  As  the  Conqtaiiy  enjoys  the  riyht  to  invite  and  receive  into  its  serv- 
jce  from  otlier  branches  of  the  Government  officers,  noncommissioned 
oliicers,  sailors,  cannoneers,  medical  employes,  and  assistant  surgeons 
for  employment  on  board  the  vessels  sailing  from  Russia  to  the  Colo- 
nies, as  well  as  in  the  Colonies  themselves,  and  at  Okhotsk,  therefore 
these  i)ersons  while  in  the  temporary  service  of  the  Company  are  con- 
sidered to  be  in  acHve  service  with  regard  to  all  recompenses,  excsept 
ranks  to  which  ])roniotion  is  made  according  to  seniority  upon  reconi- 
nu^ndations  from  their  actual  superiors.  The  otticers  preserve  one-half 
of  tlieir  salary  and  the  right  to  the  servii'cs  of  an  orderly.  The  medi- 
cal employes  of  the  civil  branch  are  conftrmediu  the  Company's  service 
by  the  Aiinistry  of  Interior  Alfairs. 

3.  Retired  employes  of  the  Government,  when  entering  into  the  employ 
of  the  Company,  preserve  their  rank, as  a  general  rule,  and  are  con.^'ii- 
ere<l  to  be  in  actual  service,  enjoying  all  the  privileges  above  enumer- 
ated in  paragraph  1. 

4.  The  employes  oi  the  ('ompany  from  classes  not  having  the  right 
to  enter  into  Government  service  enjoy  the  privileg<'s  of  the  classes 
pertaining  to  their  oftices;  but  in  retiring  from  the  s<'rvice  of  the  Com- 
l>any  before  ten  years  return  to  their  original  status. 

o.  Those  of  the  em])loyes  who  shall  have  served  ten  y.  ais  v-iii)  spe- 
cial benefit  to  the  Company  are  granted,  npon  recommeti (}!<:••«  <  i  the 
board  on  being  relieved  from  the  service  of  the  Conipany,  y..  ;s./,  ;,i  non- 
orable  citizenship,  up(Mi  transfer  from  the  original  class,  and  in  case  of 
l»arficular  deserts  the  board  of  administration  of  the  Company  is  au- 
thoiized  to  solicit  the  granting  of  hereditary  honorable  citizenship. 

Sec.  9.  Governmeni:  employes  while  in  tlie  service  of  the  C'empany 
l^i'cserve  the  right,  if  they  afterwards  continue  in  the  service  of  the 
Government,  to  have  their  service  in  the  Comi)any  counted  with  regard 
to  pensions  and  orders  of  distinction  for  unimpeachable  service.' 
*  *  *  *  *  #  # 

Sec.  1<».  The  vessels  sent  bj'  the  Company  from  Cronstadt  around 
the  world,  from  Okhotsk  and  other  Russian  ports  to  the  Russian  col- 
onies may  be  loaded  with  Russian  products  as  well  as  with  foreign 
goods,  having  once  paid  customs  duty,  and  the  vessels  returning  from 
such  colonies  with  cargoes  of  furs  and  other  merchandise  and  products 
may  be  discharged  without  detention  upon  declarations  made  by  the 
board  of  administration  at  the  custom-himses,  and  at  the  itort  o' 
(Jkliotsk  uiton  declarations  from  the  Company's  local  oflit^e  to  the  c  iS- 
toms  antln)rities  of  that  i»lace.  Inasmuch  as  all  said  merchaiidise  is 
being  carried  from  one  Russian  ])ortto  another,  it  is  not  subject  to  cus- 
toms duties  or  any  other  duties  unless  the  furs  are  subjected  by  special 
law  to  an  internal-revenue  tax. 

Seo.  17.  In  consideration  of  the  remoteness  of  the  province  of  Oc- 
hotsk,  where  the  necessity  arises  for  the  repair  and  sometimes  for  the 
building  of  vessels,  the  Company  ispermittiMl  to  take  in  said  province 
the  necessary  timber  from  convenient  places,  ]m)vided,  however,  tlnit 
the  Company's  office  at  Okhotsk  shall  immeduvtely  inform  the  h)cal  for- 
estry authorities  of  the  place  seleeti'.'  ibr  the  cutting  of  tind)er  ajid  of 
the  (luantity  and  ([uality  of  the  timber  cut. 

Sec.  18.  F(U'  the  shooting  •►f  animals,  for  maritime  signals,  fu    •  sc 

I  Soctions  10-15  eontaiii  n'Kulations  rcliitiii};  only  to  iutermil  mauatj<;iueut,  ftii:! 
bnvi;  tliei'ofui'o  beou  oniittetl  in  this  truuslatiou. 


CHARTEK    OF    1841. 


31 


arming  Of  vessels,  ports,  and  redoubts,  aud  for  otiier  uses  on  the  con- 
tinent and  islands  <,f  A.aer.ca,  tl.e  Company  may  receive  for  cash  from 
the  stores  ot  the  port  o  Cronstadt,  gunpowder,  caui.on,  ammnni  IT 
and  other  artillery  munitions  which  can  not  be  acqnirec  by  i  re  s,? 
n  the  colonies.  All  these  artich-s  will  be  furnished  to  the  (NnZ^,  v  it 
the  prices  paid  by  the  Xavy  Department  with  the  ad.lition  <  f  lO^ncr 
cent  tor  the  maintenance  <.f  magazines.  At  times  when  th  tc  iVno 
communication  by  sea  between  St.  Petersburg  and  the  Coh„  ics  t  e 
Company  may  receive  annually  on  the  above-stated  terirfX  4(»  to 
80  pounds  ot  gunpowder  from  the  (iovernment  artillerv  st.>re  situ  w 
t^a^S;x^h;!iS""'  '''  ^"'""'  ''  ^•^"^  ^romthesm4iSg:;^lbll^;' 

iu^TJ'h  ^°.  '*'''*''■  *"  '®.V"r  f'ee'lom  of  acti..u  and  safety  in  the  oinna 
tionsof  tiie  Company,  all  the  premises  occupied  by  its  offlceran  pv 
emptcd  from  military  occupation.  ^  "^  ^^' 

Sec.  20   As  the  capital  of  the  Company  attbrds  ample  securitv  fnv 

quests  of  the  board  of  administrati.m  and  its  sub,)rdii .■  te<      nf     t  .f  i 

SEC.  22.  Ihe  rights  and  privileges  granted  to  the  Comn-mv  «i...ii  i  ^ 
m  force  for  twenty  years,  rcckoni,;^  irom  the  1^<;;  Jan^;;;;;;;^  ^!;:^^ 

viSlihl^t  t[r"  "'"^  ^'''''"^  '^^■•^^'^  "*■  ^'""^  **'^"^-ter  all  previous  i.rovisions 
lelating  to  the  Company  are  repealed,  and  will  i)res(!rve  their  force  m.K 
as  to  matter,  arising  before  the  promulgation  oV  the  conJlltutZ.        ^ 


I  iS: 


n 


m 


TREATIES. 


CONVENTION  BETTVEEN   GREAT   BRITAIN  AND   SPAIN. 
AT  THE  ESCURIAL,  OCTOBER  28,  1790. 


SIGNED 


14; 

A    I  w 


[Trnuslatiini,  as  laiil  bfl'orc  rarliaiiit'ut.] 

Their  Bi'itaiiuiir  and  Catliolic  Majesties,  beiiij;'  tlesinuis  of  terminat- 
iii^i',  by  a  sjicedy  and  solid  aj;TeoMient,  the  ditt'crenees  whieh  have  lately 
arisen  Ix'twevOu  the  two  ('rowns,  have  Jnd,iied  that  the  best  way  of  at- 
taininji'  this  salutary  object  would  be  tliat  of  an  a niieable  arrangement, 
which,  "ttiuji!"  aside  all  retrosi)octive  discussion  of  the  rights  and  pre- 
tension •  two  parties,  should  (i.\  tlieir  respe<'tive  situation  for  the 
future  on  ■  -is  conformable  to  their  tru»(  interests,  as  well  as  to  the 
nuitual  desi.  with  which  their  said  Majesties  are  aninnited,  of  estab- 
lishing with  each  other,  in  everything  and  in  all  i>laces,  the  most  per- 
fect friendship,  harmony  and  good  correspondence.  In  this  view  they 
have  named  and  constituted  tor  their  IMenipotentiaries;  to  wit,  on  the 
part  of  His  Hritannic  Majesty,  AUeyne  Fitzherbert,  Esq.,  one  of  His 
said  Majesty's  Privy  C<mncil,  in  (Ireat  Hritain  and  Ireland,  and  His 
Ambassad(U'  Extraordinary  and  LMenipotentiary  to  His  Catholic  Maj- 
esty; and,  on  tlie  part  of  J  lis  Catholic!  Majesty,  Don  Josejih  IMonimo, 
Count  of  Floridablanca,  Knight  (Irand  Cross  of  the  Koyal  Si)an';-.'a 
Order  of  Charles  III.,  Councillor  of  State  to  His  said  ^fajesty,  and  His 
Principal  Secretary  of  State,  and  of  the  Dispatches:  who,  after  having 
comnuinicated  to  each  other  their  respective  full  Towers,  have  agreed 
upon  the  following  articles: 

I.  It  is  agreed  that  tiie  buildings  and  tracts  of  land,  situated  on  the 
north-west  coast  of  the  continent  <)f  Xcnth  America,  or  on  Islamls  ad- 
jacent to  that  continent,  of  which  the  subjectsof  His  Britannic  Majesty 
were  dispossessed,  about  tlu^  month  of  April,  1781),  by  a  Spanish  olificer, 
shall  be  restored  to  the  said  British  subjects. 

II.  And  further,  that  a  just  rei)aration  shall  be  made,  acc<u'ding  to 
the  nature  of  the  case,  for  all  acts  of  violeiu'e  ov  hostility,  which  may 
have  been  committed,  subsequent  to  the  nutnth  of  April,  178D,  by  the 
snbjects  of  either  of  the  Contracting  Parties  against  the  subjecits  of  the 
other;  ami  that,  in  case  any  of  the  said  resjiective  subjects  shall,  since 
the  same  period,  have  been  forcibly  disp(»ss«'d  of  their  lamls,  buildings, 
vessels,  merchaiuli/e,  or  other  property,  whatever,  on  the  said  cimtinent, 
or  on  the  seas  or  islands  adjacent,  they  shall  b»!  re-established  in  the 
possessiim  thereof,  or  a  just  compensation  shall  be  made  to  them  ftn-  the 
losses  which  they  shall  have  sustained. 

III.  And,  in  <u'der  to  strengthen  the  bonds  of  friendship,  and  to  pre- 
serve in  futiu'e  a  perfect  harnntny  and  good  understanding  betv,'een  the 
I  wo  Contracting  I'artu's,  it  is  agreed  that  their  respc'ctive  subjects  shall 
not  be  (listurbed  or  molested,  either  in  navigating  or  carrying  on  their 

32 


GREAT    HRITAIN    AND    SPAIN,  1790. 


33 


His 
,ing 
feed 

the 
ad- 
esty 
licer, 

to 

may 

the 

if  the 

since 


fisheru's  in  the  PiU'ilie  Ocenn,  or  in  the  South  Seas,  or  in  landinjr  on  tlie 
<-oasts  of  those  seas,  in  places  \w{  already  occupied,  for  the  purpose  of 
canyinfiOM  their  conniien'e  with  the  initives  of  the  country,  orof  niakin^j^ 
settieinents  there;  the  whole  subject,  nevertheless  to  the  restrictions 
and  provisions  si»ecilied  in  the  thi-ee  foUowinj;  Articles. 

IV.  llis  Britannic  Majesty  enj>ayes  to  tak<'  the  most  elfectual  meas- 
ures to  pn'ventthe  navij^ation  and  tishery  of  His  subjects  in  the  I'acilic, 
Ocean,  or  in  the  South  Seas,  from  beinj;'  made  a  pretext  for  illit'it 
tra<le  with  tlu^  Si»anish  settlements;  and,  with  this  view,  it  is  uKue- 
«>ver  expiessly  stipuhited,  that  IJritish  subjects  shall  not  navif^ate,  or 
carry  on  their  fishery  in  the  said  seas,  within  the  space  of  t<'u  sea 
k'afii'cs  from  any  i)art  of  the  coasts  already  occujned  by  Si)ain. 

V.  It  is  agreed,  tliat  as  well  in  the  phu'es  which  are  to  be  rest<m'd  to 
th«'  llritish  subjects,  by  virtue  of  the  1st  Artich',  asin  all  othei' parts 
of  tlie  north-western  coasts  of  North  Anu'rica,  or  of  the  islands  adja- 
cent, sitnati'd  to  the  north  of  the  parts  ot  the  said  coast  alrea<ly  occu- 
pied by  Spain,  wherever  the  subjects  of  either  of  the  two  Powers 
shall  hiive  made  settlements  since  the  mcmth  of  Ai)ril,  17S{>,  or  shall 
hereafter  make  any,  the  subjects  of  the  other  shall  Imve  fn-e  access,  and 
shall  '  arry  on  their  trade,  without  any  disturbance  (u-  molestatiim. 

VI.  It  is  further  agreed,  with  respect  to  the  «'asteru  and  western 
coasts  of  South  America,  and  to  the  ishnnls  adjai^ent,  that  no  settle- 
ment shall  be  formed  hereafter,  by  the  resju'ctive  subjects,  in  such  jiartH 
ot  those  coasts  as  are  situated  to  the  south  of  those  parts  of  the  same 
coasts,  and  of  the  islands  adJa(H'nt,  whi<'h  are  already  occupied  by 
Si»ain:  provided  that  the  said  icspective  sid)Je('ts  shall  retain  the  lib- 
erty of  landing  on  the  t-oasts  and  islands  so  situated,  for  the  purposes 
of  their  fishery,  and  of  erecting  thereon  huts,  and  other  temporary 
buildings,  serving  only  for  those  pur]»oses. 

VU.  in  all  cases  of  complaint  or  infraction  of  the  Articles  of  the 
lu'csent  Convention,  the  officers  of  either  Party,  without  permitting 
themselves  previously  to  commit  any  violence  or  act  of  force,  shall  be 
boun<l  to  make  an  exact  report  of  the  attair  and  of  its  circumstances,  to 
their  resjyective  Courts,  who  will  terminate  such  ditterences  in  an  ami- 
cable mannei'. 

VI II.  The  present  Convention  shall  be  ratified  and  confirnu'd  in  the 
space  of  six  weeks,  to  be  computed  from  the  day  of  its  signature,  or 
sooner  if  it  can  be  done. 

In  witness  whereof,  we,  the  undersigned  Plenipotentiaries  of  Their 
JJritannic  and  Catholic  Majesties,  have,  in  their  names,  and  in  virtue 
of  our  respective  full  Powers,  signed  the  present  Convention,  and  set 
thereto  the  seals  of  (mr  arms. 

Done  at  the  Palace  of  St.  Laurence,  the  28th  of  October,  1700, 

Alleyne  Fitz  IIekbeut,  [l.  s 

g  El  Conde  de  f  lokidablanca,  [l.  s. 


pre- 

u  the 

( shall 

their 


■% 


li 

; 

,     '  I'ij 

iiiiini 


34 


TIti:ATIES. 


TREATY  OF  1818  BETWEEN  THE  UNITED  STATES  AND  GREAT 
BRITAIN,  RESPECTINO  FISHERIES,  BOUNDARIES,  AND  RESTORA- 
TION OF  SLAVES. 

[Kxliiut.] 

Article  II. 

It  is  aji'vci'd  tliat  a  liiu'  drawn  from  tlic  most  iiortliwcstci'ii  iwint  of 
the  Lake  of  tlic  W  (»o(l.s,  aloiiji'  t'le  forty-ninth  parallel  or  north  latitnd*', 
or,  if  the  said  point  shall  not  be  in  tin-  forty-ninth  paiallcl  of  north  lati- 
tnd«'  then  that  a  line  drawn  from  the  said  point  (Ine  north  oi-  sonth  as 
the  case  may  he,  until  the  sai<l  line  shall  intei'seet  the  said  paralhd  of 
north  latitude,  and  from  tin-  point  of  such  inti'rsection  «lue  w«'st  alonjj;' 
and  with  the  said  paraUel  shall  be  the  line  of  demarcation  between  the 
territories  of  the  I'nited  States,  and  thctse  of  His  IJi'itannic  Majesty,  and 
that  the  said  Viw  shall  form  the  northern  bouiulary  of  the  said  ti'rri- 
tori«'s  of  the  rnit«'d  States,  and  the  southern  boundary  of  the  territo- 
ries of  His  r»ritannic  Majesty,  from  the  Lake  of  the  Woods  to  the  Stony 
Mountains. 


Akticle  III.  ;, 

It  is  afi'reed,  that  any  country  that  maybe  claimed  by  either  ])artyon 
tlu'  northwest  coast  of  America,  westward  of  the  Stony  Mountains, 
shall,  toy-ether  with  its  harbours,  bays  and  creeks,  and  tlie  navij^atiou 
()f  all  rivers  within  the  same,  be  free  and  open,  for  the  term  often  y«'ars 
from  the  (bite  of  the  sijiuature  <»f  the  present  c(»nvcntion,  to  the  vessels, 
citizens,  and  sid)iects  (»f  the  two  I'owers:  it  bein}>'  well  understoctd,  that 
this  ajireemcnt  is  not  to  be  construed  t<>  the  prejjidice  of  any  claim,  which 
either  of  the  tw(»  liijiii  contractin,u  parties  may  have  to  any  part  of  the 
said  couUiVy,  nor  shall  it  be  taken  to  aWW.t  the  claims  of  any  other 
Power  or  State  to  any  i)art  of  the  said  country;  the  oidy  obJe«'t  of  the 
hijih  contiactin;;-  parties,  in  that  respect, beiny  to  prevent  disputes  aud 
dilferenccL-  amonyst  themselves. 


iii 


!'  "  ir  I 


TREATY  OF  AMITY.  SETTLEMENT,  AND  LIMITS  OF  1819,  BETWEEN 
THE  UNITED  STATES  AND  SPAIN. 

[Extract.] 

Akticle  III. 

The  boundary  line  between  the  two  countries,  west  of  the  ^lississippi, 
shall  bcyiu  on  the  (luli>h  of  Mexico,  at  the  mouth  «)f  the  river  Sabine, 
in  the  sea,  continuing  north,  along  the  western  bank  of  that  river,  to 
the  tJlid  de;?ree  of  latitude;  thence,  by  a  line  due  north,  to  the  degree 
of  latitude  where  it  strikes  the  Eio  lloxo  of  Xatchitoches,  or  Ited  River; 
then  following  the  (bourse  to  the  Rio  K'oxo  Avestward,  to  tlie  degree  of 
huigitude  100  west  from  London  and  2'.i  from  Washington;  then,  cross- 
ing the  said  Red  Rivei',  and  running  thence,  by  a  line  due  north,  to  the 
river  Arkansas;  thence,  following  the  course  of  the  southern  bank  of  the 


I 


UNITED    STATES    AND    RUSSIA,  1821. 


35 


Arkansas,  to  its  source,  in  latitude  42  noitli;  and  tlitMuc  by  that  jtaral- 
lei  of  latitude,  to  tlio  South  Sea.  The  whole  beinj;' as  lai<l  down  in 
Melish's  map  of  the  United  States,  published  at  IMiiladeli>hia,  improved 
to  tlie  first  of  January,  1818.  Jiut  if  tiie  source  of  the  Arkansas  Iviver 
shall  be  found  to  fsill  north  or  south  of  latitude  42,  then  the  line  shall 
run  from  the  said  source  due  south  or  north,  as  the  <'ase  may  be,  till 
it  meets  the  said  ])arallel  of  latitude  42,  and  thence,  alony  the  said 
jtarallel,  to  the  South  Sea:  All  the  ishnnls  iu  the  Sabine,  and  the  said 
Ivcd  and  Arkansas  liivers,  throuj;hout  the  course  thus  described,  to 
bdonji'  to  the  I'nited  States;  but  the  use  of  the  waters,  and  the  navijia- 
tion  of  tlie  Sabine  to  the  sea,  and  of  the  said  rivers  lioxo  and  Arkan- 
sas, throughout  the  extent  (tf  the  said  boundary,  on  their  respective 
banks,  shall  be  common  to  the  respe<'tive  inhabitants  of  both  nations. 
The  two  high  contrtM^ting  parties  aj^ree  to  cede  and  renounce  all  their 
rights,  claims,  and  pretensions,  to  the  territories  described  by  the  said 
line,  that  is  to  say:  The  I'nited  States  hereby  cede  to  His  Catholic 
Majesty,  and  renounce  forever,  all  their  rights,  claims  and  pretensions, 
to  tiie  territories  lying  west  and  south  of  the  above-described  line;  and, 
in  like  manner,  llis  Catholic  Majesty  cedes  to  the  said  (  nited  S*^'(t<'sall 
his  rights,  claims,  and  pretensions  to  any  territories  east  and  ncirth  of 
the  said  line,  and  for  himself,  his  heirs,  and  successors,  renounces  all 
claim  to  the  said  territories  forever. 


'er,  to 
Hegreo 
lliver; 
Iree  of 
1  cross- 
to  the 
of  the 


TREATY  BETWEEN  THE  UNITED  STATES  AND  RUSSIA  RELATIVE 
TO  NAVIGATION,  FISHING,  AND  TRADING  IN  THE  PACIFIC 
OCEAN  AND  TO  ESTABLISHMENTS  ON  THE  NORTHWEST 
COAST,  CONCLUDED  APRIL  5/17,  1824 

111  the  name  of  the  ]Most  Holy  and  Indivisible  Trinity. 

Tiie  President  of  the  I'luted  States  of  Ameiica  and  llis  IVfajesty  the 
Empercn'  of  all  the  Jiussuis,  wishing  to  cement  the  Ixnids  of  amity 
which  unite  them,  and  to  secure  between  them  tiie  iiivariabl(>  mainte- 
nance (»f  a  jterfect  concord,  by  means  of  the  ])reseiit  convention,  have 
named  as  tlieir  IMenipotentiaries  to  this  effect,  to  wit: 

Tlie  President  of  the  United  States  of  America,  Henry  Middlercni,  a 
citizen  of  said  States,  and  their  Envoy  Extraordinary  and  Minister 
rMeiiipotentiary  near  his  Imperial  Majesty:  and  His  Majesty  the  lOni- 
pentr  of  all  the  liussias,  his  beloved  and  faithful  Charles  Ifobert  Count 
of  Nesselrode,  actual  Privy  Counsellor,  Member  of  the  Council  of  State, 
Secretary  of  State  directing  the  administration  of  Foreign  Att'aii's, 
actual  Chandierlain,  Knight  of  the  Order  of  St.  Alexander  Nevsky, 
Clrand  Cross  of  the  Order  of  St.  Wladimir  of  the  first  class.  Knight  of 
that  of  the  White  Eagle  of  Poland,  (irand  Cross  of  the  Order  of  St. 
Stephen  of  Hungary,  Knight  of  the  Orders  of  the  Holy  (lliost  and  St. 
Michael,  and  (hand  Cross  of  the  L<'gi(m  of  Honor  of  France,  Knight 
■(Jraiid  Cross  of  the  Orders  of  the  Black  and  of  the  Red  Hagle  of  Prus- 
sia, of  the  Annunciati<m  of  Sardinia,  of  Charles  III  of  Spain,  of  St. 
Ferdinand  and  of  Merit  of  Naples,  of  the  Eleidiant  of  l)ennmrk,of  the 
Polar  Star  of  Sweden,  of  the  ("rown  of  Wiirteinberg,  of  the  (iuelphs 
of  Hanover,  of  the  Belgic  Lion,  of  Fidelity  of  Padeii,  and  of  St.  Con- 
stantineof  Parma;  and  Pierre  de  i'oletica,  actual  Counsellor  of  State, 
Knight  of  the  Order  of  St.  Anne  of  the  first  class,  and  (Jrand  Cross  of 
the  Order  of  St.  VVladinnr  of  the  second  j 


86 


TREATIKS. 


i'  m 


;:t!i 


NVlio,  after  liiivin^  excliaiifit'd  tlu'ir  full  powers,  found  in  jjood  and 
due  form  liave  agreed  upon  and  sijiued  the  foUowinji;  stipulations: 

AlJTIOLE  I. 

It  is  afjreed  that,  in  any  part  of  the  Great  Ocean,  eoinnionly  called 
the  Paeitie  ()e«'an,  or  Soutli  Sea,  the  respt'ctive  citizens  or  subjects  of 
tin'  hijjh  contractin;;  Powers  shall  be  neither  disturbed  n(U'  restrained, 
eith«'r  in  navij;ation  or  in  llshinj;',  or  in  the  ]>o\ver  of  resortinj;'  to  the 
coasts,  ujion  points  whi(!ii  may  not  already  have  been  oc<'»ipie«l,  for  tin* 
puri)ose  of  tradinji'  with  the  natives,  savinj^'  always  the  restrictions  and 
conditions  determined  by  the  following  articles. 

AUTIOLE  II. 

"With  a  view  of  preventin}»"  the  rij;hts  of  navigation  and  of  fisliiufj 
exercised  upon  the  (Ireat  Ocean  by  the  citizens  and  subjects  of  the 
hiji'h  contracting  I'owers  from  becoming'  tlu*  pretext  for  an  illicit  trade, 
it  is  agreed  that  the  citizens  of  the  I'uited  Statt's  shall  not  res«irt  to 
any  point  where  there  is  a  Russian  establishment,  without  the  permis- 
sion of  the  governor  (u-  commander;  and  that,  reciprocally,  the  subji'cts 
of  Russia  shall  not  resort,  without  periuission,  to  any  establishment  of 
the  United  ritates  upon  the  ^'ortliwest  coast. 

Article  III. 

It  is  moreover  agreed  that,  hereafter,  there  sliall  not  be  formed  by 
the  citizens  of  the  Tnited  States,  or  under  the  authority  of  the  said 
States,  any  establishment  upon  the  northwest  coast  of  America,  nor  in 
any  of  the  islands  adjacent,  to  the  north  of  titty- four  degrees  and  forty 
minutes  of  north  latitude;  and  that,  in  the  same  manner,  there  shall  be 
none  formed  by  Kussian  subjects,  or  under  the  authority  of  Kussia, 
south  of  the  same  parallel. 

Article  IV. 

It  is,  nevertheless,  understood  that  during  a  term  of  ten  years,  count- 
ing fnnn  the  signature  of  the  ju'csent  convention,  the  sliips  of  both 
Powers,  or  which  belong  to  their  citizens  or  subjects  respectively,  may 
reciprocally  fre(|uent,  without  any  hindrance  whatever,  the  interior  seas, 
gulfs,  harbors,  and  creeks,  upon  the  coast  mentioned  in  the  pre«'ediug 
article,  for  the  purpose  of  tishing  and  trading  with  the  natives  of  the 
country. 

Article  V. 

All  s])irituou8  liquors,  tire-arms,  other  arms,  powder,  and  munitions 
of  war  of  every  kind,  are  always  excepted  from  this  same  commerce 
permitted  by  tin*  preceding  article;  and  the  two  Powers  engage,  recip 
rocally,  neither  to  sell,  nor  sutt'er  them  to  be  sold,  to  the  natives  by 
their  respectiv*^  citizens  and  subjects,  nor  by  any  person  who  may  be 
under  tlu'ir  authority.  It  is  likewise  stipulated  that  this  restri<'tiou 
shall  never  attord  a  i)retext,  nor  be  advanced,  in  any  case,  to  authorize 
either  search  or  detention  of  the  vessels,  seizure  of  the  merchandise,  oi", 
in  tine,  any  nu'asures  of  constraint  whatever  towards  the  merchants  or 
the  crews  who  m.iy  carry  on  this  commerce;  the  high  contracting 
Powers  reciprocally  reserving  to  themseh  es  to  determine  ui)ou  the  pen- 


UNITKD    STATES    AND    IMSSIA,  IHJI. 


87 


altios  to  be  iiiciu  timI.  iiiul  to  iiiHirt  tlio  iMinisliinciits  in  ciisc  ol'  tlic  coii- 
travj'iitioii  of  this  iirticK'  by  tlii'ir  rt'spcctivt'  cifizt'iis  (»r  subjcrts, 

Articlk  VI. 

Wlieii  this  foiUM'iition  sbiill  liavc  boon  duly  liitiflofl  by  tlio  Piosidoiit 
ot'tho  United  States,  Mitli  tlie  advice  and  eoiist-nt  of  the  Senato.  on  tlio 
one  jiart.  and,  on  the  (tther,  by  Mis  Majesty  the  l-iinpororof  all  tlie  l.'ns- 
8ias,  tiie  ratitieati(His  .shall  be  exelianjied  at  VVashinj;ton  in  the  space  of 
ten  months  from  tlie  date  below,  oi'  sooner  il"  i)ossible. 

in  faith  whereof  the  respect i\e  I'lenipotontiaries  hav«'  sijiiied  this 
i'onvontion,  and  thei'eto  allixed  the  seals  of  their  arms. 

Done  at  St.  I'etersbur}^  the  17-r»  April,  of  the  year  of  (Jrace  one 
tlnmsand  eiu;ht  hundred  and  tw(Mity  foni-. 


SEAL. 
SKAT.. 
SKAL. 


Ill•;^•n^  Middi.kton. 

liO  Comte  ClIARLKS  l)K  NkSSELRODK. 
PJKUWK  I)K  I'OLKTICA. 


Au  Nom  do  la  tres  Sainte  et  Indivisible  Tiinite: 

liO  President  des  Etats-l'nis  (rAm;''ri(|Ue,  et  Sa  Majeste  I'Kinporonr 
do  tontes  les  Pussies,  voulant  cimenter  los  liens  d'amitie  (jni  les  nnis- 
sent  et  assuror  entro  eux  le  maintien  invariable  d'un  parfait  accord, 


.^■.  ..1/ - .  .....j...^.  ^..,.„^ «  — , „^ 1 

m()yennant  la  ])resento  Convention,  ont  nomme  jmnr  Lours  Plenipoton- 
tiaii'os  k  cot  ott'et,  savoir:  le  President  dos  Etats-lJnis  d'Americjuo,  le 
Sieur  Henry  Mi<hllotou,  Citoyen  dos  dits  Ktats,  et  Lo'ir  Envoyo  Ex- 
traor(bnaire  et  Ministre  Plenii)otontiaire  pros  Sa  Arajeste  imperiale:  et 
Sa  Majeste  rEmperour  do  toutos  les  Hussies,  Ses  aines  et  feaux  les 
Sieurs  Charles  Pobort  (^omi)to  do  Nessolrode,  Consoilloi-  Prive  actnel, 
Membro  du  Consoil  d'Ktat,  Secretaire  d'Ktat  Dirincant  lo  Miiusterodes 
affaires  etranyeros,  Chambellan  acituol,  ('hovalier  do  I'ordre  de  St.  Alex- 
andre Nevsky,  Grand  Croix  de  I'ordre  de  St.  VVladniir  de  la  P**  classe, 
(Jhevalier  de  celui  do  Taij-le  blanc  de  Pologne,  Grand  Croix  de  Fordrt^ 
d«'  St.  Ktionno  de  Hongrie,  Chevalier  des  ordros  (bi  St.  Esprit  et  de  St. 
Miehel  et  (irand  Croix  de  celui  de  la  Logiou  dTIonneur  de  France, 
Chevalier  Grand  Croix  dos  ordros  de  I'Aigle  uoir  et  «lo  TAigle  rouge  do 
Prusse,  do  rAnnonciado  de  Sardaigne,  do  Charles  II[  (rL*iS]»agne,  de 
St.  Ferdinand  etdu  merite  do  Naples,  do  riCh'-phant  do  Danemarc,  d(^ 
I'Etoilo  Polairo  de  Suede,  dela  Couronnedo  Wurtemberg,  desGuel|»lies 
de  Hanovre,  du  Lion  Belg<',  de  la  Fidelitode  Ilade,  ot  do  St.  ( 'oustantiu 
de  Panne,  et  Pierre  do  Poleti«'a,  Couseiller  d'T'tat  aetuol,  Chevalier  de 
IVndro  de  Ste.  Anno  do  la  1"'  <lasse,  et  Grand  Croix  do  I'ordre  de  St. 
Wladinir  de  la  seconde;  losipiels  apres  avoir  echangi'  h'urs  pleins-]M»u- 
voirs,  trouvos  en  bonne  et  due  forme,  ont  airote  et  signe  les  stipula- 
tions suivantes. 

Article  Premier. 

II  ostconvenu  que  dans  aueune  partie  du  Grand  Ocean,  appele  com- 
munomont  Ocean  Pacili(|ne  ou  Mer  du  Sud,  los  Citoyens  (ui  Snjets  re- 
8pe(!tifs  des  hautes  Puissances  eontractantes  no  seront  ni  troubles,  ni 
genes,  soit  dans  la  navigation,  soit  dans  roxi»l<titati(m  de  la  peche,  soit 
dans  la  faculte  d'abordor  aux  (!otes  siir  des  jMunts  <|ui  no  soroient  i»as 
dtjii  occupes,  atin  d'y  fairo  le  commerce  avoc  les  Indigeiu's,  sauf  tonte- 
ioisles  restrictions  ot  conditions  doterminoes  par  les  articles  qui  suivont. 


h  .1  ii 


88 


treaties. 
Article  Deuxi^me. 


Dans  la  vuo  d'eiiipecher  que  les  droits  do  navigation  ct  de  ])r'('ho 
C'xen'os  snr  Ic  pfiand  Ocean  par  los  ('itoyens  et  Siijets  des  hautcs  J*ui.s. 
sanres  coiitraftantt's  no  devicniiont  le  pi/'toxte  d'nn  comuicrcc  illicito, 
il  est  convenii  que  les  (Jitoyoiis  des  J'^tatH  Unis  n'abordoront  a  aucun 
])oint  oil  il  se  tronve  un  ('tablisscMH-iit  linsso,  sans  la  perniissinii  dn 
(louvoineiir  ou  Commandant;  et  que  leciprcxiiiement  les  Sujets  linsses 
lie  pourront  aborder  sans  permission  a  aucim  ctablissemout  des  Etats- 
Unis  siir  la  Cote  nord-ouest. 


■u^' 


t--' 


Article  TRoisiiiME. 

II  est  convenu  en  outre,  que  dor^navant  il  ne  pourra  6tre  form<5  par 
les  Citoyeus  des  Etats  Unis,  ou  sous  l'autorit6  des  dits  Etats,  aucun 
etablissement  sur  la  Cote  nord  ouest  d'Ameri(iue,  ni  dans  aucunc  des 
lies  adjacentes  <(h  Noril  du  (dnquante  quatrieme  dejfre  et  quarante  mi- 
nutes (le  latitude  septentrionale;  et  que  de  mC'me  il  n'en  pourra  etro 
fornu'  aucun  par  des  Sujets  Kusses,  ou  sous  I'autorite  de  la  Kussie,  au 
Slid  de  la  meme  paralleie. 

Article  Quatri^me. 

II  est  n<?anmoins  entendu  que  pendant  un  terme  de  dix  annf^es  A  comp- 
ter de  la  signature  de  la  presente  Convention,  les  Vaisseaux  des  deux 
Puissances,  ou  qui  appartiendraient  ii  leurs  Citoyens  ou  Hujets  respcc- 
tifs,  pouri'ont  '  Lviiuoquement  frdqucnter  sans  entrave  <|uelcouqu(', 
les  mers  interieures,  les  golt'es,  lifivres  ct  criqucs  sur  la  Cote  nu'ntionnce 
dans  ''article  lu-eccdent,  afiu  d'y  faire  la  pcclie  et  le  commerce  avec  les 
naturels  du  i)ays. 

Article  Cinqui£:me. 

Sont  toutefois  except<!'es  de  ce  meme  commerce  accorde  par  Tarticlo 
precedent,  toutes  les  li(|ueurs  spiritueuses,  les  amies  a  feu,  amies 
blanches,  jioudie  et  munitions  dc  guerre  d(^  toute  espece,  (|ue  les  deux 
Puissances  s'engagent  rei-iproquement  tl  ne  iias  vendre,  ni  laisser  ven- 
dri'  aiix  Indigenes  par  leurs  Citoyens  et  Sujets  rcspectifs,  ni  par  aucun 
imlividu  (pii  se  trouveioit  sous  leur  autorite.  II  est  cgalement  stipule 
<|ue  cette  restriction  ne  ])oiiria  Jamais  servir  de  prctexte  ni  etre  alle- 
giu'c  dans  aucun  cas,  pour  autoriser  soit  la  visite  ou  la  detention  des 
Vaisseaux,  soitlasaisie  de  la  marchandise,  soit  enfin  des  mesuies  quel- 
c(>n(|ues  de  contrainte  envers  les  armateurs  ou  les  cMpiipages  qui 
feraient  ce  commerce;  les  liautes  Puissances  contractantes  s'etant  reci- 
l)roquemcnt  reserve  de  statuer  sur  les  peines  a  encourir,  et  d'inlliger 
les  ameiides  encourues  en  (!as  do  coutraveutiou  a  cet  article  par  leurs 
Citoyens  ou  Sujets  respectifs. 

Article  Sixi^mb, 

Lorsque  cette  Convention  aura  6t6  dnement  ratifide  par  le  President 
des  Etats  Unis  de  I'avis  et  du  consentement  du  Seuat,  d'une  part,  et  do 
I'autre  par  Sa  Majeste  I'Knipereur  de  toutes  les  Russies,  les  ratifica- 
tions en  seront  ecliangees  ii  Washingt(m  dans  led61aidedix  inois  de  la 
date  ci-dessous  ou  plutot  si  faire  se  pout. 


''"^^K 


GRKAT    IJWITAIN    AND    lU'SSIA,   W2'u  30 

Kii  f(M  (Ic  Miioi  IcH  PI«?iii|>ohMitiiiiit's  respcrtirs  Pont  .si<>iioe,  et  y  out 
iiit  iipiMtSfr  los  i;iU'lH'ts  <le  It'iiis  aniies. 
Kiiit  i\  St.  Petersbouig  le  i•^  Avril  de  I'ati  de  fjraco  mil  liuit  vvut  vin^t 


(liiativ. 

SEAL. 
SKAK. 
»£AL. 


IlENUV    MlDDI.ETON. 

Le  ('omt«i  CiiAin-KS  de  ^'esselrodk. 

riEKUE  de  roLETUA. 


TREATY  BETWEEN   GREAT   BRITAIN  AND    RUSSIA,    SIGNED   AT 

ST.  PETERSBURG  FEBRUARY  Jf-  1825. 

28 

In  the  name  of  the  INrost  Holy  and  Undivided  Trinity. 

His  ISIiiJesty  tin*  King  of  the  United  Kin;;d(>m  of  (xieat  Britain  and 
Irehmd,  and  His  Majesty  tlie  Kmperoiof  all  the  Rnssias,  liein;:  desinms 
of  diaw'iii;;'  still  <'h)ser  the  ties  of  good  nn<lerstanding  and  friendship 
whieh  nnite  them,  by  means  of  an  agx'eemeiit  wliich  may  setth',  npon 
the  basis  of  reciproealconvenienee,  different  points  connected  with  the 
commene,  navigation,  and  fisheries  of  their  subjects  on  the  Pacific 
Ocean,  as  well  as  the  limitsof  their  respective  juisscssions  on  the  North- 
west c(»ast  of  America,  have  named  Plenipotentiaries  to  conclude  a 
convention  for  this  pnrpose,  that  is  to  say:  His  Majesty  the  King  (tf 
the  Tnited  Kingdom  of  Great  Britain  ami  Ireland,  the  Pight  Honora- 
ble Stratford  Canning,  a  mend)er  of  his  said  Majesty's  3Iost  Honorable 
Privy  Conncil,  etc.,  and  His  Majesty  the  Emperor  (tf  all  tin'  Ifnssias, 
the  Sienr  (Jharles  Pobert  Count  de  Nesselrode,  His  Imperial  Majesty's 
IMivy  Councillor,  a  nu'mber  of  the  Council  of  the  Empire,  Secretary  of 
State  for  the  department  of  Foreign  Affairs,  etc.,  and  the  Sienr  IMerre 
de  Poletica,  His  hn])erial  Majesty's  Councillor  of  State,  etc.  Who, 
after  having  eonnnunicated  to  each  other  their  respective  full  powers, 
found  in  good  and  due  form,  have  agreed  npon  and  signed  the  following 
articles : 

I.  It  is  agreed  that  the  resjtective  subjects  of  the  high  contr'iciing 
Parties  shall  not  be  troubled  or  molested,  in  any  part^  of  the  ocean, 
commonly  called  the  Pacifi<'  Ocean,  either  in  navigating  the  same,  iu 
fishing  therein,  or  in  landing  at  such  parts  of  the  coast  as  shall  iH)t 
have  been  already  occupied,  in  order  to  trade  with  the  natives,  under 
the  restrictions  and  conditions  specified  in  the  following  articles. 

II.  In  order  to  prevent  the  right  of  lujvigating  and  iishing,  exercised 
npon  the  ocean  by  the  subjects  of  the  high  contracting  Parties,  from 
becoming  the  pretext  for  an  illicit  commerce,  it  is  agreed  that  the  sub- 
je<'ts  of  His  I>ritannic  ^lajesty  shall  not  land  at  any  place  where  there 
may  be  a  Pussian  establishment,  without  the  permission  of  the  Gov- 
ernor or  Commandant;  and,  on  the  othe"  ..i  id,  that  Kussian  subjects 
shall  not  land,  without  pennission,  at  au^^  M.  itish  establishment  of  the 
^'orthwest  coast. 

HI.  The  line  of  demarkation  between  the  possessions  of  the  high  con- 
tracting Parties,  upon  the  coast  of  the  continent,  and  the  islands  of 
America  to  the  Northwest,  shall  be  drawn  in  the  nninner  following: 

Commencing  from  the  southernmost  i)oint  of  the  island  called  rrince 
of  Wahn  Island,  which  point  lies  in  the  parallel  of  iifty-four  degrees 
forty  minutes,  north  latitude,  and  between  tlu'  one  hundred  and  thirty- 
first  and  the  one  hundred  and  thirty-third  degree  of  west  longitude 
(Meridian  of  Greenwich),  the  said  line  shall  ascend  to  the  north  along 


40 


TKr.ATIKH. 


m 


tlu',  vliiiiiiu;!  <*iill('(l  I'ltrthtiiil  Cli'imn I,  iis  I'iir  as  tlu'  point  ol'  the  coiiti 
iK'ii(  wlicrc  it  strikes  llic  lillv  s'xtli  «l«'j;r('»^  of  iioitli  liititii(U';  from  tliis 
last  iiinitioiKMl  point,  the  line  oi'doniarUation  sliall  follow  tlic  snniinit  of 
the  nionntaiiis  situated  parallel  to  to  the  coast,  as  far  as  the  point  of  in 
tj'iseetion  of  the  one  hun<1r<>(l  and  foity-liist  device  (»f  west  longitude  (of 
the  same  meiidian) ;  and,  linally,  from  the  said  point  ot  intersection,  the 
said  meridian  line  of  the  one  hnn<lred  an<l  foity-liist  dcjLti'eo,  in  its  pro- 
l<m;:alion  as  far  as  tin*  Kro/en  Ocean,  shall  form  the  limit  hetween  the 
Wnssian  and  llritisii  Possessions  on  the  (continent  of  America  to  thu 
>.'orlhwest. 

I\'.  With  ri'fcrence  to  tlie  line  of  demaikation  laid  down  in  the  pro- 
eedin;n'  artit'le  it  is  understood: 

Kiist.  That  the  island  tailed  I'rime  of  WhUn  Islaml  shall  lielonj; 
wholly  t()  Ivussia. 

Second.  Thiit  wherever  the  sumnntof  the  mountains  which  extend  in 
a  direction  paiallel  to  the  coast,  from  the  II fty  sixth  dejjree  of  noith 
latitude  to  the  p«»iut  (»f  intersection  of  the  one  hundred  and  forty-first 
decree  of  west  lon^iitude,  shall  prove  to  be  at  the  <listance  of  nutre  than 
ten  nnirine  leagiU's  from  the  ocean,  tin'  linut  between  the  lii'itish  Pos- 
sessions and  the  line  of  coast  whi«'h  is  to  belonj;  to  IJussia,  as  above 
mentioned,  shall  be  formed  by  a  line  parallel  to  the  windings  of  the 
coast,  and  which  shall  never  exceed  the  distance  of  ten  nmrine  leaji'ues 
therefrom. 

V.  It  is  moreover  ajjreed,  that  no  establishment  shall  be  formed  by 
either  of  the  two  parties  w  ithin  the  limits  assijiiu'd  by  the  two  prececl- 
iiij;  articles  to  the  possessions  of  the  other;  conse(piently,  Urilish  sni>- 
jects  shall  not  form  any  establishnu'nt  either  ujton  the  coast,  (m- upon 
the  l)order  of  the  continent  «-on«prised  within  the  lindts  of  the  IJnssian 
Possessions,  as  desiymited  in  the  two  precedinji'  articles;  -d,  in  like 
nninner,  no  establisliment  shall  be  formed  by  KussiaJi  su'  •*  beyond 
the  said  limits. 

VI.  It  is  tmderstood  that  the  subjects  of  Ilis  Britannic  Majesty,  from 
whatever  <|uarter  they  may  arrive,  whether  from  the  ocean,  or  from  the 
interior  ot  the  contiiient,  shall  forever  enjoy  the  right  of  navigatinjjf 
freely,  and  without  any  Idndrante  whatever,  all  the  rivers  and  streams 
whi<'h,  in  their  course  tovvards  the  Pacific  Ocean,  may  cross  the  line  of 
dennukation  npon  the  line  of  coast  described  in  arti«'le  three  of  the 
present  convention. 

YII.  It  is  also  umlerstood,  that,  for  the  space  of  tt'ii  years  from  the 
signature  of  the  present  convention,  the  vessels  of  th«'  two  Powers,  or 
those  belonging  to  their  n'spective  subjects,  shall  mutually  be  at  lib- 
erty to  fre<iuent,  without  any  hindrance  whatever,  all  tin'  inland  seas, 
the  gulfs,  havens,  and  creeks  on  the  coast  mentioned  in  article  three 
for  tlie  [Mirposes  of  fishing  and  of  trading  with  th'!  natives. 

VIII.  The  port  of  Sitka,  or  Novo  Archangelsk,  shall  be  open  to  the 
commerce  and  vessels  of  Jiritish  subjects  for  the  si  ace  <)f  t«'n  years  from 
the  date  of  the  exchange  of  the  ratifications  of  th^'  j)resent  convention. 
In  the  event  of  an  extension  of  this  term  often  years  being  granted  to 
any  other  Power,  the  like  extension  shall  be  granted  also  to  (treat 
Britain. 

IX.  The  above  mentioned  liberty  of  commerce  shall  n(tt  apply  to  the 
trade  in  spiritmms  liquors,  in  tire-arms,  or  other  arms,  gunpowder  or 
other  warlike  stores;  the  high  contracting  Parties  lecijjrocally  engag- 
ii:g  not  to  permit  the  above-mentioned  articles  to  be  sold  or  delivered, 
in  any  iminiu'r  whatever,  t<»  the  initives  of  the  country. 

X.  Every  British  or  Bussian  vessel  navigating  the  Pacific  Ocean, 


CII.'llA'r    IIKIIAIN    AND    KUSSIA,   IS'.'.-.. 


41 


wliicli  iiiiiy  1m'  <oin|>clI»'<l  l»y  stoniis  or  by  iiccidciif.  to  tiil<»'  slicltcr  in 
tlic  ports  ol  tlh'  r«'s|»('rti\»'  I'aitics.  sliall  l>i' at  lilu'ity  to  irlit  tlioicin, 
tn  |ii'ovi<I«'  ilst'll"  with  iill  necessary  stores,  and  t<»  put  to  sea  a;;ain.  willi- 
oul  payinj;  any  otiier  port  anti  lij;litlionse  dues,  wliicli  shall  Ite  the sann- 
as  tiiose  i»ai<l  i>y  national  vessels.  In  ease,  however,  tin-  niasterof  sneh 
vessel  should  l>e  iindei'  the  ne«M'ssity  of  disposing;' of  a  part  of  his  nier- 
ehandise  in  ortltM-  to  defray  his  j'xpenses.  he  shall  eonforni  himself  to 
tiie  rej^nlations  and  tariffs  (»f  the  place  where  he  may  have  landed. 

XI.  In  every  ease  of  complaint  on  aec<uint  of  an  iidVaction  of  the 
articles  of  the  pres<>nt  convention,  the  civil  aiul  military  authorities  of 
the  liiyh  contraetiii;;'  Parties,  without  previously  actinj;-  or  takin;;-  any 
f()rcil)l*>  measuie,  shall  make  an  exact  and  circumstantial  report  of  the 
mailer  to  their  respeclixe  courts,  who  en}>ajit'  to  settle  the  same,  in  a 
friendly  nnmiier,  and  aeeordinj;'  to  the  principles  of  justice. 

Ml. The  present  convention  shall  Ite  ratified,  ,Mnl  tli<>  ratiticatioii 
shall  he  e\chanj;«'d  at  Lonthui,  within  tlu'  .si)ace  of  six  weeks,  or  sooner 
if  possible. 

In  witness  whei'col  the  respective  IMenii)ot<'ntiaries  have  si<;ned  the 
same,  an<l  have  atlixed  thereto  the  seal  of  their  arms. 

Done  at  St.  Petersburj;',  the  Kith-L'S  (biy  of  F<'bruary,  in  the  year  of 
»»ur  Lord  one  thousand  eiyht  hundred  and  twi-ntyfive. 

SrWATKOlll)  Canninc^. 

THK   CoiNTDK  XHSSKLKODE. 

PlEliUE  Uli  r»)LETlCA. 


L. 

S. 

1- 

s. 

1,. 

s. 

All  Xoin  de  la  Ties  Sainte  ct  Indivisible  Trinite. 

Sa  Majeste  le  Uoi  du  Ko>aunH'  Tni  de  La  (Irande  r»reta}ine  et  de 
rirlande,  et  Sa  .Majeste  TKnipereur  de  toutes  les  Hussies,  desirant  re.s- 
serrer  les  liens  de  bonne  intelli;;enee  et  d'amitie  <pii  les  unissent,  ail 
inoyen  d'un  aceoi'd  (pii  rt'^i'lerait,  d'apres  le  i>rineipe  d<'s  «'onvenanees 
recii»ro<pies,  divers ))oints  lelatifs  an  Commerce,  a  la  Navi^i'ation,  et  aux 
IV'clieries  de  leurs  Sujets  sur  rOi-Hin  l'a<"i(i<pie,  ainsi  <|U«'  les  limites 
de  leurs  Possessions  resjx'ctives  sur  la  Cote  Nord-oiiest  de  rAmeriipie, 
out  nomine  des  IMcnii»otentiair<'S  iiour  con<'lure  une  Convention  a  cet 
ettet,  savoir; — Sa  .Majeste  le,  INti  du  Hoyaume  ITni  de  La  (Jramle  lire- 
tajiue  et  tie  Tlrlande,  le  Tres  Jbuiorable  Stratford  ('anninf>',  Conseiller 
<le  Sa  (lite  iMajesb'  eii  Son  Conseil  Prive,  »S:c.  Kt  Sa  Majeste  riOmpe- 
leur  de  toutes  les  Hussies,  le  Sieiir  Charles  Hobert  Comte  de  Nessel- 
rode,  S(ni  Conseiller  Prive  actiiel,  Membre  du  Coiiseil  de  ri'hnpire,  Se- 
cretaire d'Etat  dirigeant  le  Minist6re  des  Affaires  Ktraiijieres,  «S:e.;  et  le 
Sieur  Pierre  de  J'oletiea,  Son  CoiKseilh-r  d'Etat  actuel,  «Iv:c.  Lescpiels 
Plenipotentiaires,  apres  s'etre  commiiniqui''  leurs  Plein-pouvoirs  respec- 
tifs,  trouves  en  bonne  et  due  forme,  out  arrete  et  sign^  les  Articles 
suivaiis: — 

I.  11  est  convenu  (jue  dans  aucune  pavtie  du  Grand  Ocean,  appele 
eommun«''ment  Ocean  Pacifi<iue,  les  Sujets  respectifs  des  Ilautes  Pui.s- 
sanees  Contraetantes  neseront  ni  troubles,  ni  genes,  soit  dans  la  naviga- 
tion, soit  dans  Texploitation  de  la  peche,  soit  <lans  la  faeulte  d'aborder 
any  Cotes,  sur  des  Points  qui  ne  seraient  |»as  (b'ja  occupes,  afin  d'y 
faire  le  ('ommeiee  ave('  le.s  Indigenes,  sauf  t<tutefois  les  restrictions  et 
conditions  determinees  par  les  Articles  (pii  suivent. 

II.  Dans  la  vue  d'empedier  (pie  le.s  droits  de  navigati(ui  et  de  inVlie 
exerct-s  sur  le  Grand  Ocean  par  h^s  Sujets  des  Ilautes  Parties  Con- 
traetantes, ne  devienneut  le  prijtexte  d'un  commerce  illicite,  il  est  cou- 

6 


'I 


w 


42 


TRKATIHS. 


vomi  que  Ics  Hiijcts  do  Sa  Majt'stf  l>rit:miii(|ii('  ii'abdidoioiit  A  ancuu 
INtiiit  oil  il  sc  lioiivc  un  lOtalilissciiiciit  liiissc.  sans  la  juTiiiission  dii 
(ioiivcriH'iii'  (HI  ('oniiiiandaiit,  cm  (|1U'.  I'cciitnxiiu'iiu'iit,  k'>Si:jots  l{iiss»>s 
iM'  poiu'ioiit  alioitlcr,  sans  uciinissiou,  a  aticiin  Ktablisscnmnt  IJri- 
taiinifiuc,  snr  la  Cote  Nordoiu'st. 

111.  La  Ii.iiii«' dc  d(Miiar«'ation  cntro  Ics  Possessions  dcs  llautcs  Par- 
ties C'ontractantcs  siir  la  Cote  dii  ("oiitinciit  et  les  lies  de  rAui(''ri<iue 
>«ord ouest.  sera  traeee  ainsi  (ju'il  suit: — 

A  partir  dii  Point  le  i)lus  niciidional  de  I'lle  dite  Prince  of  Wales, 
leiiuei  Point  sc  troiive  sous  iii  parallel*-  du  'iV""  de<;rc  40  minutes  de 
latitude  Nord,  et  entre  le  i;il""  et  le  ];»;>""  <lej;re  de  lonjiitiule  Oucst 
(Mcridicn  dc  ( Jreenw  icli).  la  dite  li;;ne  reniontera  au  N(U<1  Ic  lonj;-  de  la 
passe  ditc   Portland  Clianncl.  jus(|u'au    Point   <le  la  terre  t'ciuie  oit  die 

attcint  Ic  ."»(» dejun''  dc  latitude  N«u'd:  de  ce  dernier  point  la  lij^ne  de 

di  iiiarcation  suivra  la  crcte  dcs  niontaj>'nes  situees  paiallclenient  a  la 
('(»tc,  Justin  ;iu  point  (Tintcrsection  du  14P"*'  de<»rc  dc  l(Ui<>itud«' <  )uest 
(nicnic  .Mrridicn);  et.  tinalenu-nt,  du  dit  ])oint  (rintcrsccti(»n,  la  uicnui 
lijiiic  incridicnue  du  lH""'dcjii(''  forinera,  dans  son  proton j;enient.jus(pi"ii 
la  iMcr  (ilaciale.  la  liniite  entre  les  Possessions  llus.^es  et  l)ritaniii(jues 
sur  le  ('«»ntinent  de  i'Anii'ri(|ne  Nord  ouest. 

[V.  11  est  enteiKiu.  par  rapport  a  la  lij;iie  de  d^nuireation  (letennin«!e 
dans  KArticle  ]>vecc(lent: 

1".  (^)ue  I'ile  dite  Prince  of  Wales  apparticudra  toute  eutiere  a  la 
Ikussie: 

-".  (^ue  partout  on  la  erete  des  niontaniics  qui  sT'tendent  dans  une 
direction  i>arallcle  A  la  Cote  depuis  le  5<>"'"  dcj^rc  dc  latitude  Nord  au 

point  d'interscction  du  111 deyrt'  de  lonji'itudc  Oucst,  se  trou\('rait  a 

la  distance  dc  plus  i\v  dix  licues  nnuines  de  TOccan.  la  liuiite  entre  les 
Posst  ssi(nis  liritanniques  ct  la  lisiere  de  Cote  lucntionnee  ci dessus 
connne  devant  appaitcnir  A  La  Kussie,  sera  fornicc  par  uue  lijiuc  jtaral- 
IcUi  au.\  sinnositcs  dc  la  Cote,  et  qui  ne  pourra  jamais  en  etre  eloiynee 
([Uc  dc  dix  lieues  marines. 

V,  II  est  convenu  en  outre,  (pie  nul  Ktablisscinent  ne  sera  foniu'  par 
rime  des  deux  Parties  dans  les  liiuitcs  ([Uc  les  deux  Articles  pn'cedeiis 
assimient  aiix  I'osscssions  de  I'Autrc.  En  cons('(picnee,  les  Sujets 
P>ritanni(pics  iic  tormcroiit  auciin  Etablisscinent,  soit  sur  la  e('>te,  soit 
sur  la  lisiere  dc  terre  fcinie  comprise  dans  les  limites  des  Possessions 
Kiisscs,  tcllcs  (pTcIlcs  s(»nt  dcsigiu'es  dans  les  deux  Articles  ]u'ee('d(  us; 
et  de  iiK'n  e,  nul  Ktablissement  ne  sera  forme  par  des  Sujets  llusses  au 
delA  des  dites  limites. 

\'l.  II  est  cntendu  (pic  les  Sujets  dc  Sa  Majest«''  15  'tannitpic.  de 
(piebpie  Cote  qu'ils  anivent,  soit  de  POceaii,  soit  de  rinrcricur  du  Con- 
tinent, .joiiiront  A  pcrpctuiti'  du  droit  dc  navi^ncr  libremcnt,  et  sans 
entravc  (piclcoiKpic,  sur  tons  les  tlcuves  et  rivieres,  (pii,  dans  leurs 
c(»urs  vers  la  mer  Paciti(|Ue,  tri^vcrseront  la  ligiie  dc  di'inarcation  sur 
la  lisiere  de  la  C(")te  indiipu'e  dans  I'Article  3.  de  la  presente  ("(uiveii- 
tion. 

VII.  II  est  aussi  cntendu  (pie.  pendj+nt  rcspac(  sic  dix  Ans,  A  (later 
dc  la  si;;nature  dc  cette  Convent  ion,  les  Vaisseau.x  des  deux  Puissances, 
ou  eeux  ai»partenaiis  a  leurs  Suji^ts  respectifs,  i»ourr(Mitr(-i  iproqucmeut 
fn'Mpicntcr,  sans  cntrave  (piclcoiupic,  toutes  les  Mers  interieiires,  h^s 
G(»ltcs.  IIa\res.  et  Cri(pics  sur  la  cote  mentionnce  dans  I'Article  M.  atiii 
tVy  fairc  la  p("'clie  et  Ic  commeree  avee  les  Iiidi<>cncs. 

VIII.  Le  Port  dc  vSitka,  on  Novo  Arcliauf-clsk,  s(>ra  ouvert  au  Com- 
merce et  aiix  V'aisscaiix  des  Sujets  Britaniii(pies  diiraitt  l'esi>iH'e  dc  dix 
aus,  a  dater  de  Feeliange  des  IJatilieatioiis  de  eette  Couveution.    Au 


UNITED    STATES    AND    RUSSIA,   1807. 


m 


Ciis  qirmu'  pioloiijiiitioii  »l(;  cc  tonne  do  dix  sins  smt  iU'cordce  Ti  (11101(1110 
aiitro  rnissiiiico,  la  moiiio  itroloiiyatiou  soia  cgaloiiioiit  a^-ooidoo  a  La 
(Irando  IJictajiiio. 

IX.  La  sns(lito  lilHMto  .de  o(»iiiiiier('o  no  s'ai>pli(nioia  ixiiiil  an  rratio 
dos  li(inoiiis  spiiitiionsos,  Aos  arnios-a-itiwi,  dos  ariiios  blaiiclios.  do  la 
lioiidi'o  a  canon,  on  d'aiiti'os  nuiniti(wis  die  ^Liuorvo:  los  ilantos  I'artios 
('ontractanros  s'onjiaycant  i('cipro(iiii!«niont  a  no  laissor  ni  vondro,  ni 
livior,  do  (pioliiuo  nuvnioio  (juo  00  puiisst'  otro,  anx  Indigonos  du  iiays, 
los  aiticlos  oi  (lossns  niontioina'vs. 

X.  T(»ut  Vaisseau  l)iitaniii(iuo  (tn  IJusso  navi,i;usinl  s^iir  I'Oot'aii  Pa- 
clti(|no.  (jui  sora  t(no(''  par  dos  tonipi'tos,  on  i)ai'  <|nil(|iio  acoidoiit,  do  so 


n-fuiiior  dans  los  Torts  dos  Tartios  rospoctive.> 


la  lil)ort(''  i]t'  s'y 


radoubor.  do  sV  ])ourvoir  do  tons  los  ohjets  (pu  lui  -^oronr  iK'oossairos, 
ot  do  so  roniottro  on  mor,  sans  payor  d'autres  Drniis  (pjo  coiix  do  Port 
ot  do  Fanaux.  los(iuols  soront  jxuir  Ini  los  monies  ijiioponr  los  liatiinons 
Niitionanx.  Si,  oopondant,  lo  Patron  d'nn  tel  naviro  so  ti(»uvait  dans 
la  no('ossit(''  do  so  d(''tairo  d'nno  partio  do  ses  iiiaroliandisos  \umr  siih- 
vonir  a  sos  doponsos.  il  sora  tonu  do  so  oont'onnor  anx  Ordonnanoos  ot 
aux  Tarifs  do  THndroit  on  il  aura  abord(''. 

XL  Dans  tons  los  oas  (1(>  liL'.intos  rolatixcs  a  rinfraction  dos  Articles 
do  la  pn'sento  Convention,  los  .\.utorit(''s  Cixilos  ot  Militaiics  dos  donx 
Ilantos  Parties  Contractantes,  sans  so  lu'rau'ttro  an  i>i'ealal»lo  ni  voio 
do  fait,  ni  uiosuro  do  Ibrco,  soront  tonnes  do  faire  nn  rapp(»rt  exact  (W 
Tatlairo  et  do  sos  eirconstanoos  a  lours  (Jours  respoctives.  losipn-llos 
s'en.ii'af'oiit  a  la  roji'lor  a  Tanuablo,  etd'a pros  los  principos  (Tune  parlaito 
Justice. 

XII.  La  prosonto  Convention  sora  ratilioo.  ct  los  K'atilieations  on 
soront  ochanfit'os  a  L(»ndres,  dans  Tospaco  do  six  scniainos.  on  plnt("»t  si 
I'aire  so  pout. 

En  Foi  do  (luoi  los  Ph'Miipotentiares  rosjioclils  Tout  sijiiK'o.  ot  y  out 


ai»poso 


lo  Cacliet  do 


lour; 


Anne: 


Fait  a  St.  Potoislxnu"',  lo 


r'l 


\'in<it  liuit 
(Seize 


I\''vrier.  do  Tan  {\('  Craco  nul- 


liuit-contvinji't-cinq. 


I.. 

S. 

I.. 

S. 

L. 

s. 

STK'A'I'I'oK'I)  CANMN(!. 

Lo  Co-Mi'i',  i)i;  Xi;ssi;r,i{(»i)H 

PlKl{l{K  DK  1N)I,I;tI('A. 


TREATY  CONCERNING  THE  CESSION  OF  THE  RUSSIAN  POSSES- 
SIONS IN  NORTH  AMERICA  BY  HIS  MAJESTY  THE  EMPEROR  OF 
ALL  THE  RUSSIAS  TO  THE  UNITED  STATES  OF  AMERICA. 


[('(inclmlnl  M;irc1i  ;<().  1S()7.      li    liCicd  hy  I  lie  I 'nitcil  St.it<'s  M;iy  L'S,  1K(17.     I'.xclianjjctl 
.Imic'.'O   ISC".      I'iim1,.iiiH'(1   1),v  the  rililfil  Stall's  .IiIik;  L'O,  1S(!7.  I 

The  I'nitod  Sti:^'So(■  Aniorioaand  His  Majesty  the  Finpor(tror  all  the 
liussias.  boiiiti  dosinnis  (»t'  stronjitlioMinii,  it  possilde,  the  jiood  under- 
standiniii'  which  exists  between  them,  have,  lor  that  purpose,  ap])oint(>d 
as  tlioir  plenipotentiaries:  the  {'resident  (tithe  Cnited  States.  William 
ll.Seward.  Secretary  of  State:  and  His  Majesty  the  Fnipor(»r  of  all  th(>. 
L'nssias,  the  Privy  Counsellor,  Ivlwaid  <\i'  Stoeckl,  his  I^nvoy  lOxtraor- 
diiiary  and  Minister  Plenipotentiary  l(»  the  Inited  States. 

And  the  said  i>loni|»otontiarios  havinj;  oxohanyed  their  Inll  iiowois, 


44  TREATIES. 

wliich  wore  found  to  be  in  due  form,  have  agreed  upon  and  signed  the 

Article  I. 


following  articles: 


■■•v^: 


ilis  Majesty  the  Emperor  of  all  the  Russias  agrees  to  cede  to  the 
Ignited  States,  by  this  convention,  immediately  upon  the  exchange  )f 
the  ratifications  thereof,  all  the  territory  and  d!)minion  now  jjossessed 
by  his  said  Majesty  on  the  c(nitin(  nt  of  Anu'rica  and  in  the  adjacent 
islands,  the  same  being  contained  within  the  geographical  limits  herein 
set  for*^h.  to  wit:  The  eastern  limit  is  the  line  <»f  demar<'ation  between 
the  I'assian  and  the  Hriti^h  possessions  in  North  America,  as  estab- 
lishe  1  by  the  conventi(Ui  between  linssiaand  (ireat  Britain,  in  February 
2S-l(i,  1825,  and  described  in  Articles  111  and  IV  of  said  convention,  in 
the  fidlowing  terms: 

CoimiiiMU'iii^'  tVniii  tile  southrrnino.sf  imint  of  tbe  island  called  I'rincc  oi"\yalcs  Is- 
laml.  wliicU  iioint  lies  in  tlio  parallel  of  "4  dcirrees  40  minutes  north  latitude,  anil  1>«- 
tweenthe  VMM  and  llie  13)^(1  dejji'ce  of  west  lou<;itinle  (nuu'idian  of  (Jreenwieli).  the 
said  line  shall  aseend  tii  the  north  alon^;'  thu  channel  calletl  Portland  eliannel,  as  fur 
as  the  point  of  the  continent  v.  iiere  ii  strikes  the  "iHth  dcjjnM' of  north  latitude;  from 
this  last-mentioncMl  point,  tlie  line  of  demarcation  shall  fcdiow  the  snnimil  (d'  the 
nionntains situated  ]>arallel  to  the  coast  as  far  as  tin-  jioint  of  intersection  of  the  Mist 
de;;ree  (d'  west  lon<ritiide  (of  thi'  same  nuM'idiaM) ;  and  llnally,  from  the  said  jioint  of 
intersection,  the  said  meridian  line  of  the  Mist  de'j;ree,  in  its  prolon.!;'.'ition  .-is  far  as 
the  Fro/en  ocean. 

1\'.  With  reference  to  the  line  of  demarcation  laid  down  in  the  preccdiii;;  artic  le, 
it  is  understood — 

Ist.  That  tbe  island  called  PrinciMif  Wales  Island  shall  helonn  wholly  to  Knssia 
(now.  )iy  thia  cession,  to  the  I'nited  .States). 

Hd,  Tliiil  whenever  the  summit  of  the  luountains  which  extend  in  a  direction  par- 
alhd  to  th<'  coast  from  the  "ilith  dc;^i-ee  <d'  north  latilude  to  the  point  of  intersection  of 
till'  lllst  de<>;r<'e  of  west  lini<;itude  sh;ill  prove  to  l)e  at  the  distance  of  more  tiiaii  ten 
marine  lea;i'nes  from  the  occiin,  the  limit  lietween  the  llritish  possessions  and  the  line 
of  coast  wliich  is  to  hi-hui;;'  to  Kussia  as  a  hove  lueutioned  (that  is  to  say.  t  lie  lii^il  to 
the  possessions  ceded  liy  this  convent  ion)  shall  lie  foinii'd  liy  aline  ]iai'allcl  to  tln^ 
windiiij;  of  the  I'oast,.  and  which  shall  never  exceed  the  distance  often  marine  lea^^iics 
theiefrom. 

The  western  limit  witliin  which  the  territories  and  dominion  conveyed, 
arecontainecl,  passes  through  a  jnant  in  IWdiring's  Straits  on  the  parallel 
of  sixty-five  degrei's  thirty  minutes  north  latitinle,  tit  its  intersection  l>y 
the  meridian  which  pas.ses  midway  between  the  islands  of  Krusenstern, 
or  Ignalook,  and  tlie  island  of  Jvatmanoff,  or  Noonarbook.  ami  proceeds 
din-  north,  without  limitation,  into  the  sanu'  Fro/en  Ocean.  The  same 
western  limit,  beginning  at  the  same  initial  point,  proceeds  theiu'e  in  a 
course  neatly  southwest,  through  Behring's  Straits  and  Mehring's  Sea, 
so  as  to  ])ass  midway  Ix'tweeii  the  northwest  point  of  the  island  of  St. 
Liiwreuee  and  the  .soutlunist  ])oint  of  Cape  (Jluaikotski,  to  the  meridian 
of  one  Imndred  and  seventy  two  west  longitude;  thence,  from  the  in- 
ter.secticsn  of  that  meri<liaii,  in  ii  southwesterly  diiection,  so  as  to  pass 
midway  between  the  island  of  Attou  ami  the  < 'iijipci  Island  of  the  Ko- 
mandorski  (couplet  or  gi'oiip  in  the  Xorth  I'acilic  Ocean,  to  the  meridian 
of  one  hundred  and  nii,^  ty-threc  degrees  west  longitude,  .so  as  to  include 
in  the  territory  i-onveyetl  the  whole  of  the  Aleutian  Islands  east  of  that 
meridian. 

Article  11. 

In  the  cession  of  territory  and  dominion  made  by  the  ])receding  arti- 
cle iire  in<-lnded  the  right  of  property  in  all  pultlic  lots  and  sipDires, 
vaciint  liinds,  antl  all  |)iiblic  bidldings,  forti  Ileal  ions,  liarracks,  iiiid  other 
edilices  which  are  not  private  in«lividual  property.     It  is,  however,  un- 


UNITKD    STATES    AND    RUSSIA,   18G7. 


45 


(lovstoud  an«l  agreed,  tliat  the  cIiiu'cIk's  wliioli  liaA'o  beon  built  in  tli« 
c<'do(l  territory  by  tlie  Russian  (Joveriiineiit,  sliall  reniairi  the  property 
of  sueh  members  oftiie  Greek  Oriental  Chureh  resident  in  the  territory, 
as  may  ehoose  to  worshi[>  therein.  Any  jioverninent  archives,  pajieis, 
and  documents  relative  to  the  territory  and  dominion  aforesaid,  which 
may  be  now  existing  tln're,  will  be  lett  in  the  possession  of  the  aji«'nt  of 
the  United  Stales;  but  an  authentieared  copy  of  such  of  them  as  may 
lie  recpured,  will  be,  at  all  times,  <iiven  by  the  Tnited  States  to  the 
Russian  (loveinment,  or  to  such  Russian  oliieers  w  subjects  as  they  may 
apply  for. 

Article  III. 

The  inhabitants  of  the  <*eded  territory,  accoidin<>-  to  their  choice,  re- 
^ervin^  their  mitural  allejiiance,  may  return  t(»  Russiii  within  three 
years:  but  if  they  should  prefer  to  I'emain  in  the  ceded  territory,  they, 
with  the  exception  of  uncixilized  native  tiibes,  shall  be  admitt<'«l  to  the 
enjoyment  of  all  the  ri<4hts,  advantaji'es  and  inimnnities  of  citizens  of 
the  Tnited  States,  and  shall  b(;  maintaiM(;d  and  protected  in  tin'  free 
eiijoymcnt  of  their  liberty,  pi-operty  ami  relij^ion.  The  uncivilized  tribes 
will  be  subject  to  such  laws  and  re««ulations  as  the  IJinteil  States  may, 
from  tim«'  to  time,  a(h>pt  in  rejj;ard  to  abori^^inal  tribes  of  that  country. 

Article  IV. 

His  Majesty  the  Emperor  of  all  the  Russias  shall  appoint,  with  eon- 
veineiit  (lespatcli.  an  ayent  or  aj^eiits  for  the  i)Mrposc  of  ibrmally  deliv- 
ering;'to  n  siujilar  a}>ent  or  agents  appointed  OM  behalf  of  the  Cnited 
States,  the  teriitory,  (h>nMnion,  i»rop«'rty,  (b'pendt'ncies,  and  a]>purte 
nances  whieli  are  ceded  as  above,  and  for  doiiij;  any  other  act  which 
may  l>c  necessary  in  re.yard  theieto.  Rut  the  cessicni.  with  tli«^  rijihtof 
immediate  possession,  is  nevertheless  to  he  deenuMl  c(»m]»lete  and  aI)so- 
liite  on  the  exchange  of  ratilicat ions,  without  waiting  for  sm-h  formal 
delivery. 

Article  V. 

Immediately  after  th      \change  of  the  ratilications  of  this  conven 
lion,  any  fortifications  (*i  military  posts  which  may  be  in  the  ceded  ter- 
ritory shall  l>e  delivered  to  the  agent  of  the  United  States,  andany  Rus- 
sian troops  which  may  be  in  the  t<  1  litory  shall   !>•   withdrawn  as  soon 
as  may  be  reasonably  and  convenu'ntly  practicabi  . 

Article  VI. 

Tn  eonsideraticm  of  the  cession  aforesaid,  tin  United  Stat(>s  agree  to 
|>ay  at  the  Treasury  in  Washington,  within  t.  n  montiis  after  the  ex 
<-hangeof  the  ratilications  of  lids  <M»nvention,  to  the  diplomatic  repre- 
sentative or  other  agent  (»f  his  Majesty  the  Kmiteror  ol'  all  the  Rnssias, 
duly  authorized  to  leceive  the  same,  seven  million  i  svo  hundred  thou 
sand  dolh-M's  in  gold.  The  cessicm  <d'  territor.x  md  <lonnidon  herein 
made  is  lieieby  declared  t(t  l)e  fn-e  ami  uiMncuniliered  by  any  reseiva- 
tions,  privih'g«'s.  franchises,  grants,  or  i^ossossions,  Ity  any  associat«'d 
companies,  whether  i-orjiorate  or  incorporate,  Russian  Or  any  other,  or 
by  any  paities,  except  merely  private  individual  pntperty  holders;  and 
the  cession  hereby  made,  conveys  all  the  rights,  franch'ises,  and  priv- 
ileges now  Itelonging  tit  Russia  in  the  said  territory  or  dominion,  and 
appurtenances  thereto. 


4G 


TUKATIKS. 


AuTif'LE  vir. 

VVlicn  tins  convention  sliiill  hiivc  boon  duly  riitified  by  t\u'  Pn'siMonfi 
ol'tlio  United  8tiito.s,  by  and  witli  tiio  iidvioo;ind  consoni  ol'tlio  S<Miiito, 
on  llio  ono  part,  ami  on  tlio  otlioi-  by  liis  IVFaJoMty  tlio  ICnipoi'or  oi"  all  llio 
|{iissias,tlio  rat ifioiit ions  sliidl  booxoliiin;;'od  iit  Wasliiiij;ton  witliin  tiiroo 
nionilis  ti'oni  tin^  diitc  lioreol',  oi-  sooniM',  if  possible. 

In  faith  whoroof,  tlio  lospcctiv*'  plouipotontiario.-;  Iiavo  siynod  this 
i'onvontion,  iind  thoreto  allixod  tli«'  soiils  of  tlicii-  aims. 

Dono  at  VV^ashiiifitoii,  the  thirtieth  day  of  Miiroli,  in  th'>  year  of  onr 
Lt>rd  one  thousand  eight  hundred  and  sixty-sovi'ii. 


J..  S. 
L.  s. 


William  11.  Srward. 
Edouaud  de  Stoeckl. 


8a  \raJost^>  rEnii)ereur  do  toutos  lea  Ruasiesot  les  Etata-TTnisd'Ain('»- 
riquo,  (b'sirant  rafTonnir,  s'il  est  possible,  la  boniio  iiitolliKonco  qui 
oxiste  entre  eux,  out  noiniiH',  a  ct't  etfet,  i)oiir  lours  IMonipotontiairos, 
savoir:  Sa  ^lajoste  rKm|)orour  do  toutos  les  Jliissios,  leConsoillor  Trive 
Kdouard  do  Stoeckl.son  Envoy*''  Kxtraordiiiiiire  et  Ministre  Plonipoton- 
tiaire  aux  Ktars  I'liis;  et, 

he  I'lesidont  dos  Etats -Unis,  lo  Siour  William  II.  Seward,  So.erotaire 
d'Etjit; 

L<'S(iuols,  apres  avoir  eohiiiifio  lours  pleins-]»ouvoira,  trouves  eu  bonne 
et  due  forme,  out  arrete  et  sigiie  les  articles  suivans: 

Article  I. 


!.      'w. 


Sa  Majeste  I'Einporour  do  toutos  les  Rnasioa  a'engago,  par  cetteoon- 
venrion,  i\  eedor  aux  Etats-Unis,  iminediatenient  apres  IV'chaiiK'o  des 
ratitications,  tout  lo  torritoire  avoc  droit  do  Souvoraiiioto  actuollement 
poss«''de  i)ar  Sa  jMiijosto  sur  le  coiitinont  d'Amerique  ainsi  que  les  ilea 
oontijiiies,  lo  dit  torritoire  ('tanteompris  dans  les  limites  goograplii(pu's 
ci-dossous  indiqueos,  savoir:  la  liiiiite  orientalo  est  la  li^ne  do  domar- 
cation  entre  b's  possessions  Kussosot  IJritanniquosdans  rAineri<|Uodu 
Nord,  ainsi  <pr«'lieest  etablie  par  la  Convention  oonolue  outre  l;i  Kussie 
et  la  Grande- lirotaji'ue,  lo  V^  Kevrier  1.S25,  et  detinie  dans  les  toriuea 
suivans  des  articles  111  ot  IV  do  la  dito  (uuivention: 

A  jiarlir  dii  ]i(iint  le  plus  iiu'ridional  tic  I'ilo  ditc  I'riiice  ofWalis,  Icqiicl  point  so 
tnnivf  sons  la  iiarallMc  dii  r>l""  ilt'uro  10  niinntcs  <li>  latifmlc  nord,  i!t;  cntro  le  ll^l'""' 
et  le  1H8""  d('i;io  di'  loiijfitndc  oucst  (nirridicn  dc  lii'ccnwich),  la  diti'  lij^no  ronioii- 
teva.  an  Xord  li'  lony;  dc  la  passo  ditc'  Portland  Clianiicl.  .ins<|u'au  ])oint  d<!  la  tcrro 
fcrnio,  oil  idle  attt'int  Ic  "16  ""  dcjiro  ih' latitude  uoi'd;  de  ce  ileruier  |>oint  la  lii>no 
de  dtMiiarcatiou  snivra  la  cretc  des  nionta;<;urs  sitnees  paralleleineiit  a  la  cAte  JiiHtin'aii 

jioiut  d'intciseclion    dn  1(1 (Ii'<;r«<  do  lonjfjtude  onest  (nienie  nieridien);  et  linale- 

nieut  dn  dit  point  d'interseition,  la  menu'  li,i>no  i.'U'ridietine  dn  141""-' degrt'^  forniera, 
dans  s(ni  ]ir(donj;eineiit  Jusiiu'a  la  nier  (ilaciale,  la  lii"ite  outre  les  imsst'ssioiis  Jiusses 
et  lti'itaiini(|Ue8  sur  le  coutiuent  de  rAnieii(|Uo  Noi'd-(Juest. 

IV.  II  est  entendn,  jiar  rapport  k  la  ligiu!  de  demarcation  dt''torinin<^o  dans  I'artiele 
precedent : 

1".  (^ue  I'ile  dite  Prince  of  Wales,  ai)]iartieiidra  toute  entiere  A  la  Hnssie:  (niais 
des  ce, jour  en  vertn  de  eette  cession  aux  Ktats-Knis.) 

2".  C^ue  partout  011  la  crete  des  nn>iitagni's  (|ui  sYtendent  dana  nno  direction  i>a- 
rallele  ii  la  cote,  deiinis  le  ."50""'  degri'  de  latitude  nord  an  (loint  d'intersection  dn 
•J-ll""' degn^  <l<  longitinle  onost  se  tronverait  a  la  distance  de  )>lns  de  dix  lienes 
niarini  -  <le  TOci'iin.  la  liiuite  entre  les  jiossessioiis  Hrit.'iuni(|ne8  et  la  lisien;  de  cole 
ineiiliuniiee  ci-dessus  connne  devaut  apparti  nir  a  la  Kussie  (c'est-a-dire  la  liinite  des 
jxissessions  ctMloes  p;ii-  eette  Couveutiom  sera  fornico  par  une  ligue  ))iirallele  aux 
sinnosiles  de  la  cote  ot  qni  no  ponrra  Jamais  (mi  etre  eloiyueo  nue  de  dix  lioues 
uuuiuett. 


UNITKI)    STATES    AND    UI'SSIA,   lS(i7. 


47 


point  so 

lo  VM"" 

reiiiDii- 

la  tcri'o 

la  lijliio 

jllHqn'illl 

it   liuulf- 
i'oriiicrn, 

118  lin8Ht!8 


*ie:  (inais 


::l 


Lii  liinito  Oci'idiiiitiihs  dcs  teri'itoirt's  vOdvH  |)iisso  p;ii'  iiii  point  iiii 
(h'troit  (l«'  liclirinj;  sons  la  piiriillMc  dii  soixaiito  ciiMiiiioiih'  <l('j;r('i 
trniU'  iiiimii«'s  <lc  latitude  Nord  a  son  intnsccfion  par  le  nit'-i-idicn 
([ui  st'paiv  a  distance  «'?j'alo  les  ilos  Krnsonstcrn  on  Ij>iialoolv  vt  I'ile 
JvatMianow  (»u  Noonarbook  vt  nMnonte  en  lijjne  dir<u'fe,  sans  limita- 
tion, vers  le  Nord  Jns«in'a  ce  ([u'elle  se  pcrde  dans  la  nnT  (ilaciaic. 
('oMMnen«;ant  an  inr-iiie  point  de  dt'part,  cette  liniite  Oecidentale  snitde 
la  un  «'onr,s  presipieSnd-Oncst,  a  travers  ledetroitde  iJclirinj;'  et  la  nicr 
de  ISei.viny'.  de  nianiere  A  passer  a  distance  ej;ale  entre  h;  jioint  Noid- 
Oiu'st  (le  Tile  Saint  Laurent  et  le  point  Siulest  du  <*ap  (iioukotsUi 
jn.Miu'au  niciidien  cc^nt  soixante-douzieine  d(!  lonjjitude  Onest;  de  «m', 
point  a  paitir  d(^  Tinterseclion  (hi  «•«,'  nieridien,  cetie.  liinite  suit  nn«'  di- 
rection Suil  Onest  de  nianiere  a  passer  a  distance  (''^iale  entr<!  I'iltMrAt- 
touetrileCopperdu  ^rouije  d'ilots  Koniand<n'skidans  TOcc'-an  Pacilitine 
Septentrional  .jns(iu''au  nn'-ridien  decent  (|uatre  vin^it  treize  de;;'r<''s  tW, 
lonj;itude  Onest,  de  nniniere  i\  enelaver  dans  le  territoire  cede,  toutes 
les  lies  AN'outes  sitiiees  a  Test  de  ce  meridien. 

Article  11. 

Dans  le  teiritoire  cede  ])ar  Tarticle  ]M'ecedent  a  la  Soiiverainete  des 
ritats  I'nis,  sont  coinpris  le  <lroit  de  i)r(>priete  snr  tons  les  terrains  et 
places  ])ublics,  terres  inoccnpees,  toutes  les  constructions  pul)li(|ues, 
lortilications,  casernes  et  antres  edilices  (pii  ne  sont  pas  propriety  ]Miv<''e 
individnelle.  11  est  tontefois  entendn  et  eonvenu  (pie  les  ('';;lises  con- 
struites  par  le  (JonvernenHMit  Uusse  snr  le  territoire  ced('',  icsteront 
la  pr(»priet(''  des  ineinbres  de  TEglise  (irec(pie  Oi'ientale  r('si(laiit  dans 
ce  Territoire  et  appartenant  a  (m^  culte.  Tons  les  archives.  pa|»iers,  et 
docuniens  du  (Jouvernenieiit  ayaiit  trait  an  susdit  territoire,  et  (pii  y 
sont  inaintenaui  d(''pos(''s,  sta'ont  place's  entre  les  mains  de  raj>ent  des 
Ktatsl'nis;  Mais  les  Etats-Unis  Ibuiniront,  tou.j(»urs  quand  il  y  auia 
lieu,  des  copies  l(''<>alis(''es  de  ces  do(;innens  au  (jrouvernein(;nt  Kusse, 
aux  otiiciers  ou  sujets  Itiisses  rpu  pourront  en  faire  la  demande. 

AiiTiCLK  II r. 

n  est  r('serv('  aux  habitans  du  territoire  c(''d(''  le  clioix  de  garder  leur 
nationaliti'  et  de  r(Mitrer  en  Ifussie  dans  I'espace  de  trois  ans;  mais  s'ils 
preterent  rester  dans  le  territoire  ccMb',  ils  seront  admis,  a  rexceplion 
toutetbis  des  tribus  sauvages,  a  Jouir  (le  tons  les  droits,  avantaji'es  et 
iniinunites  des  citoyi'iis  des  Etats-lTnis,  et  ils  sei-ont  maintenus  et  |»ro- 
t('';it's  dans  le  plein  exercice  de  leur  libert<',  dntit  de  propriiite  et  reli- 
yi(tn.  Les  tribus  sanvajics  seront  a.ssuj(Hies  aux  l(»is  et  r(''f>lenKMits  que 
les  Ktats-lTiiis  pourront  adopter,  de  terns  en  teius  a  l'6{jard  des  tribus 
aborigeues  de  ce  pays. 

ARTirLE  IV. 

Sa  Arajestj;  rEnq)ereur  de  toutes  les  IJussles  nommera,  anssitU  quo 
l»os.  ibie,  un  agent  ou  des  agens  cliarg(''M  de  remettre,  tbrmellement  a 
Tagent  on  aux  agens  nomines  par  les  Etats  Tnis,  le  territoire,  la  Sou- 
vevaineb',  les  iu'opriet(''s,  dependances  et  appartcnances  ainsi  c«^'des  et  de 

dresser  tout  autre  acte  (pii  sera  n(''cessaire  a  I'aci plissenu'nt  de  cette 

trans)n_tion.  Mais  la  cession,  avec  le  droit  de  possession  inmu'diate,  doit 
tontefois  <''tre  coMsiden'-e  compli'te  et  absolue  a  rechange  des  ratitiea- 
tious,  sans  attendre  la  remise  tbrmelle. 


Sk 


48 


TUKATIKS. 


,  1 

Article  V. 

TminiMliiiif'ineiit  apW's  lY'dianjiiMlcs  riitilir;ifioiis«l«'<'ctt«'  (Nmvoiitloii, 
les  fortiticatioiis  vt  Ics  postcs  iiiilitain>,s  <|iii  sc  troiiv«'r<nit  snr  lo  tcrri- 
toiie  <*(''<1l'  scroiit  roiiiis  a  ra<>ent  iW«  Utats-Iiiiis  ef  h's  tiou»«('s  liiisses 
(|ui  soiit  stationiH'cs  dans  le  (lit  tenitoiro  scront  retiroes  «l:ui.s  iia  tonne 
praticable  et  qui  i»uisse  convt'iiir  aux  deux  parties. 

Ahticlk  VI. 


|:.| 


Ell  «'i»usid(''ratioii  de  la  susdito  eessioii,  Ics  Etats-Unis  sVuyagent  h 
paj'ei'  a  la  Tresoierie  a  \Vasliiii;>ton,  dans  le  terme  de  dix  iiaiis,  apres 
IV'cliaiij'e  des  ratilications  de  ei'tte  Coiiventinii,sept  n:»lli<)iis  deux  cent 
niille  (lollars  en  or,  au  Repivsentaiit  dipIoniati(|ue  ou  tout  autre  ayent 
<le  Sa  Majeste  rKiiii)ereur  de  tontes  les  Uiissies  dfiin^nt  autorise  si  re- 
eevoir«'ette  soniine.  La  cession  diiTerritoireavee  droit  de  Souverainete, 
tiiiteparcette  Convention,  estd(''clar(''e  libre  et  dejuagee  de  tontes  reser- 
vations. piivile«>;«'s.  francliiscson  possessions  par  des  eonipagnies  Kusses 
oil  toiite  autre;  legaleinent  ('(Mistituees  on  autreinent,  on  par  des  asso- 
ciations, sauf  siinpleineiit  les  proprii'taires  possedant  d«'s  bieiis  prives 
individiiels,  et  la  cession  ainsi  faite  transfere  tons  les  droits,  traneliises 
et  privilef^es  apparteuant  actiielleinenta  la  Russiedans  le  dit  territoire 
et  ses  dei>endances. 

Article  VII. 


Lorsque  cette  Convention  aura  etc  diuiient  ratiflee  par  Sa  ^Fajeste 
rEini>ereur  de  tontes  les  Rnssies  d'une  part,  et  par  le  President  des 
Ktats-Unis,  avee  I'avis  et  le  eonsenteinent  dii  Senat  d«'  Taiitre,  les  rati- 
ticaticMis  en  seront  ecU.infi.'es  a  Wasliinjitou  dans  le  terine  de  trois  mois, 
a  eonii)ter  du  Jour  de  la  signature  ou  plus  tot  si  faire  se  pent. 

En  foi  de  (juoi  les  ])leiiipoteiitiaires  resi)eetits  out  signe  cette  Conveii- 
ticni  et  y  out  appose  le  Si-ean  de  leur  amies. 

Fait  a  Washington  le  lS-3(>  jour  de  Mars  de  I'an  de  Notre  Seigneur 
niil-liuit  ceiit-soixante-sept. 


L.  s. 
L.  s. 


Edouard  de  Stoeckl. 
William  H.  Seward. 


OORRESPONDENOE    RELATING    TO   THE   AFFAIRS    OF 
THE  RUSSIAN  AMERIUAN  COMPANY.* 


FART  I.— ILLUSTRATING   RUSSIA'S    EXERCISE    OF  JURISDICTION 

OVER  BERING  SEA. 

^'<».  1. 

AhHtrai't  of  kiter  from  the  Minister  of  Finn  nee  to  the  Minister  of  Marine. 
Written  from  ISt.  Vetemlmra  April  t),  Ifij^JO. 

Tlie  I'oimuitti'O  of  Ministers  iipjmiiitJMl  by  llis  Mtijosty  on  tlie  Stii 
<l:iy  of  .Inly.  1S1J>,  iiistriicti'd  the  .>liiiister  of  Intcniiil  Attairs  to  coiloet 
all  inrormatioii  ohtaiiiahlc  rclatiiij;'  to  tin'  (Ictcriuiiiation  of  tiio  futuir. 
iiv;lits  and  privileges  of  tlie  Russian  Anierieaii  ('onipany. 

SnbsetiueMtly,  upon  hij>liest  request,  the  Department  of  Manufae- 
tmes  and  Inti'inal  Cohuneree,  tof^ether  witli  tiie  Russian  Anu'riean 
Company,  sulunitted  statements  (ui  this  subject  supported  by  the  an- 
nual reports  df  the  board  of  administration  and  by  the  testimony  of 
the  eumman(U>rs  of  ships  sailinji'  in  those  regions,  from  whieh  1  learn 
that  the  foreigners,  especially  the  eitizens  of  the  \oith  Ameru-an 
States,  come  to  our  Coioniesiu  their  shijjs  andearry  on  l>otlM)penly  and 
secretly  a  trade  with  the  native  inhabitants,  (U)ing  thereby  great  injury 
and  wrong  to  our  settlements  in  their  tralhc,  ami  also  endangering  the 
general  interests  by  furnishing  the  ishintU'rs  with  various  arms  ami 
amnniiiitions. 

In  view  of  the  recent  establishment  at  thes»'  Colonies,  and  of  the  r.b- 
sence  of  forces  required  to  prevent  su<'l  irregularities,  and  of  the  small 
?  umbei' of  Russians  scatteird  over  an  i.rea  of  nearly  l.iWO  versts.  the 
(Company  fnuls  it  impossible  to  occupy  all  localities  in  sulhcient  num- 
bers to  prevent  the  foreigners  from  maintaiidng  their  illegitinnit"  inter- 
(•ourse  with  the  native  inhabitants,  and  from  exercising  their  peruicions 
inlluence  upon  them.  J n  this  connection  1  have  taken  into  (•onsi<leia- 
tion  that  the  interests  of  the  Company,  its  establishments  and  obJ«'cts 
aie  inseparable  from  the  interests  of  the  (lovernment,  and  it  appears 
of  tlienutst  in)i>erative  iK'cessity  for  the  preservation  of  (uir  sovereignty 
in  the  nortlusestern  part  of  America  and  on  the  islands  and  waters 
situated  between  them  to  maintain  there  continuously  two  s''ipsof  the. 
Imperial  Meet. 

This  object  will,  in  my  opinion,  be  most  readily  accomplished  in  the 
following  numner. 

Starting  in  the  month  of  August  or  Sejjtember  of  the  present  year, 
oiu'of  these  armed  ships  can  sail  for  the  island  of  Sitka,  ami  the  other 
for  the  harbor  of  Petropavlovsk,  arriving  therein  the  month  of  April 
or  May,  IS21.  The  tirst  having  discharged  at  Sitka  any  cargc)  which 
may  he  intruste<l  to  the  conunander,  should  sail  to  the  northward  along 

'  Fac-i'imileH  of  the  origiual  docuuiouts  will  be  fouud  at  the  eud  jfthis  v'olume. 


50 


RUSSIAN    COJJUKSPONDKNCK    RKLATING    TO 


liM 


m 


iK-.> 


tlie  AiiHM'icaii  <'oiist  toKailiiik;  sImhiIjI  tlu'  (■(iiiiiiiiiii(1(>i- i'<.>('(>iv(>  at  any 
of  tlicsi' itlact's  no  special  iiironnatioii  as  to  lorei^ii  contrabandists  IVoiii 
th«'  nniiuij-'cr  ot  the  Russian  Anu'iican  Company's  Colonics,  he  may  pur- 
sue his  <'ourse  to  thi'  westward,  an<l  liavinj;'  tiiorou,uhIy  examined  the 
sliores  of  the  Ah'Utian  Islands,  the  coast  of  Kamchatka,  the  Kurile 
Islands,  and  the  interveninj;'  waters,  he  nniy  n^tui'n  for  the  winter  to 
the  harl>or  of  I'etropavlovsk. 

The  other  ship,  howcNcr,  having'  examined  the  eastern  coast  (»f  the 
Kanu'hatka  peninsula  n\)  to  (>2'^  of  northern  latitude  and  the  w«'st  coast 
of  America  from  this  latitud(>  to  th(>  island  of  Cnalaska,  and  the  intcr- 
veninji  waters, slionld  i)roceed  to  Kadiakand  fri>m  there  to  Sitka  for  the 
winter.  Tiieohjt'ctof  thecruisin<;of  twoofouiavme<l  vessels  in  thelocali- 
tics  above  mention«'d  is  the  jaotection  of  our  Colonies  and  the  exclusion 
ol  lorei;«n  vessels  eniia;;t'd  in  traflic  orindnstry  injurious  to  the  interests 
of  the  Russian  Company,  as  wellas  to  those  ofthe  native  inhabitants  of 
those  rej;ions. 

If  in  the  followinji;'  year,  1821,  two  similar  ships  are  <lispatched  from 
our  llaltic  ports  they  could  in  INIayor  June  ofthe  year  lSi,'2  lidieve  the 
ships  sent  out  in  ISl'O,  and  the  latter  could  return  to  their  home  ports 
by  the  middle  of  JSL'.J. 

In  this  manner  two  ships  of  war  would  always  be  present  in  the  Col- 
onies, and  the  Company  would  be  assured  of  their  protection.  In  ad- 
dition to  the  other  advantaj^'cs  resultinjifrom  this  arrangenuMit  it  would 
afford  a  most  excellent  opportunity  for  theoflicers  of  the  Imperial  navy 
to  perfect  themselves  by  practice  in  the  seieiu-e  of  naviji'ation. 

In  submitting  this  proposition  to  your  Excellency,  1  consider  it  un- 
lU'cessary  to  enumerate  in  detail  the  advantajies  resulting  therefrom, 
but  you  nuist  n<»t  onut  to  take  into  consideration  the  expenditure  in- 
volved in  such  an  undertakin}?.  It  therelbre  becomes  necessary  to 
know  how  much  the  tittinj;' out  of  such  shipsainlthenniintenanceof  their 
ciews  would  e«»st  the  treasury.  We  should  also  know  whethi'r  it  be 
possible  for  such  ships  to  take  in  addition  to  jnovisions  and  stores  tor 
their  own  use  durinii'  a  jteriod  of  thiee  years  any  other  sujiplies  which 
may  be  needed  in  Kamchatka  and  Okhotsk,  and  how  nnich  of  their 
toninijiie  could  be  devoted  to  the  latter  object.  This  information  would 
be  useful  also  for  other  purposes. 

The  (lovernor-Ccneral  of  Siberia,  in  his  rei>ort  on  the  impoverished 
condition  of  the  Yakutsk  country,  points  out  as  the  principal  reason 
for  this  condition  the  burdens  imposed  ui)on  the  ja'ople  throujih  trans- 
portation ofCiovernment  and  commercial  carjioes  overland  from  Yakutsk 
to  Okhotsk.  If  by  uieans  of  the  vessels  of  the  Imjierial  tleet  to  be 
disi>atched  to  those  shores  the  Yakutsk  people  are  relieved  from  this 
service,  they  may  devote  their  energies  to  cattle-breeding,  alreaily 
established  among  them  them  and  thus  better  their  dei)lorable  condi- 
tion. 

If  your  Kxcellency  should  find  an  annual  dis])atch  of  two  such  ves- 
sels, as  suggested  above,  practicable,  and  if  the  two  vessels,  or  one,  as 
the  case  may  be,  could  take  in  addition  to  their  own  sni)plies  a  certain 
quantity  (jf  arms  and  anununition  for  Okhotsk  and  I'etropavlovsk, 
such  a  measure  W(mld  relieve  the  sutt'ering  Yakutes  and  at  the  same 
time  afford  a  partial  reimbursement  of  the  (lovernment's  expense.  A 
force  of  scddiers  and  sailors  shoiUd  also  be  stationed  at  the  two  ports 
mentioned  above  in  order  t()  till  all  valiancies  caused  by  death  or  other- 
wise in  the  comnuinds  of  the  cruising  vessels. 

In  thus  laying  before  you  my  thoughts  on  the  subject  I  am  permitted 
to  statp  that  they  have  received  the  highest  cousideratiou  of  Ilis  Xmjje- 


THE    RI'SSIAN    AMERICAN    COMPANY. 


^4 


;> 


rial  Miijcstty,  jiiid  I  can  iissurc  your  Kxccllency  that  the  in-oposition 
iiu'cts  with  the  hij^lu'st  ajtin'oval,  juhI  this  matter  is  submitted  to  yon 
now  t(»  enalth'  yon  to  i'onsich'i'  the  airanji'ements  necessaiy  to  he  made 
lor  tiie  pnrpose  of  takinji'  in  dn«'  tim*^  action  iookinj;'  to\var<l  a  renewal 
of  the  priviU'jics  and  rijihts  mtw  enjoyed  by  the  IJussian  American 
Company  nn(h'i'  1 1 ij>liest  protection. 
Tiue  copy. 

Zklknskiv, 
Chief  Clerk. 


litted 
Impe- 


No.  2. 

Letter  from  the  Minister  of  Finnncc  to  the  Board  of  Administration  of 
the  iiiiNsian  American  Company.  Written  from  ist.  I'etersljurff,  April 
10,  Jsjjo. 

[Conliflontial.] 

The  report  of  yonr  board,  dated  November  14,  1S1!>,  has,  up  to  this 
time,  remained  unanswered,  because  the  necessary  information  concein- 
inji  tlie  contracts  <!onchuled  with  tlie  Knj-iishman  IMgott  iiad  not  l»e«'n 
received.     Of  tliis  tlie  board  sjsoke  in  its  report. 

The  information  is  now  at  liand,  havinj;-  been  received  on  the  .{d 
ultimo.  At  the  same  time  I  also  leceived  detailed  statements  of  tlie 
ai)pointment  by  the  (iovernment  of  Court-Councilor  Dobello  as  resident 
ajicnt  on  the  island  of  ^Manilla,  and  of  the  pr<ip)sitions  of  this  ollii-er  to 
dispatch  a  vessel  from  theie  to  Kanu;hatka  wMtii  provisions  in  order  to 
C(»nvin(;e  the  (Jovernment  how  cheaply  the  country  nmy  l)e  supplied 
from  the  Philippine  Islands.  Mr.  Dobello  also  i«'(pu'sted  ]>ermission  to 
disitatch  from  Manilla  to  Cronstadt  two  ships  with  tea  and  (»ther 
Chinese  floods. 

.Ml  thes»' ])ropositions  were  duly  submitted  to  His  MaJ<'sty  the  Km- 
])eror,  and  I  have  now  received  the  following  liiyhest  deciision  of  His 
Imiierial  Majesty: 

1.  That  thecoiitractentered  intowith  the  Enfjlislnnan  Piyotcan  not  b(^ 
sustained  by  the  (lovernment;  but  since  the  whalinji' industry  may  lie  of 
use  as  a  nu'ansofsecuriiifj' subsistence  to  the  inhabitants  of  Kamciiiilka 
an<l  Okhotsk  in  cast' of  failure  in  tiie  tisheries.and  as  a  basis  lor  estal>Iish- 
iufj  a  new  branch  of  trade  from  whi<'h  the  IJussian  American  Company 
may  derive  considerable  prollt.  His  lmi)erial  JMaJesty  has  most  };ia- 
ciously  deigned  to  turn  his  attention  to  this  subject  and  has  e\press«'d 
the  o|»inion  that  for  this  purjmse  a  shi])sh(mld  be  emi»loyed,  furnished 
with  all  iH'cessary  im])leuuMits  and  instruments  and  nmnned  with  the 
very  best  otticers  and  sailors.  To  enable  the  Com|)any  to  secure  skilled 
masters  \'uv  inau,i>urating  this  enterjuise,  Mr.  Dobello  has  been  in- 
structed to  endeavor  to  obtain  such  with  the  understandinji-  that  in 
a<l<lition  to  their  salaries  they  shall  be  entitled  to  certain  icwan'.s  and 
premiums,  includiufi-  one  pond  of  oil  from  every  whale  ov  other  imirine 
animal  killed  by  them. 

'2.  The  commander  of  the  (lovernment  of  Irkutsk  is  hereby  instructed 
to  forbid  all  foreifjuers  except  such  as  have  become  KMissian  subjects  to 
enter  the  mercantile  guilds  or  to  settle  in  business  in  Kamchatka  <u' 
( )khotsk;  also  to  entirely  prohibit  foreign  merchant  vessels  from  trading 
in  these  localities  and  from  ancluuing  in  any  ]><ut  of  lOastern  Siberia, 
except  ill  case  of  disaster.     (In  such  cases  great  cure  shouhl  be  takeu 


LIBIMfty 
UNIVERSITY    OF  ALBERTA 


62 


Rl'SSIAN   CORltKSPONDKNCI-:    RELATING    TO 


i     |«^.|i1 


'I    i;;i:! 


that  no  pat't  of  their  cavfjo  be  dischaifjod  or  sohl  to  anyliody,  muU'r 
pain  of  contiscatioii  of  tlio  shi]).)  It  is  liei-cby  oith'nMl  that  the  local 
antlioritit's  shall  inform  the  Kn;{lishinaii  Davis  at  Okhotsk  and  Dohcllo's 
iiiivwi  in  Kamchatka  that  the  (iovcrnincMt  does  not  permit  them  to  re- 
side in  those  i)la('«'s,  much  less  to  erect  biiildinjis  oi'  other  immovable 
])roperty.  In  consideration  of  said  prohibition  they  will  be  awaided 
damages  and  afforded  evi'ry  facility  on  the  pait  of  the  loc.d  anlliorilics 
to  dispose  'vf  their  i)roperty  and  to  take  their  departure.  Mr.  hobello, 
however,  is  hereby  instructed  that  the  ship  which  he  jiroposes  to 
dispatch  from  the  INiilippine  Islands  to  Kamchatka  may.  on  tiiis 
sin;sle  o«'casion.  take  floods  as  well  as  jtrovisioiis,  and  In*  shall  be  pei- 
nnttcil  to  dispsise  of  the  same.  Ibit  to  i)reveiit  him  from  dis]»atcliin;«' 
such  Vi'ssels  in  ti;e  future,  lu'  is  pernutted  to  sujiply  only  K'ussian  ships 
belon};in{;  to  the  ('overnment  or  to  our  Anjcrican  ('omi>any,  which  may 
call  at  Manilla  for  suppli<>s. 

.'t.  I'ermissii::i  is  denied  to  Mr.  Dobello  to  dis])atch  two  ships  toCron- 
stadt  with  tea  and  other  (Jhinese  jioods,  since  su<'h  operations  do  not 
ac«*ord  with  the  views  of  the  (lovernment,  and  lie  is  liei<'l»y  informed 
that  he  has  been  and  is  now  re(|uired  only  to  furnish  information  as  to 
the  ])i'ices  of  Chinese  <;-oods  at  Manilla  and  as  to  what  sujiplies  and 
production  from  Eastern  Sibeiia  could  be  profitably  disjxised  of  tlicie, 
to  the  en<l  that  all  such  inforn)ation  may  be  us«'d  for  tlu'  benefit  of  our 
American  Comi»any  in  all  its  various  ,,;Mimercial  transactions. 

IMirstnmt  to  this  hi;;hest  decision  I  have  already  a<ldressed  the  (lov- 
ernor-jicneral  <d' Siberia  and  the  IMinistei- of  Kcueifiii  Affairs  and  sent 
the  necessary  orders  to  Mr.  Dobello:  and  now  the  followinj-  pr<»|.osi- 
tions  are  laid  before  the  board  of  adnunistration  of  the  Russian  Ameii- 
can  Company: 

1.  From  the  whalin}"'  industry  on  the  eastern  shores  of  Siberia  the 
Government  expects  not  (udy  su<'h  advantajies  as  have  been  pointed 
out  by  the  (loveinoi'-CJeiuM-al  of  Siberia  and  by  the  <'ommander  of  tlie 
districts  of  Kamchatka  in  their  comnninication,  of  which  co])iesai'e  here 
with  apjumded,  but  discovers  in  this  industry  the  ju'omise  of  sjx'cial 
advantaji'es  to  the  C(mi]>any,  and  therefore  lu»pes  that  the  board  of  ad- 
ministration will  at  once  furinsh  the  means  necessary  for  takinji'  the 
]>relinunary  steps  towjird  the  inanj>uration  of  whalinj^'  in  those  wateis 
and  i)roceed,  without  waiting  for  tlie  information  reipu'sted  from  Mv. 
J)«)bello,  to  inform  itself  concerning  the  engagement  of  ex]>«'rienced 
masters,  etc.  A  shij)  should  be  i)urchased  at  cuice  and  dispatched  in 
the  following  year,  if  it  be  found  impossible  to  dos<»  during  the  jiresent. 

2.  Having,  for  the  benefit  of  the  Am»'rican  Com])any,  excluded  all 
foreigners  from  Kamchatka  and  Okhotsk  and  jjrohibited  them  fr<tni  en- 
gaging in  trade  and  frcnn  hunting  and  fishing  in  all  the  waters  of  East- 
ern Siberia,  the  (Jovernment  tiully  expects  that  the  ('omi»any,  on  its 
l)art,  will  hohl  itself  responsible  for  sui)i)lying  those  regions  with  all 
necessaries.  In  connection  with  this  requirement,  and  in  consideration 
of  a  request  from  the  (Jovernor-CJeiieral  of  Siberia,  the  board  of  admin- 
istration will  report  on  the  following  ]»oints:  A.  As  to  the  means  by 
Avhich  comnninication  can  be  ntaintained  between  Yakutsk  and  Okhotsk 
Avithout  t>ppression  of  the  Yakut  ])eo]de.  I>.  Whether  the  Comi>any  can 
undertake  bilainl  at  the  ports  of  L'etropavlovsk  ami  Okhotsk  provisions, 
es])ecially  tlour  and  salt,  from  their  correspondents  in  California  or  the 
IMjilipjiine  Islands,  in  8U<'h  quantities  as  may  be  recpiired  by  the  (lov- 
ernment forces  and  ofticials  and  by  all  other  inhabitants,  emidoying  for 
this  i>urj>ose  a  ship  which  nnist  visit  the  places  named  at  least  once  a 
year  and  at  a  time  previously  fixed  j  also  as  to  the  probable  cost  of  pro- 


TIIK    RISSIAN    AMI'KIC.W    CoMrANY. 


nn 


M- 

m 

ts 

'•:4 

)1] 

M 

>ll 

■1 

II- 

-i 

visions,  prices  tit"  tV«'i;;lit,  etc.     < '.  To  projjosc  niciisuirs  Coi    si  (Icxriop 
incut  iiiKJ  incrciisc  of  tiic  tisliiii<:  Iniliistiics  I'm-  tiic  Itciictit  nt'tlic  iiiitixti 
|io|)iil;itioii  of  KiiniciintUii  iiiid  Okliotsk.     h.  W  lictlicr  tlic  Coinpiinv  cnii 
iindcrtiikc  to  riirnisli  tlic  Wisfricts  ol'  KaincliiilUii  aihl  Okliotsk  wiili  nil 
tlic  ncccssnry  niticlcs  Mt'trnilc  wliicli  tlic  inlinintiints  now  rcc(>i\c  iVoin 

li'K'iit'^U'     mill  !it  \vli:it  ni  ices. 


No.  3. 


Lciin  from  ihc  Jinanl  of  Ailniinistrnfinn  of  the  linssitiu  American 
CiniijKiHji  to  i'i(i>t((in  ^i.  I.  MiiraricJ'.  itf  the  Imjuviol  Xori/,  Cliirf 
MoiKit/er  of  till-  h'lisNiauAiiicriain  Colotiirs.  Wiittcn  from  St.  I'dtris- 
bury,  April  L*o,  is^O. 

[('iiiitiiliMitinl.] 

On  tlic  loth  instant  tlic  .Miiiist<'r  of  Finance  connnnnicatcd  to  the 
Iniard  of  administration  in  a  nicssajic  marked  ctnitidential,  the  will  of  1 1  is 
Imperial  .Majesty  in  the  followiiiji  \vor<ls: 

1.  That  the  contract  concluded  with  the  ICnjilishman  Pifjott  is  disap- 
inoved  by  the  (lovernmeiit. 

li.  That  the  (lovernor  of  Irkutsk  he  instructed  to  allow  no  foreijiiicrs, 

'<l|k1\|-      Qllitlk       .lO      IkilfiL        1  v<k<..  .a.^^v       1.>.. :....  ...1.!...      i,      .  i.  .  .  :_i..        1  .. .  . 


e 
ci 


-.    •  ii.n   I  iiv.  MiF)  i-i  iiwi   ifi   iii\in:>K  in-  iiiKi  riirii'u  l<i  illi()\\    iin  i(n  eijiiicrs, 

xcept  such  as  have  become  Itussian   subjects,  to  Join  in  any  comniei- 
ial  guild  or  to  settle  iu  Kamchatka  or  Okhotsk;   al.so  to  strictly  pro- 


54 


RUSSIAN    rOHRESPdNnKXCr;    RELATING    TO 


V 


liihitiill  toi'eif]^ii  mcri-aiitilf  V('ss<>ls  IVoiii  visiting'  tlii'sr  iioint.s,  ortviidiii;; 
ill  any  oftlir  ports  ol"  Kastcni  Siberia,  except  in  ease,  of  disaster,  wIumi 
tlie  strictest  vijjilaiiee  must  be  exereisetl  to  prevciit  the  disposal  of  any 
of  tlie  vt'ssel's  eaifjo,  under  i)aiii  of  eontiscation  of  both  sliip  and  eary:o. 
At  the  same  time  the  Kn;<:lisliman  Davis  at  Okhotsk  and  DobeHo's 
a^eiit  at  Kamchatka  must  be  informed  that  tlie  (ioverniiient  does  not 
jiermit  tln'm  to  reside  at  those  places,  much  less  to  accpiire  houses  oi- 
other  iinmovable  property.  The  local  authorities  are  instructetl  to 
allow  them  dama;>es  for  the  immediate  disposal  of  what  projx'ity  they 
have  already  acquired,  and  to  s«'e  to  their  immediat<'  (h'partnre.  Mr. 
hitbellois  to  be  informed  that  the  ship  he  has  ]M'o|)osed  to  dispatch 
from  the  Philippine  Islands  to  Kamchatka  with  provisions  and  articles 
of  luxury  will  not  be  allowed  to  visit  Kamchatka,  unless  it  be  trans- 
ferred to  the  owiiershij)  of  a  Russian  subject,  ])refereiice  to  be  {jiven  to 
tlii'  Hussian  American  Company,  o])eratin};  under  highest  luoteetion. 

:>.  rennissioii  is  also  denied  to  Mr.  Dobello  to  despatch  any  ships  to 
Kronstadt  with  teas  or  other  Chinese  goods,  such  transactions  beinj; 
in  direct  contlict  with  the  views  of  the  Oovernment,  He  is  also  in- 
formed that  no  further  intercourse  is  possible  betwe«>n  him  and  tlx^  au- 
thorities (»f  l*iastern  Siberia,  and  that  ev«'n  if  supplies  should  be  needed 
fi-om  Manilla  or  any  other  adjacent  forei;>'n  <-oiintry,  such  transactions 
would  be  intrusted  to  the  hands  of  our  American  C(»mpany. 

!!•  viii;;' informed  you  of  these  hifi'hest  views,  the  board  of  administra- 
tion adds  the  tollowin*:-  explanation: 

The  contract  which  was  disapproved  by  tlu>  Imperial  (Jovernment 
was  concluded  with  I'ij^fott  on  the  IStli  of  .lune,  ISl!),  for  a  i)eriod  of 
ten  years  by  Mr.  IJiccord,  <'ommande5  of  the  Kanudiatka  district,  and 
('ourt-Coiincillor  Dobello  on  behalf  of  the  (Jovernment,  parties  of  tln^ 
tirst  i>art,  and  the  above  named  Kiifilishnu'ii  IMji'otton  behalf  of  himself 
and  his  partners,  Davis,  i'-bbets  and  Meek,  captains  of  Anu'rican  mer- 
chant vessels,  of  the  sec<tnd  part,  for  the  purpose  of  whaliny  and  hunt- 
in;;  inarine  animals  for  their  furs  and  oil  on  the  coasts  of  Kamchatka 
and  of  Kastern  Siberia,  in  the  harbors,  bays  and  straits,  and  on  the 
islands,  for  their  own  benetit  and  jirotit,  without  any  duty  or  royalty, 
and  with  the  privile^ye  of  «'arryiny'  the  Russian  flag,  and  with  the  ad«li- 
tioiial  jtrivile^e  of  tishing  and  of  slii|)])in^- the  catch  from  Kamchatka 
on  payment  of  lifty  kopeks  i)er  i>oud  on  salted  tisli.  This  contract 
was  naturally  considered  by  the  (lovernment  to  be  injurious  to  the  in- 
terests of  the  Company,  since  all  the  benetits  accru«'d  to  forei^neis, 
and  n(»  jn'ovision  was  made  to  ]n'otect  the  native  inhabitants  of  those 
regions  who  depend  for  their  ]>rincipal  means  of  sid)sisteiice  upon  tisli, 
which  under  this  contract  would  have  been  carried  away  by  foreigners 
b«'fore  their  longing  eyes. 

Having  thus  reaclie<l  the  conviction  that  the  real  object  of  those 
scheming  foreigners,  with  whom  it  appears  that  Dobello  was  allied  on 
t«'rms  of  intinnu'y,  was  not  only  to  obtain  the  privilege  of  killing  whales 
and  of  trying  out  their  blubber,  or  the  <-hase  of  other  marine  animals 
which  fri-qneiit  our  waters  that  wash  the  coasts  of  Kastern  Siberia,  but 
rather  to  gradually  obtain  contnd  over  our  Kurile  and  Aleutian  Islands 
tor  the  i)nrpose  of  hunting  sea-otters  and  fur-seals,  which  object,  had  it 
been  obtained,  would  have  crippled  the  Russian  American  Comi>any, 
the  board  of  administration  exi)resses  the  following  opinion: 

As  soon  as  the  Imperial  Government  atxu'rtained  that  the  C(mtracts 
made  were  in  open  violation  of  the  privileges  granted  the  ( 'omitany,  it 
prohibited  at  once  all  foreigners  not  only  from  settling  in  Kamchatka 
or  Okhotsk,  but  also  from  all  intercourse  with  those  regions,  enjoining 


THK    UI'SSIAN    AMKUICAN    ("OMl'ANV. 


SA 


flic  iiiitli(»riti«'s  III  iiiiiiiitain  tlui  strictest  surveilliuice  over  tlirir  novt'- 
iiiriils.  ISiisiiiu  your  own  action  upon  this  proceed in^^  on  the  part  ot 
oui'  llivjlicsi  l'r<»tcctor,  .you  as  cojjiniander  ol'al.l  oui  Coluuiiiamuatpru-— - 
liibit  Willi  c(iiial  stiictness  all  foieij'Mers  fioni  enyayiny  in  iiuy.  iutor- 
«v:)nrse  or  tr;uie  with  native  inhabitants,  as  well  as  trum  visiting'  the 
w.itein  {Veitneiitwl  by  sea  otters  and  I'lir  si'uls,  over  wiiich  ouroperutiuus 
eNiend,  under  the  i)eiialty  of  the  most  sev«'re  nieasiires,  incliulinj;'  th« 
«'ontiscatioii  of  ships  ami  the  imprisonment  of  crews  «'n;;a;ied  in  this 
ine;.val  trallie.  Von  must  act  with  the  greatest  severity  in  cases  where 
loreigiiers  iiav«'  soUl  t«»  the  natives  arms,  powd«'r,and  h-ad.  They  must 
be  made  to  muierstand  tliat  their  piesence  in  our  waters  is  contrary  to 
our  hiws,  and  that  tiiey  will  never  be  admitted  to  any  port  unh'ss  you 
(»r  your  sidtordinatc-  ccuivim-e  yourselves  that  such  is  nt'cessary  for 
the  saving  of  life,  in  a  w<u'd,  you  nuist  preser\e  an  attitmie  in  full 
accord  with  the  views  of  the  ImperiaKlovernnHMit  on  this  subjet't,  ami 
protect  against  all  intriulers  the  domain  of  land  and  water  granted  to  us 
l»y  the  giace  of  the  Kmperor,  and  necessary  for  our  continued  existene«' 
and  prosju'rity. 

Y»»u  nnist  transmit  these  instructions  witlumt  delay  to  your  sid>ordi- 
nate  c(»mmanders  for  their  <M»nduct  in  their  intercourse  with  Ibrcigners, 
and  especially  to  the  commanders  of  ships  navigating  our  waters,  to 
enaltle  them  t(»  drive  away  the  tbreign  intruders. 

Tlu'contuumication  from  the  Minister  of  Marine  also  contained  a  copy 
of  a  letter  from  the  pr«'scnt  (lovernor-General  of  Siln>ria  ('inbodying 
many  suggestions  and  opiidons  of  advantage  to  the  Company.  Of  this 
document  the  boar<l  of  atlndnistration  foiwards  a  copy  tor  your  guidaiu;e, 
to  enable  you  to  act  for  the  best  interests  of  the  Company. 

Mk'haei.  Kissin.EF, 

VKNI'IDICT   KliAMKK, 
ANDllKl   ISEVKIJIN, 

JJireitors. 
AiMML  L'.},  1820. 
No.  L'ti"). 

I*.  S. — We  hereby  inform  you  that  the  Government  has  decided  to 
dispatch  two  ships  around  the  woild  during  the  present  sunniier;  one 
to  winter  in  Kamchatka,  and  the  other  to  proceed  to  Sitka  and  to  cruise 
in  search  of  foreign  vessels. 


No.  4. 

Letter  from  the  Board  of  A<lmini.str((tion  of  the  liusshui  American  Com- 
paiii/  to  Capf.  M.  I  SlurarUf  Chief  Manager  of  the  Russian  American 
citlonies.     Written  from  ^St.  I'etershurij,  March  31,  18:21. 

Your  two  letters  from  Okhotsk,  of  the  L't'.th  and  28th  of  July,  have 
been  received  by  us  with  satisfaction,  but  with  still  greater  pleasure  we 
read  y(»ur  Just  rennirks  relating  to  vari(»us  subjt'cts  intimately  eon- 
nectcd  with  the  Company's  interests.  For  this  wis  render  yon  our  nu)st 
sincere  thanks,  wishinj;  v<m  at  the  sanu>  time  a  safe  arrival  at  y<mr  des- 
tination and  good  health,  vud  that  you  nniy  always  retain  at  iieart  the 
best  interests  of  our  Coinpan,'. 

Youi-  remarks  to  Mr.  Kiecord  can  not,  we  think,  have  been  very  ac- 


r)G 


RUSKIAN    COURESI'ONDKNCE    RELATINJ}    TO 


■■■'"    '•■  "^-y    " V. .,..<..- ,..,.„,,,,     ,  ,.,     , ,.,,,,     , ,^„, 

sioiis  iic(|uiit'(l  loiiii  :i.i:<>  lliioiijili  Iviissinii  <'iitt'r|»iisc  and  valor. 

Fntiii  tlu'  saiuf  iriinistciial  il<»(!iiiin'iits  you  will  see  that  tlicidouiiiaiiy 
lias  ht'cii  ui'.m'd  til  ciinaiic  in  the  whalinii  industry,  and  the  ncccssafv 
t'\|»eiiineiits  will  lie  ('nt(U'»'ii  into  at  once.  tliou;;li  we  know  Itcl'oieliand 
that  no  •i'leat  ])i'olits  will  acn-iie  to  us  theietVoiu.  since  Kaincliatka  and 
Okhotsk  ai«>  <listiiets  vny  tliiidy  populated,  atloidiiiii  hut  an  insiyiiili 
t-aid  niaikct  tor  whalf  oil.  and  we  could  iioi  sell  it  anywhere  else.  In 
these  docUMKMits  you  will  also  lind  that  the  (loverninenl  desires  tln^ 
Company  to  suppl.\  Kamchatka  ami  Okhotsk  with  Itreadstntl's.  hut  this 
we  are  compelled  teinpiuarily  lodecliiu'.      When  the  />'M/(»////(M-alled  at 

A!>iiiil1>i     tliiii'ii  .iiiMii'ii'jiil   fik  )ki.  iiik  iii*ii'l.'itt    ttki'  fill,  'ii'tiflikv  lit'   I.Siui^i'iii    III  111. 


i 


iiiciKl    iitMii  «    iiiiiiii  iiiii,   II     iiie   iiiiroKiiin    iiK'ie    iiii\i      iit'ii     u( 

Y(tur  inlormatioii  on  this  point  has  heen  ;iiatil\  iiifi;  to  us. 

I'pon  all  the  ipiest  iiUissuhmirted  l»y  Mr.  Vaiiovsk\ .  we  have  enihodied 
our  decisions  in  dispatches  already  tiu'warded  to  you,  accompaided  hy 
copies  of  all  papers  l(U'  use  in  case  of  loss  <.l  tin'  orij^inals  wlii<'h  were 
sent  (HI  the  Itonxliiio. 

Durinji'  the  pr«'sent  year  n<»  naval  v«'ssel  has  heen  dis])atciied  around 
the  world  for  t  he  protection  of  oin'  Oolonies.  hut  now  i  wo  ships  are  heiu;; 
titled  out.  to  the  connuaiid  of  which  'rulid)ief  and  I'ilatof  liavc^  heen 
appoiiit«'d,  the  former  hein^  iu  charue  of  tiie  sipiadron.  Vou  will, 
tlierelore,  have  an  ample  lorce  patroliinu  our  watejs  .ind  protecting;  our 
iideiests.  In  addition,  we  send  you  the  hriy-  Ik'iii  >l,-.  commanded  hy 
Master  Klolchkof.  The  liriy;  i>  to  return  to  us  after  cruisiui;  in  colo- 
nial waters.  In  the  aceoinoaii\  in;u  newspapers  and  lourinils  forwiirdeil 
hy  tin'  A'/o'/A,  with  the  ado  ioual  dispateln's,  y<ni  will  learn  the  state 
of  alVairs  in  Murope  ami  in  •ithcr  countries. 

l{eiiewin;i;  our  wishes  loi  \(Uii-  piosptuity  ami  ji'ood  health,  we  Itave. 
most  ;;raciotis  sir,  the  honor  to  I'emain,  with  the  most  siiu-ere friendship 
and  respect. 

i'uur  very  luiuible  servauts, 

jMlCnAKI,    KiSSKI.KF. 

\i;m;i)1(T  Kk'Ami'.u*. 

AMJKKI    8EVKKIN. 


TllK    liL'SSlAN    AMKRK  AN    COMPANY. 


57 


No.  ii. 

],fttrr  fmtfi  thv  lionril  of'  AthnitiiNtnitinii  of  tlir  l\ii.sHiiiii  Aiiiniron  Com- 
IKUil/  li>  ('<(i)t(ii>i  M.  I,  Miin(ri(/\of  llir  hnprritil Narii,('liir/  .]hnniii<ro/ 
fhr  liiinsiKii  Amrricdu  ColoiiiiN.  Written  from  St.  I'itrr.slnir(i,  Ainjiist 
.V.  /.s-v>. 

Ill  onWv  to  ('ii;il)lt'  you  to  issue  your  instructions  to  the  vaiions 
otiiccs  iind  to  tlic  niiinii,i;('is  <»r  tlir  isliinds  of  St.  Pan!  :uhI  SI.  (icoijiv., 
as  well  as  loi'  your  own  inrorniatiou.  we  inclosf  iu'rcwilli  a  statt'nu'nt  of 
tlit'NJfWs  fntortaiiMMJ  liy  tlic  (icnt'ial  (iovcrnnM'nt,  as  well  as  by  tin' 
nianayi'nu'ut  ut  tlic  ("oinpany.  Von  will  pcrcciNc  IVoin  this  statnncnl 
tinit  we.  as  wrilas  ili<'(iov«'rnnn'nt.  do  not  couutcnani'*' any  iiitcrcourso 
with  torci.n'in'rs.  or  iIm'  adinissnm  ol'  Corcij^.iicrs  within  the  |»r»'ciiM'ts  of 
our  possessions,  ('\<M'pt  in  case  of  absolute  uercssity.  Ilorctolbrt',  all 
sufli  transact  ions  liavc  <j,i'nerally  rcsnltcd  in  serious  losses  to  us,  ami 
the  very  presence  ol  foreigners  in  our  waters  Inis  in-conie  a  vital  (ines- 
tioii,  altc«tin;i  the  existcine  of  tin- Com  pa  ny.  The  board  of  adm  in  ist  ra- 
tion expects  you  to  exercise  the  utmost  vi;;ilain'e  on  this  subject.  au<l 
to  wain  all  district  commanders  a.iiainst  any  intercourse  with  foreijji.'is. 
To  eiialile  \  oil  to  comjily  with  these  instriicti<nis  more  strictly,  wo  shall 
lieiicelbrth  dispatcli  every  year  a  ship  with  supplies  tor  the  Colonies. 

V'KNliUlCT   Ki{AMi;i{, 

IHrector. 
ANUUEI   iSKVKKIN, 

J^ircctor, 

[InrloHiirf  in  No.  Ti.! 
Orders  fro  III  llm'  /{iinHiaii  Amiiinui  i'lniniiiiiij  to  i(s  limliok  oiynr.  .iiiijiisl  .t,  /S.'O, 

Tin-  deceased  l>araiiof  was  fretineiitly  instructed  to  abstain  as  far  as 
possible  from  all  intercourse  with  the  forei;i'iiers  visitinji'  our  Colonies, 
and  also  !<•  iiiforin  the  subordinate  ollicers  at  Kadiak,  I'nalaska.and 
the  s<>al  islands  on  this  sulijetrt.  Now  it  has  tie«'n  decided  to  dispatch 
aiiiuially  to  the  Colonies  a  ship  loaded  with  all  supplies  needed  tor  the 
maintenam'e  (»f  the  i)eople,  ships,  etc.  in  the  years  ISU;  and  ISIU  tln^ 
«h';;;  h'liliicof  and  horodino  were  ilispatched  with  valuable  caifi'oes, 
and  (liiriny  the  [U'cseut  year  the  Kiiliizof  wiU  be  a^iain  dispatched; 
t'onseqiiently  there  will  bo  no  lu'cessity  for  dealing;  with  forei{;ners 
in  the  matter  of  supi)lies.  It  is  the  desire  (»f  His  Majesty  the  lOmperor, 
which  has  been  communicated  to  our  ('(unpany,  that  all  such  inter- 
course should  cease,  and  that  the  benelits  arisiii<4'  from  the  possessions 
acipiired  by  Russia  on  the  coasts  of  Asia  and  America  should  ac(tnie 
wholly  to  tlu'benetitof  K'ussian  subjects,  and  especially  toiuir  C(»mpany 
under  its  Imperial  tharter.  The  Imperial  (lovcrnmeiit  has  also  issued 
ttrdt'i's  to  «'\pel  from  Okhotsk  and  Kamchatka  all  forei}>ners  who  come 
there  for  the  purpose  of  trade;  as  well  as  t(»  abstain  ln'iiceforth  from  all 
intercourse  with  any  foreij>ners  who  may  hereafter  visit  those  shores. 
For  the  sake  of  preserviu^  intact  our  valuable  privile^ics  in  the  waters 
over  wliit'h  our  trade  ami  industry  extends,  we  may  well  dispense  with 
such  articles  of  luxury  as  the  Ibri'if^neis  einU-avor  tctmake  us  purchase 
fr<»m  them.  Coiise«pieiitly,  each  ctnnmmaiMU'r  of  a  station  will  be  held 
strictly  responsible  for  the  slijfhtest  iniraction  of  these  riiUs,  or  the 
most  trivial  transactions  between  torei;'ners  and  the  people  in  his 
charffc.  liicasesol  necessity  |>roteclioii  will  be  all'oided  by  tUo  cuiu- 
inanders  of  New  Arehangel  and  of  Okhotsk. 

No.  4li(!. 

August  3, 1820, 
8 


:i 


t'l 


|{[ 


.58 


RUSSIAN    COlUiESI'ONDKNCE    KELATING    TO 


No.  (5. 


h( tier  from  the  Bonn}  of  Aihniiiisfnitio)t  if  fhv  Ixussittn  American  Com- 
poiiji  to  Cditlniii- Li'iUniont  tiiid  Knij/lil  U.  I.  MiiniricJ',  CliUf  Man- 
(ificr  of  the  linHiihin  Aim-riniii  cohniltn.  Writtvi:  frou)  St.  J'iUr.shiU'<f, 
March  i.T,  18^>1. 


u 
u 


m 

IS," 


Mr.  Yiinovsky,  in  liis  rpfuirt  titkIpt  (hit*-  of  iM'binary  LT),  1SL*().  Xo. 
H,  (l('S(')'il>iiij>'  his  inspect i(Mi  of  r  *-  fiir-spiil  industry  on  tiie  isliindsot 
St.  I'aul  and  St.  (ipoijic,  icniail;-  iiat  cxi'iy  year  a  n'lcatcr  nnndnT  of 
yonnji' bacln'ior  seals  is  iieiiij;  Ici'-u.  while  for  |iro|iaj;ation  there  re- 
mained only  the  fenniles,  seicateh.  and  half  sekateli.-  ( 'onsei|nently  only 
the  old  brcedinji'  aninnils  remain,  iunul  if  any  of  the  youn<i'  lire«'ders  ar« 
not  killed  by  antnnin  they  are  sure  rn  i»e  killed  in  tlie  following'  spriiij^f. 
l-'roni  this  it  naturally  results  tiniT  tIuh-  industry  decreases  e\e.y  year  in 
volume,  and  that  in  e(»u !•«<♦*•  i»t'  tin»-  i"  may  be  extin<>uished  entiicly,  as 
ean  clearly  !»('  seen  from  eXfterini^nriS  nnule.  In  order  to  avert  such 
disaster  it  would  be  to  our  i;real  ;.iiv;intap'  that  f<»r  one  y«'ar  nr*  seals 
at  all  should  be  killed.  TIhmi  strier  "Drders  should  be  issued  that  the 
annual  take  ol  seals  shouUl  not  e\t«e«-il  K»,(K)(»  on  .St.  Paul  and  10,(»(l() 
on  St.  (lecn^-e.  Mr.  Yanovsky  tlii:nk.-<  that  under  such  rules  the  fur 
seiil  will  not  coutinue  to  dnuinish,  Tiiie  board  of  administration  of  the 
t'lmipany,  while  aeknowle;iin;:  tlu'jusriic.'of  these  remarks,  would  ilesiro 
tlijit  these  measmes  be  t'niidoyed  <t«;Jy  in  <'ase  of  a  failure  to  discover 
otiier  seal  rookeries  on  islands  to  xXw  northward  and  southward  of  the 
Aleutian  chain,  which  ii  is  hoped  to  discover.  In  the  meantime,  on 
the  islands  of  St.  Paul  mmX  St.  (ieorye,  ev«'ry  thiid  year  the  first  "  pri 


val 


<»nlv  shonid  lie  worked  on  one  ot  the   islands,  in   tni'n. 


I'oi-  in- 


stance, if  on  one  island  rhe  first  ••  prh'al''  is  spaied,  killinj:  iVom  this 
••prival"  is  done  on  the  other;  and.  aj;ain,  when  a  i>eriod  of  rest  is  ob- 
sei\  cd  on  the  second  island,  all  thiee  "itrivals"  are  worked  on  the  first 
island  to  nnd;e  up  the  annual  catcii  del<M'min<-d  u|)on  for  both  islands. 
In  this  way  the  |»eople  will  not  Ite  idle  (Inriny  any  year,  since  they  can 
easilv  be  cariied  to  whichever  island  is  designated  for  workinj;  all  three 
-privals" 

It.  however,  the  islands  to  the  northward  are  discovered,  ami  Jiro 
liMunil  to  be  available  loi  sealing',  we  may.  in  conformity  with  Mr.  Yan- 
•wsk.v's opinion,  instruct  tlM'of1i«'ials  of  St.  Paul  and  St.Geor/^e  to  work 
tli«'m  eveiy  fifth  year,  liiiuiin;^  the  annual  catch  in  the  interval  on  St. 

Paul  Island  t(»  4(M1<:0  ai n  St.  (ieovj.-e  to  l(!,(l(l(t.     We  nnist  suppose 

thai  a  total  suspension  ot  killinji'  every  fifth  year  will  etfectually  slop 
the  diminution  of  the  fni'  s^nls,  and  that  it  will  be  safe  at  the  expiration 


of  the  close  sea.-on  to  resume  kdliny  at  llu'  lale  mentioned  aliove 


ii 


stmt  observance  of  such  tilIcs,  and  a  prohiliitien  of  all  killinjj' of  fur- 
s»*;ils  at  s«'a  or  in  the  pawt^e^  of  the  Aleutian  Islands,  we  nnty  Intjie  to 
make  this  industry  a  pernu«!ient  and  reliaVde  sonr<'e  of  iiMMune  to  the 
<'oM:|)any,  wifhont  distni  lunu  the  price  <d  these  valuable  skins  in  the 
HUiiUet.  Great  care  iiin>'<^  ic  taken  to  prevent  the  lunnin;;  of  skins 
siiht^eeted  fo  artificial  diyiiii!!;;.  This  ]»rocesN  mnsf  not  lie  resorted  to  with 
s^ili  wo<  d  (driftwood),  aaiid  il  no  other  can  be  obtained,  the  jireatest 
sail'"  nuiat  be  taken  to  retaliate  the  tires.     The  non-oltseivanee  of  strict 


Tl 


ii-  \\  (ii'd  "  ]iliv;il 


iK'iiiis  mic  InnjiT  Wii\ cs  of  ill!   iiuimii!!);  tide.  ;unl  it  in  used 


iifioii  lilt-  ;iHHiiiii|>tiiiii  I  iiiir  till'  m<<iiIn  ill)'  liiiiil<'<l  II I  Mill  till'  isliiinis  in  tliri-r  ilistiiu't  wavus 
or  ••itfivula."    Tiit-  un'unint?  <ai  tiie  ifxt  is  uoi  (piitt'  tftiir  at  lliis  puint. 


THE    m'S.SiAN    AMKRICAX    COMPANY. 


oO 


nil<\s  n])on  this  jxtiiit  lins  already  been  tlic  cause  of  losses  to  tlie  Tom- 
paiiy  amouiitin;;'  to  millions  of  viibles.  Tln'  latest  sliipineiits  of 
iiir  seals  to  lliissia  were  in  fair  condition,  (;onse(|iientiy  we  may  lio]>(^ 
tliat  e<|ual  «ai<'  will  he  taken  in  tlie  future.  When  you  visit  the  islands 
you  will  make  such  iirrangenu'nts  as  in  your  jnds'nient  will  |M(»ve  hene- 
tleial  to  both  the  Company  and  the  natives  em|)l<)ye<l.  If,  from  unfore- 
seen cireumstances,  you  should  be  ])i'evented  fiom  visitin^t  the  islands 
in  (|uestion,  be  sure  to  send  a  trustworthy  representative  who  will  im- 
]U'ess  ui)on  ollieials  as  well  as  employes  that  our  rules  for  preservinji; 
these  valuabh'  animals  must  be  observed. 
With  the  greatest  respect,  we  are  your  Ex»'ellency's  humble  servants, 

Mk'HAKl  Kissklef, 

VK.NKDK  T    KUAMKIJ, 

AM)l^l;^    Skvkuin. 
Directors  of  the  liiisfiiaii  Aiuerivuit  Coniptoiy. 


No.  7. 


TA'ttvr  from  the  Tionrrl  of  AduiiidNlnifioii  of  the  J^iisuhni  Ameriefiii  Com- 
jiaiij/ to  Cnptoin- Lieutenant  M.  I.  Miirorief  Chief  Miniof/er  (f  the  it'ns- 
sioii   Amerivati  Colonies.      Written  from    St.   I'eterslinn/  Septeinlnr  7, 

TIh^  board  of  administration  havinji'  received  a  coity  of  tln^  rules  for 
tlie  limits  of  navigation  and  comiiiunication  alon<4'  the  coast  oi'  lOastern 
Silieria,  the  noithwest  coast  of  America,  the  Aleutian,  Kurile,  and 
otlid  islands  and  the  interveninji'  waters,  estaldished  and  coiiliriiied  by 
His  .Majesty  the  iOmperor  and  transmitted  to  the  j;-overnin,u  scMiate  for 
proMiul};atioii  ami  publication,  we  hereliy  send  you  one  stamped  copy 
ibr  your  <iiiidaMce  and  observance.  These  rules  and  I'cjiidations  will  lie 
translatc<l  into  the  ICnjiilish  and  French  lan;:ua;n'cs,  and  as  soon  as  these 
translations  have  lu'en  received  we  shall  enib'uvor  to  tbrward  them  to 
you  by  one  of  the  iiuvul  vessels.' 

Vkm'jiict  Kkamku, 

IHreetor. 
Anduei  Sevekin, 

J Ji  rector. 


No.  8. 

Letter  from  the  Boartl  of  Arhninistreition  of  the  J\^nssion  Amerieon  Com- 
l>tinti  to   C(tpt<tin  Lienl< nont  of  the   Imfniiol    Sorij  onit  Ktiiijht   .1/.  /. 
Mnrarief  Chief  Mitniiijer  of  the  L'nssiiin  Anieriean  Colonies.      Written 
from  St.  I'etersltnrtf  Siptemlnr  .JO,  /.sa//. 

TIh'  Ministerof  Finance.  His  lOxcellencyCouut  Dnn'try  Alexandrovitch 
(iuryef.  nnderdateof  the  ISth  instant,  hits  inlbi  nied  the  board  (tf  admin- 
istraticni  of  the  Company  that  His  Imperial  Majesty,  on  the  l.'Wh  day  of 
the  present  UHtnth,  has  most  jiraciously  dei^iucd  to  c(Misidcr  in  privates 
count'il  the  jiropositions  submitted  by  Jiis  Ivxcellency  of  grantisig  anew 

'  The  rules  lol'ened  to  tiro  the  iikiiMt:  of  IbJl.     Set'  Vol.  1,  i*.  10. 


^lii' 


60 


RUSSIAN   CORUKSrONDKNCE    RELATING    TO 


^)|.i| 


1        I 


to  tlu'  CoM'.jiiiiiy  its  I'ijilits  iiii<l  i>ri\il«'{j('s  lor  a  poriod  of  Iwi'iity  years. 
A  new  set  of  rules  and  regulations  were  iilso  taken  nn«Ier  advisement, 
and  the  subsequent  action,  as  evinced  by  tlie  imperial  edict,  luinislies 
proot  of  tlie  sincere  anxiety  ou  the  part  of  the  lmp»'rial  (lovernment  to 
assist  all  ])raisc\vorthy  iind  patriotic  enterprises,  such  as  that  rciu-e- 
sented  by  our  Com|)any,  and  t<M'xtend  over  them  its  hijihest  i)rotection. 
Our  au^just  .Monarch  is  r«^a«ly  to  do  all  in  his  i)o\vcr  to  further  the 
elforts  of  the  Hussian  Ameiican  Company  in  s])reiidin}>'civili/.ation  and 
chiistiainty  in  the  m(»st  distant  possessions  of  IJussia,  promisinji'  at  the 
same  time  to  secure  to  the  ('omi)any  its  \veil-«leserve(l  prolits  and  a<l- 
vantajics. 

The  boiird  (d"administra,iou  of  the  ('om|)any  has  r<'ceivcd  the  edict 
anda«'«'om|(anyinj;'  rcfjidiitions  as  j)ronndjjate<l  by  the  directin};  senates 
and  ten  copies  of  thes<'  documents  with  tlie  seal  of  tin' Company  atlixed 
i>re  herewith  inclosi'd. 

With  this  precious  act  in  your  lunul  you  will  be  enalded  to  assuiiu'  a 
new  position  and  to  stand  lirndy  opposed  to  all  attempts  on  the  jtart  ol 
foreifiiiers  to  infriii^c  ui>on  our  lijuhts  and  i>rivile{4es.  In  acccudance 
Avith  the  will  of  His  Imperial  Majesty,  we  will  not  be  left  to  protect 
unaided  the  land  an<l  waters  end)raced  in  our  exclusiv*'  privilcj^cs.  A 
squa<lron  of  na'al  vessels  is  under  orders  to]  >repii  re  for  a  cruise  to  Mie 
coasts  of  northeastern  Asia  and  northw(^stern  Ameiica.  In  your  dml- 
iufi's  with  tbreigners  you  will  act  espe<'iidly  under  the  provisioiK^.  of  the 
followinji'  i>ara{irni>h.^  contain«'d  in  the  new  rej^ululioiis:  .'Jo,  .'{J),  41,  4.», 
44,  4(»-4J>,  .")!,  52,  ."i.?,  ."fl-IK),  ('»2,  (>4,  <»7-70,  These  p;Uii}iraphs  beai- 
plainly  upon  the  points  in  «ii.<pute  between  us  and  otlicr  seafariiifj  na- 
tions. We  can  now  stand  u]K>n  our  rijj;hts  and  drive  from  our  wateis 
and  ports  the  intruders  who  threaten  to  neutralize  the  benefits  and 
^i'ifts  most  ^-raciously  bestowed  upon  our  Company  by  His  Imperial 
Maji'sty.  I'iiiiiiiuintvi.;  and  encrjty  on  your  part  in  carryinj-'  out  tin- 
])rt>visions  of  this  edict  will  be  tluly  reported  to  an<l  ajipreciated  by 
the  hiji'hest  authorities. 

Of  the  copies  of  the  documents  hen'with  in«'lose<l,'  you  will  furnish 
oiH'  each  to  the  ollii'cs  of  New  Archaiificl,  Kadiak,  Cnahiska,  Koss,  and 
to  the  aj-ents  on  the  northern  fur-seal  islands,  witli  instructions  to<'om- 
l)ly  with  all  its  |)rovisions  as  far  as  local  circumstances  will  permit,  with 
such  a<lditional  ex|daniitions  as  you  may  see  tit  to  furnish  to  the  vari- 
ous individuals  in  charge.  It  is  necessary  to  add  that  such  additional 
instructions  an<l  explanations  nuist  be  uniform  in  tenor  an<l  expression 
in  order  to  avoid  misunderstanding'  and  embairassnuMit  to  the  boiird  ot 
administration. 

I 'poll  the  recei|)t  of  such  overwhelmiiijij'  evidence  (d"  the  jjood  will  of 
our  Monarch  toward  the  Comi»auy  we  most  sinct'iely  coiij;ralulatc  you 
and  your  eolaborers  in  the  held  of  enterprise. 

In  our  futur<»  ,  orrespondet'ce  we  will  not  foryet  to  further  enlarfje 
upon  this  subject  as  circumstnin-es  may  re(|uire.  Lack  of  time  |ue- 
veuts  us  from  saying  more  at  present. 

Vknedh't  Kramer, 

IHnrtor, 
Andrei  Beverin, 

IHrecior, 

'A  i'«i|i\  t»f  tln'  iikiiMf,  (niiiHlatcd  into  tlie  Knjriish  laii}ji".i>i;t',  wns  incInHcil  with 
this  It'ttcr,  ami  tVoiii  it  iH  I'opicd  Miii  traiiHhitioit  of  tliu  iikiisr  iiis*'rt<-<l  in  Vol.  I,  p.  '2\. 


hf.i     "^^ 


THE    RUSSIAN    AMKIIICAN    CO^fPANY. 


61 


No.  J>. 


■if 


Letter  from  the  Board  of  Adiuhiistratiim  of  the  Jxunsifm  Anieriean  Vom- 
pinnf  to  I'nptain  Lientenant  of  the  Imperial  Xarif  and  h'nii/ht  M.  I. 
Miirarief,  Chief  Maiia<ier  of  the  Uiissiaii  Amcrieau  ('olonies,  ivritten 
from  St.  I'etershurt/,  Fehrinirif  JJS,  I,s;.':J. 

In  your  dispatcli  No.  ;{<»,  (latcd  .laimary  L'l,  1821,  you  asked  lor 
instructions  as  to  sending'  in  one  car^o  all  tlio  furs  roniainin;^'  in  your 
hands,  as  you  did  in  tliat  year,  slii|»pin;i'  (i(),(l(M>  fur  seals  by  th<'  Boro- 
dino. The  Itoard  of  administration  of  the  <'oni])any  informs  you  that 
it  is  necessary  to  Huspend  for  a  tinu^  shipments  of  fur-seals,  since  th(»so 
sliii)ped  by  the  llorodiiio  still  remain  unsold,  and  other  lots  are  in 
the  same  condition  at  Moscow  and  in  Siberia.  These  fur-seals  were  not 
8ol<l  because  the  demand  for  them  as  well  as  all  other  furs,  has  been 
};reatly  reduced  durinji'  the  Turco-drecian  dilhculty.  llowev«'r,  you 
nee  1  not  on  that  ac<'i»nnt  discontinue  the  shi|Mnents  of  the  other 
valuabh'  furs  by  the  way  of  Okhotsk  and  Krinistadt.  As  to  fnr  seals, 
however,  since  our  (Iracious  Sovereign  has  been  pleased  to  strengthen 
our  <'laims  of  jurisdiction  and  exclusive  rights  in  these  waters  with  his 
str(mg  hand,  we  j-an  well  attbrd  to  reduce  the  nund>er  of  seals  killed 
annually,  and  to  patiently  await  the  natural  increase  resulting  there- 
from, which  will  yield  us  an  abundant  harvest  in  the  future. 

in  reference  to  your  action  in  dis])osing  of  the  .iapanese  brass  can- 
non, we  fully  approve  of  what  yon  have  done.  Yon  did  not  need  them 
in  the  colonies,  since  you  nuist  have  on  hand  sutlicient  armament  to  lit 
out  all  the  Company's  vessels  as  cruisers  for  the  protecti(»n  of  onr  waters. 

MlCHAKL    KiSSKLKl'. 
\'.    KliAMKK. 
AM)1{KI    Sj'iVKUIN. 


No.  10. 


Letter  from  the  Board  of  Administratitm  of  the  ffasnian  Amerieaii  f'ttm- 
paiiff  to  ('ai)taiii-Lieatenaiit  of  the  Imperial  Xarif  and  Knii/ht  M.  I. 
Murarief.     Written  from  St.  Betershnrtf  -Inlif  .;/,  l,s2L\ 


l"'rom  the  inclos«'d  nnnisterial  documents  and  the  obsei'vations  theri 


je 


on 

by  the  board  of  administiation  you  will  see  that  lOnghnid  and  the  I'nitcd 
States  are  contesting  the  privileges  and  marine  jurisdiclion  confencd 
upon  the  Company.  'I'lie  lirst-mentioned  power  pi'oti'sts  against  the 
boundary  clainuMl  by  our  (lovtMinnent  ou  the  line  of  tin'  lifty  first 
parallel;  the  other  pow»'r  against  the  prohibition  of  foreign  vessels 
fr(»m  approaching  tvithin  HK>  miles  of  oni' coloni»'s.  In  view  of  these 
pretensions  His  Imperial  Majesty  has  deigned  to  instruct  tlu'  Kussian 
Minister  tothe  (nited  States  to  negotiate  with  the  (iovernment  of  those 
Stales  as  to  what  measures  could  Ite  taken  which  would  piove  satis 
fac'tory  to  both,  with  a  view  of  averting  further  disputes. 

If  you  should  happen  to  bec(»ine  invtilved  in  dil'liculti«'s  with  foreign- 
ers on  that  subject,  yon  nniy  allow  yourself  to  be  guided  i»y  the  spirit 
of  the  ab«>ve mentioned  documents.  At  the  same  time  we  can  inform 
you  that  without  regard  to  future  negotiations  His  Imperial  Majesty, 
throuijh  the  naval  eonnnander  of  his  general  stuft",  has  or<iered  the  com 


M\ 


02 


RrsSIAN    COIfl'KSI'ONKEXrK    HKhATIXO    TO 


■.':i 


)ii:iiMl4>r  of  tlie  frij-iitt^  Kirissrr,  about  to  sail  for  the  Colonics,  not  to  in- 
sist too  strictly  upon  tlic  full  distauct'  of  KM)  miles,  wliilc  at  tlic  same 
time  aHordiny:  tlie  fullest  protection  to  our  in<lustrics,  an<l  proceed in,i>' 
witli  all  f(U-ei<>'n  ships  en^-a;;'ed  in  pursuits  injurious  to  them  to  the  full 
extent  of  marine  jurisdiction. 

V.    KlJAMKR. 

Andkei  Sevkkin. 

[Inclosiin^] 

Letter  from  the  Minister  of  Finance  to  the  Board  of  A(hninistratio7i  of 
the  liuHsian  American  Company.     Written  from  St.  retembttrif,  Jnly 

IS,  1822. 

The  nnMnifjinj;  chief  of  the  ministry  of  Foreign  Atfaira  has  informed 
me  that  on  i>resentation  by  our  (lovernment  to  the  cabinets  of  Lomlon 
and  Washiiifiton  of  the  rules  jn'omuljiatJMl  on  the  4th  day  of  Septem- 
ber, IS21,  concerniuf*'  the  limits  of  navifiation  and  system  of  <'oast\vise 
intercourse  alonji' the  shores  o'.'  Kastern  Siberia,  northwestern  America, 
and  the  Aleutian  and  Kurile  Islands  and  others,  ju'oti'sts  were  enterecl 
by  the  Knjiiish  and  North  American  Governments  a^iainst  what  they 
called  an  extensitui  of  our  domain,  as  well  as  aj^ainst  th(>  rule  forbidding' 
foreign  ships  from  ai)proachin;i-  the  above-mentioned  localities  within 
the  distanc(>  of  100  Italian  miles. 

In  consiih'riuf''  my  re|>oit  on  these  representations.  His  Majesty  the 
the  Kmperor,  wishinj>'  always  to  jtreserve  the  best  possible  understand- 
iii};'  with  forcifin  powers,  and  having  in  view  at  the  sanie  time  the  pos- 
sibility of  acts  of  violence  occurrinj''  between  Russian  and  American 
vessels  and  the  misforrunes  which  thence  mi};ht  result,  has  dei};ned  to 
instruj't  the  naval  authorities  to  jiuide  their  a<'tion  by  his  sentiments  on 
this  subject.  Tht'se  instructions  will  be  conimuiiicated  to  tlu*  com- 
mander of  the  two  Imperial  ships  ordered  to  sail  this  year  for  the 
Noi'thw«'st  Coast  of  America.  In  the  meantime  I  am  authorized  to 
communicate  to  you  the  following;': 

1.  That  Maron  Tuyll  von  Seroskerken  has  been  a]>pointed  as  suc- 
cessor to  Mr.  Poletica  in  the  position  of  Imperial  Kussian  Ambassador 
and  Minister  Plenipotentiary  to  the  (Jnite<l  North  Amerii'an  States, 
and  that  he  has  already  taken  his  «lei»arture  for  W^ushinjiton  in  order 
to  considt  with  the  Government  tlu'ieas  to  such  measures  as  may  prove 
satisfactoi'v  to  both  and  meet  with  mutual  consent,  avoiding'  all  further 
ditliculties  concei'nin<>'  our  nnitual  rights  in  connection  with  our  posses- 
sions on  the  Northwest  Coast  of  America.  His  principal  object  will  be 
to  ab(»lish  all  cause  of  complaint  on  the  part  of  our  American  C(un]>any 
concerning  the  intrusive  enterprise  of  certain  subjects  of  the  I'nited 
States,  and  also  to  relieve  tln-m  of  a  strict  obsei-vanceof  the  edict  dat«'d 
Sj'ptembcr  4,  1S21.  which  in  every  (tther  res|u'ct  nnist  be  sustained. 

2.  In  order  that  I»aron  Tuyll's  negotiations  may  be  facilitated  and 
brought  to  a  speedy  conclusion,  he  has  been  furnished  with  a  transcript 
of  the  Iiussian  American  Conii»any's  views  as  to  the  rules  we  conhl  ask 
the  Government  of  the  Anu'rican  United  States  to  observe,  with  a  view 
to  tlu'  maintenaiH-e  of  friendly  intercourse  without  injury  to  the  vast 
interests  of  (air  Com|)any  and  those  of  the  mitive  iidiabitants  of  that 
country.  The  rules  to  lie  |)rop(»sed  will  probably  imply  that  it  is  no 
longer  necessary  to  |)rohibit  tin*  navigation  (»f  foreign  vessels  for  the 
distance  mentioned  in  the  e<lict  of  8eptend)er  4,  1821,  and  that  we  will 


Till-:    RUSSIAN    AMKinCAN    COMI'ANY. 


G3 


not  i'laiiii  Jmisdirlioii  (»v«'ri*oiist\vis«'  watt'is  Im>,voimI  tlu'  limits  nrct'ptcd 
by  iiiiy  otiuT  iiiaritiiiu'  |K>\v«'r  Cor  tin*  wlioU'  of  oiir  roast  tai'liij;'  llio 
(>i»eii  (M't'aii.  Over  all  iiit«'rior  waters,  however,  and  over  all  wateis  in- 
(•losed  by  Htissiaii  territory,  sueli  as  the  Sea  of  Okhotsk,  Ilerinj--  Sea, 
or  the  Sea  of  Kaniehatka,  as  w»'ll  as  in  all  j>alfs,  hays,  and  estuaries 
within  our  possessions,  the  rifiiit  to  the  strietest  j-ontrol  will  always  he 
maintained. 

In  informing  me  of  the  liij^hest  will  on  these  ]»oints  the  manajiinj;' 
ehief  of  the  ministry  of  Foreisn  Atfairs  expresses  the  desire  to  obtain  a 
full  and  elear  dist'rijttive  statement  of  all  localities  which  are  at  the 
present  day  occupied  by  the  L'nssian  American  ('ompany,  and  ov«'r 
which  the  same  Company  is  now  enjoy  inji' its  exclusive  jirivile^ie  of  trade, 
navi;;atiou,  and  fishery  in  order  to  mak(!  it  possible  to  asi-ertain  d«'f- 
initely  the  ))oints  to  which  foreijin  vessels  may  be  admitted  without  in- 
jury to  the  ("om|tauy"s  vested  rijihts. 

The  nmna^inji'chief  of  the  ministry  of  Foreign  Affairs  adds  that  wben, 
in  the  charter  granted  to  the  liussian  American  Company  in  the  year 
17l)!>,  the  titty-fifth  degice  (»f  northern  latitude  was  settled  upon  as  the 
southern  boundary,  this  line  was  looked  upon  as  well  t(»  the  northward 
(»f  any  possessions  claimed  by  other  ])owers,  and  one  which  could  safely 
be  changed  in  case  our  Russian  American  Company  sluaild  be  found 
oc<'upying  territory  farther  south. 

I'nr  this  reason  I'rivy  Counselor  Count  X«'sseli'od«'  suggests  that  it 
would  be  well  for  the  K'ussiaii-American  Conijjany  to  compile  in  addi- 
tion a  list  of  its  stations,  the  time  of  their  establislnnent,  and  maiiite- 
nan«(',  t«>gethei'  with  any  information  they  may  i)ossess  of  the  situation, 
strength,  and  importance  of  any  establishments  maintained  in  the 
vii'inity  <»f  our  possessions  by  Fnglish  or  North  Anu'riean  trading  com- 
l>anics. 

In  order  to  »'nable  me  to  comply  with  these  various  suggestions,  and 
in  view  of  the  nigency  of  the  matter  in  hand,  I  now  resitectfully  retpH'st 
the  board  of  administration  of  the  Russian  Anu>rican  Com|>anyto  fur- 
nish nu',  without  any  unnecessary  delay,  a  report  containing  tlie  infor- 
mation specifietl  above,  in  duplicate,  one  copy  to  be  forwarded  to  the 
Imperial  .\mbassador  at  Wasliington.  At  the  same  time  I  am  author- 
ized to  assure  you  that  every  eti'oil  will  be  nnule  to  se<Mire  the  adoption 
ofsncii  rules  as  will  etfectually  iu'ote«*t  the  Russian  Anu-rican  Company 
from  inroads  on  the  |»art  of  foreigners  u])(Ui  their  vested  juiviliges,  in 
strict  contniinity  not  only  with  rhe  privileges  granted  by  highest  act, 
but  also  with  the  edict  of  Septetuber  -4,  18U1. 

Count  1).  (Juhvi;f, 

Ministrr  of  Finance. 


Y.   DllLSlllMN. 


Director, 


No.  11. 

Letter  from  the  Minhter  of  Fintnur  (/hpartmrnt  of  }F((iiufact>nrs  and 
Iiitrnial  Tratlv)  to  tlw  iioartl  of  Aditiinistrotion  of  the  Ritssian  Amtri~ 
ciiii  Coinpiniif.     Written  from  St.  Feterxlinrff  Afnil  :,\  18:.' I. 

On  the  subje<'t  of  y(mr  reiuesentations,  under  No.  7.$,  of  February  11 
()fthis  year,  c(uu-erning  tin*  jtermission  to  foreign  vessels  of  entering 
the  harbor  of  New  Archangel  for  the  purpose  of  trading  with  the  chief 
manager  of  the  Kussiau  American  Colouies  for  such  necessaries  as  ho 


04 


RUSSIAN    CORRKSI'<>M>KNrK    KEI,ATIN'(»    TO 


lllll'' 


iiiiiy  he  ill  wiiiit  i>t'.  1  have  rcfcivrtl  a  «'oiiiiniiiii«-iitioii  iVuiii  tlii'  Minister 
of  iMHi'ijiU  AlViiirs. 

<'(>uiit  Kiirl  N'iissillcvitcli  lias  Im'cii  pleased  toinronn  iiictliat  lie  liassuh- 
iiiitt<-<l  tlu^  matter  to  His  Majesty  tlie  IOiii|)ei-(ir,  anil  that  His  Majesty, 
tindin^  tliat  the  solicitations  on  the  pait  of  the  lioaiii  of  ailininistra- 
tiuii  of  the  Ifiissiaii  Anieiiraii  Conjpany  «'«»iie»>rniiij;'  the  renewal  of  inh-i'- 
eoiir.se  with  lorei<;iiers  in  the  i'olonies  were  deservinji"  cf  attention,  lias 
most  ;^raeioiisly  ordained  that  iiitereoiirse  and  traile  with  forei;>n  ships 
ill  the  Colonies  may  be  earried  on  under  estalilislied  rej-ulations,  and  in 
one  port  desi<;'nated  for  the  purpose. 

lnforiniii<;  yon  of  this  jL^raeions  permission  on  the  part  <»f  His  Majesty 
the  ICmperor,  I  will  add  that  I  am  aiitliori/e<l  to  state  that  it  is  the  in- 
tention of  the  propj-r  antlnnities  to  designate  Sitka  as  the  one  port 
which  for»'i;iii  Ncssels  will  be  permitted  to  enter  for  the  pnrpttse  of 
tiadiiiy  with  the  (.'onipany  only. 

Lienteiiant-deneral  Kankkin, 

Miiiixter  of  Finance. 

SKK(JKI    UVAUOl', 

Dhrctor. 


No.  12. 


.11 
>ifi 


t.ii.] 
l>ifi 


Letter  from  Count  Xrxselnule  to  Mlcolos  Semrnoriteh  Morilr'niof.    ^V^•ittvn 
from  SI.  reierslnirfi  Aiiril  1 1,  /.v.'/. 

The  eommunieation  of  yoni-  Kxeelleney,  dated  February  20tli  of  this 
year,  in  which  you  express  your  opinion  on  the  siibji'ct  (d'tlie  ii<ilits  of 
the  K'ussiau  Ann'ricaii  ('(»mpany  to  control  certain  parts  of  the  nortli- 
w«'st  «'(»ast  of  America,  and  on  the  threatening  dispute  over  tlu' limits  of 
such  rifi'hts,  1  have  had  tlie  honor  to  submit  to  His  Majesty  the  ICnii»er(»r. 
His  Majesty,  upon  receipt  of  the communit-ation,  most  jiraciously  gave  it 
Ills  immediate  and  careful  attention.  His  Majesty  was  pleased  t()ent<'r 
into  tin' subject  with  the  thoroughness  and  jiromptitude  wliicli,  as  your 
Kxeelleney  is  well  awan',  lie  Ix'stows  upon  all  subjects  relating  to  the 
welfare  of  Kussian  subjects,  especially  of  those  wlio  by  tlieir  enterprise 
and  energy  have  contributed  to  the  enlargement  and  development  of 
the  ICnii»ire.  The  Kniperor  recalls  with  jdeasure  all  that  has  been  ac- 
(•omplislu'd  by  our  bold  navigattu's  in  the  discovery  of  islands  and 
i'oasts  of  America:  their  «'H'orts  and  siu'cesses,  their  losses  and  the 
dangers  inciiired  in  the  settlement  of  regiiuis  theretofore  unknown,  the 
natural  riches  of  which  they  were  the  first  to  gather  in  and  to  lay  be- 
fore the  ('ivili/ed  world.  These  achievt'ineiits  dotd>tless  gave  us  the 
light  ti>  look  for  coiinnensurate  a<lvantages  from  those  regions,  and  His 
Majesty's  ministers  will  not  during  the  present  negotiations  ignore,  nor 
have  they  at  any  other  time  ignowd,  this  ]»oint  of  view.  lUit  while 
endeavcM'ing  to  preserve  tln'  advantages  gained  under  such  ditliculties, 
and  while  anxious  to  obtain  others  liy  all  legitimate  means,  we  must 
not  forget  that  there  nniy  be  other  more  important  public  inti-n'sts  and 
requirements  imi)osing  other  nion'  important  duties  upon  theClovern- 
nient. 

I  consider  it  unnecessary,  my  dear  Sir,  to  «'X])lain  to  you,  who  are 
thoroughly  versed  in  all  branclu's  of  tin*  scii'iice  of  gov«'rnmeut,  that 
in  ]M»litieal  negotiations  w«'  can  not  <'oiitiiie  ourselves  to  weighing  only 
the  greater  or  lessei-  immediate  advantage'  involved  in  a  question.    Ills 


THK    laSSIAN    AM'  UK  AN    COMPANY. 


05 


!Srii.i«'sty's  ininistcrs  priiiiiirily  considtT  tin'  lig''^  !""'  Justice  of  ii  (jiics- 
tioii.  iiiid  \\\n'M  li^ilit  oi-  jiislicc  cjiii  not  l»e  obtaiiuMl  witlioiit  siiciilice, 
tlii'.v  iiiiilu'  tin-  lesser  interests  yield  to  tlie  jfieater,  and  above  all  they 
strive  to  seenre  t lie  object  in  vi«'\v  witliont  resoit  to  (bree  <n-  enibroil- 
inent  witii  tVieiidly  |n>wers.  Withont  sncli  sentiments  no  sneeess  eonhl 
be  expected  in  any  nej;'oliations,  and  these  prinei|des  will  gnide  llu' 
plenip»»teiitiaries  named  by  His  Imperial  Majesty  to  negotiate  thetpn's- 
tions  in  which  the  Kussian  American  C«»mpany  is  interested.  Onr 
cabinet,  i>y  tiie  ri;;ht  of  discovery,  tirst  settlement,  and  development, 
I'laims  .>overei;inty  over  tin*  islands  and  western  (M)ast  of  America  from 
the  northernmost  point  to  the  .VmIi  dej^ree  of  northern  latituib'.  (ireat 
lliitain.  on  the  other  hand,  advances  the  rights  of  the  llndson's  Uay 
Company,  whose  trading  posts  ami  stations  are  bein^'  pushe<l  farther 
and  tartiier  into  the  interior  of  the  country,  and  liav(^  almost  reache<l  th(> 
Northwest  Coast  umb'r  the  same  parallel.  The  basis  upon  which  these 
conllctiii};'  claims  are  founded  is  almost  identical,  and  it  can  not  ho, 
(leiiied  tiiat  through  injudicious  action  on  either  side  the  m<»st  serious 
and  unfortunate  coiise(|uences  iiiij;iit  at  any  time  arise.  Prudence  de- 
niaials  a  speedy  a;;reement  between  both  si<l«^s  interested.  The  most 
practicaltle  solution  seemed  this:  To  establish  at  a  certain  <listaiice 
iVoiii  tli(  shore  a  boundary  lint^  which  both  our  tra|ipers  and  hunters 
and  the  eni]>hiyes  of  the  Hudson's  Hay  Company  must  \h'  tor 
lad(b'ii  to  cross.  The  repres«'ntatives  (»f  botli  powers  reco;ini/ed 
tlie  iii'cessity  of  such  a  l»ouiidai'y,  but  the  width  of  the  .>trip  of 
coast  nect'ssary  lor  the  pea<'eable  j>rosecution  of  the  enterprises  of 
our  Colonies,  the  direction  of  the  line,  and  its  initial  point  on  the 
mainland  of  America,  iX\T.  subjects  still  under  discussion,  since  the 
eii\oy  of  Ilis  Itritannic  Majesty  declares  he  must  wait  tor  further  in- 
structions from  his  «'ourt.  It  is  hardly  neceissary  for  me  to  repeat 
tliat  in  all  these  neju'otiat ions  with  Kn^laiid  we  liave  recojiiiized, 
and  always  will  recojiiiize,  the  paiamoniit  iin])ortan<  e  of  the  intt'iests 
ot  the  Russian  American  Company  in  this  matter;  on  the  other 
hand,  we  must  consider  the  t'xtent  of  rij;hts  in  the  interior  and 
the  most  practicable  means  of  securin;;  and  maintainin}>'  the  same. 
.\s  I  observe  above,  it  isnecessary  for  tlu'i»eaceable  existence  of  our  Col- 
onies that  their  boundaries  lie  dehiied  with  t  lie  -ireatest  possib!«' accuracy. 
Tile  extent  of  territory  l)el\vecii  tlie  t'oiist  and  this  boundary  should  lie 
sullicient  lor  the  retiuirements  of  all  our  estaidishments  now  exisitiii};-, 
as  well  as  of  su«'h  as  maybe  fouiub'd  in  the  future.  At  this  point,  most 
jiiacious  Sir,  you  will  permit  me  to  remark  that  we  have  no  ri;;lit  or 
]»(tw«'r  to  ext«'nd  our  claims  in  the  interior  of  the  American  continent 
to  the  Ikocky  Mountains.  Such  claims  wouM  oidy  pive  rise  to  disputes 
and  possible  complications  without  any  visible  advanta.ues  lesultin}; 
therefrom.  On  the  other  hand  it  is  y<Mir  Excellemiy's  own  oi>ini«)n  that 
those  refjions  are  nearly  barren  and  without  piopi'r  soil  to  produce 
breadstuHs  toi'  our  Coloni«'s,  and  siiu-e  tlu'  principal  and  almost  exclu- 
sive industry  of  our  settlers  consists  in  the  <*ai)ture,  not  of  land,  but  of 
marine  animals,  there  seems  to  exist  no  ne«'essity  for  an  ext<'nded  terri- 
tory to  the  I'astward  of  the  Ixaindary  noM'  projjosed.  Conseipu'iitly 
tlier*'  i-an  be  no  cause  for  a  «lispute  on  the  subj«'<'t  of  tixinjn"  the  boun- 
dary of  tliis  strip  of  coast.  We  must  also  consider  that  as  loiifjf  as  we 
avoid  sue!i  disputes,  the  neighborhood  of  an  enlijihtenetl  jjeople  can  not 
oe  injurious,  but  must  be  of  advantaj-e  to  the  Colonies,  attbrding  facili- 
ties tor  the  purchase  of  su|iplies  in  ca.se  of  need.  There  is  no  reason 
to  apprehend  that  the  mere  fact  of  liaviu}' such  a  neijilibor  would  com  p«'J 
us  to  abandon  any  of  the  islaiuls  and  coast  heretofore  occupied  by  us 
0 


60 


lirSSIAN    COKKKSPONHKNCK    UKLATINCJ    TO 


;lti 


I:- 


i 

W-. 

1 
;  , 

>  : 

if 

south  ill"  Hit'  sixlictli  «l(';;r«'«'  of  latitiuli'.     Siwli  woiv  tin*  roiK-Iusioiis  ar- 
ri\«'il  ;if  l>\  His  linpciiiil  Miijcstyiui  n'juliiijj.vour  Kx»'«'llMU!y'st;oiiiiiimii- 

CiltilMI. 

OiM'  iHiiiit  irlicntMl  to  ill  your  letter  t'sp(M-iiilly  iittractrd  Mis  Miijcsly's 
attciitioii,  iiiiiiicly,  wiifir  you,  dciir  Sir,  iissi'rted  tliiit  in  roiistMiucihc  of 
IOii;^liiii(l's  <l«'iiisiii<ls  Hiissiii  would  be  oi>liy:('(l  to  yield  or  ^ivc  up  iiiiuiy 
iiiitivi's  of  AiiH'i'ica  wlio  had  hccii  coiivi'rtcd  to  Christianity  by  us.  'I'o 
loso  siihjcfts  who  had  voluntarily  conu'  under  his  seeptre,  and  sons 
of  the  K'ussian  ' 'hiireli,  would  certainly  he  repiij;iiaiit  to  our  ;;reat- 
hearted  Monareh,  hut  from  all  tli(>  inforinatiou  wliieh  1  have  heen  ahle 
to  eolleet  it  would  apjiear  that  on  the  eoast  h»'low  the  lifty  (iftli  de;;ree 
of  latitiidi',  or  at  any  yreat  distaiie«>  from  the  sea  eoast  in  the  interior, 
then'  exists  no  settlements  of  the  (''Oinpany  or  native,  inhahitants  eon- 
verted  to  the  <lreeo-i;iissiaii  faith,  and  as  to  any  extention  of  our  s(  t 
tlements  to  the  northward  I  v«'n1ure  to  i-onsider  it  somewhat  iniproh- 
ahle. 

Ilaviiij;'  ae(|uaiiited  you  (as  far  as  I  may  while  respectiiif;  the  secrecy 
of  diplomatic  iie;^oliations)  with  the  pr«'sent  status  of  our  airaiijic 
meiits  with  iMij^land,  I  turn  to  another  siihjeet  <tf  interest  to  your 
excellency  and  all  the  inemhers  of  the  Company's  hoard  of  maiiaj;-ers, 
the  iiej{otiations  with  the  North  Anu'rican  IJepublic,  which  have  heen 
brought  to  a  successful  c<Micliision. 

TIh'  convention  which  was  entered  into  on  the  ."itli  of  April,  lSl,'t,imd 
of  which  I  inclose  an  abstract  for  your  information,  consists  of  nn 
ajiTeeiiient  arrived  at  by  mutual  c(Uiseiit,  and  the  clauses  of  wlii<'h,  in  my 
opiniiui.  will  be  mutually  satisfactory  and  highly  heneticial.  In  article 
HI  the  United  States  acknowledge  the  sovereignty  of  K'ussia  over  the 
west  coast  of  America  from  the  Polar  Sea  to  latitude  .■»4'^  40'  mu-th, 
whih' we,  on  our  side,  pnnuise  to  establish  no  settlements  below  that 
latitude,  with  the  exception  of  such  as  have  been  already  made,  espec 
ially  the  |{oss  colony  in  California,  llyartit-le  II  the  States  undertake 
to  forbid  their  citi/.eiis  and  subjects  from  landing  in  any  |iart  of  the 
Kussian  Colonies  without  special  iieriuissioii  of  the  local  authori- 
ties. In  artich'  I'  it  is  agreed  that  the  Americans  will  not  sell  to  the 
savagi'  inhabitants  of  the  territory  belcuiging  t<>  Kussia  any  strcuig 
liijuors,  the  cause  of  all  evil  anumg  unenlightened  peo]>les,  and,  w  hat 
is  still  iiKUe  impcu'tant,  they  agii'e  to  abstain  from  selling  them  any 
lirearins.  Hereby  we  have  been  fortunate  enough  to  alxdish.  by  means 
of  diplomacy,  at  one  stroke  the  principal  cause  of  all  disorders  and 
bloodshed  in  that  distant  country,  and  we  have  thus  laid  the  founda- 
tion for  the  peaceable  existence  of  our  Colonies.  In  arti«'le  IV  we  jier- 
mit  the  American  States  to  carry  on  tor  a  period  not  exceeding  ten 
years  trading  and  tishing  in  localities  situate  within  our  possessions. 
To  this  clause,  advantageous  to  them,  our  cabinet  foiiml  itself  obliged 
to  consent  for  two  very  important  ij'asons.  First,  because  the  Ciovern- 
nient  of  tin'  North  American  Hepublic,  not  unreasonably,  demanded  an 
enuivah'iit  for  the  great  advantages  cont-eded  to  us  in  other  articles  of 
the  ('(Uivention,  especially  those  of  article  V.  Second,  because  the 
Americans  had  been  for  some  time  engaged  in  this  trade  and  tisiiery, 
which  the  Company  has  thus  far  been  unable  to  prev«'iit  them  trom 
doinji:  and  because,  on  the  other  hand,  it  was  much  better  that  they 
should  accept  as  a  spe«'ial  and  temporary  privilege  Ironi  our  hands 
what  they  might  come  to  hM)k  iii)on  as  a  natural  right  in  «'Ourse  of 
time;  since  now  the  Americans  ackmiwledgi'  ofiiciallv  tiiat  at  the  ex- 


'Hic.    It  was  (louli)tU'Ss  iiiteiiiled  to  lefer  to  article  V. 


H 


THE    Kl  .SSIAN    AMKRICAN    (OMI'ANV. 


67 


pinition  of  ii  Jew  sliorf  y«>;irs  we  liavc  IIm'  U'ita]  power  to  <'?itii«'ly  pro- 
liihit  ti'iMliiiK  i)>i<l  tisliiii};  in  tlint  n';>ioii. 

TIh!  lOiiipt'ioi' has  )U'i«,nic(l  to  approve  fiie  arlit-lt's  ol'  the  «'oiiv<'iitioii 
l)\  wliicli  tluMlciiiaiHls  ami  iiitcri'sts  of  ])otii  coiitiiM'tiii^'  parties  lia\«< 
lieeii  considered  as  iimeli  as  |>ossil»Ie.  A  elose  senifiny  of  tliis  r(»n\»'n- 
tion  must  lead  to  the  conelnsiMn  that  under  its  provisions  oni  Cohmies 
will  aecjnire  new  stienjith.  This  act  may  he  loiked  upon  as  I  he  lie;iin- 
nin^of  the  jiolitieal  existence  and  safety  <»!'  the  Cohmies.  since  tlieir 
leiation  to  foit'ij^n  powers  has  l»e«'n  for  the  first  time  acl< now h'd;;<'d  and 
nnide  patent  to  the  world.  'I'li.-  importance  of  this  is  evident,  and  I  he 
mend  1. MS  of  your  hoard  will  doubtless  realize  to  its  fullest  extent  thrs 
new  >i:n  at  ItelM'flt  bestow  e<l  up(Mi  them  by  their  Ilijihest  I'lotector.  who, 
never  iosinj,'  siyht  of  the  triU'  interests  of  his  beloved  subjects,  has  thus 
by  a  stroke  of  his  pen  lixed  their  honoi-able  status  not  only  within  his 
own  dominions,  but  also  in  ilie  eyes  <(f'  all  fbiei^n  powers,  and  started 
y(Mi  in  tin'  race  of  prosperity  with  all  (»th<'r  nations  ol  IIm-  civilized 
world. 

I  have  the  honor  to  be,  with  the  ;;reatest  respect  and  with  the  best 
intentions. 

Your  lunnble  servant, 

('•Mint  Ni;ssi;M{(»i)K. 


ill 


No.  i;j. 

Mtcr  from  the  Minister  of  Fhnnirr  to  tlie  l{<i(ir<t  of  Atlmiiiistrotion  of  the 
Iill^■sitn^  American  Com  pan  if.      Writ  ten  from  St.  I't  li  r-sl^nrif,  Siplinilter 

The  letter  transmitted  to  nn-  on  the  I'Jth  of  .Tune  by  the  directors  of 
the  Company,  containinji'  their  rennirU  -  mi  tlie  possible  conse(|uences  of 
the  eonvi'uticui  concluded  on  the  .")th  of  A]»ril.  (»f  tliis  year,  between  our 
Court  and  tlic!  N(trth  Anu'rican  I'epublic,  I  have  sulniutted  to  the 
Minist«'r  of  roreif,'n  Affairs  in  the  oiijjinal.  I  lia\t  n(»w  re(ei\('d  from 
him  in  reply  a  <*op.\  of  the  proceed  in;iis  of  a  special  committee  ajipointed 
to  consider  the  subject.  The  pnx-eedinjis  of  this  <'omndttce  have  re- 
ceived the  most  ;;racious  approxal  of  His  lm|»erial  Majesty,  and  I  am 
now  authorized  to  lay  before  the  board  of  administration  a  copy  of  these 
proceed iufis.  ^onether  with  an  a(;compiinyin^'  letter  fr(»m  Count  Nessel- 
rode,  dated  .Inly  L'l  of  this  year;  all  of  whi«'h  I  trust  will  piove  satis- 
factory to  the  board  of  nmna^icrs  ami  shareholders  of  the  Company. 

l''rom  these  documents  the  board  of  administration  will  ascertain 
that  the  Company's  representations  have  met  w  ith  due  consi(h'ration, 
and  that  instructi(Mis  have  already  been  forwarded  to  the  Imperial  Am- 
bassador at  Washington  to  the  effect  that  the  e\t<'nt  of  coast  throw  n 
op«Mi  to  subjects  of  the  North  American  States  for  the  purp«»se  of  trade 
and  fishery  is  lindted  in  the  south  by  latitude  54°  40'  North,  and  in  the 
north  by  the  I5ay  ()f  Vakntat  (or  Uerinj;'  l»ay).  At  the  same  time  1  am 
auth(U'iz<'d  to  state  that  it  is  the  intention  of  His  Majesty  the  Ijupeioi- 
to  afford  full  protectiim  to  tlu' ('(unpany's  interests  in  the  ])ursuit  and 
cutch  of  fur-seals,  sea  otter,  and  all  other  nnirine  animals. 

Lieutcuiint  General  Kankkmn. 

Minister  of  Finanec. 
i'.  Din  siiiNix, 

Director. 


1 1  I 


(i8 


liLSSlAN    COUKKSI'ONDKNC  r,    U'r.LAI'iNU    TO 


No.  1  I. 


lip 


J 


Ahuirnvi  of  vnmminiii'nthm  from  (Joiiiit  Xrssrlrntlr,  Ministrr  of  Forvltin 
A  (fairs, to  tlir  Miiiistcr  of  Fimimr.  Wiithii  /hmi  St.  I'ttrrxlmrq  .1  uijust 
is,  isx'f. 

I  ronsiilor  it  my  duty  to  inronii  your  K\c*>llMti<\v  that  His  lin|M'riiil 
Miijfsty  hiis  most  ;;'i-a<-ioiisiy  (Ici^iicd  to  a^icc  I'lilly  iiii<l  roiiiplt'lcly 
witli  the  opinion  of  tlic  niiijority  of  the  mcnibt'is  of  tlic  roniinitin'  ap- 
pointed  l»y  His  Majrsty  to  considrr  tlu'  intt-rcsts  of  tln'  K'nssian  Anin- 
ican  Company  in  connection  witli  the  convention  of  April  't/\~  of  this 
year,  in  which  opinion  your  KxceUency  has  also  been  plcas«'d  to  coucnr. 

( 'oiise^pn-ntly  I  lierehy  forward  a  copy  of  the  proc(>edin;>:s  of  the  com 
mittee.  and    I   have  the  honor  to  inform  yon,  most   }>racion.s  sir,  that 
instrmtions  have  already  been  foi-warded  to  our  ambassador  in  con- 
forndty  with  tht>  conclusions  ri^iched  by  the  memliers  of  the  committee. 

I   must  not  omit  to  add  also  a  copy  of  my  hnndtle  opinion  on  the 
comphiints  of  the  Knssian  American  Company  presented  to  His  Ma.j 
esty  at  your  l*]x«  ellency's  request. 

1  tiatti'r  myself  with  the  thoujfht  that  these  documents  will  convince 
you,  most  gracious  sir,  as  well  a»  the  board  of  administiation  of  the 
Ikiissian  Ameri<ran  Company,  that  it  is  His  Majesty's  iiiin  dct<>rmina- 
tiiin  to  protect  the  ('ompany's  interests  in  tin;  cat<-li  and  prcsci'\  ation  of 
all  marine  sinimals,  and  to  se<-nre  to  it  all  the  advanta;;('s  to  which  it 
is  entitled  under  the  charter  :ind  privileges. 

I  IlirliiNiirit.[ 

ProcevtlbuiH  of  the  vimformr  hehl  Jiilif  .Jl,  lS;Jf. 

Count  Nesselrode  oi)ened  the  conference  by  a  detailetl  explanation  of 
tln'piesent  status  of  tlu'  business  most  {iraciously  submitted  totliecon- 
siderati«>n  of  the  coninuttee  by  His  MaJ«'sty  the  l'lmi)cr(n'.  He  r<'ferred 
to  the  parajiTaphsiU- articles  of  the  aj;reement  concluded  with  the  Minis- 
ter (d'  the  l)uite<l  States  coueernini;'  the  Northwest  coast  of  .Vmerica, 
and  also  to  the  reju'eseutatious  u»:iile  and  protests  prescntc(l  ,ij;ainst 
this  act  by  the  liussian  American  Com|)any  in  two  comnumications 
submitted  to  the  Minister  of  Finance  and  to  the  Minister  of  I''orei<;ii 
Atlairs.  Finally  he  submitted  a  project  which  had  been  presented  for 
discussion  in  tlu'  name  ol  his  Kxcellency  Meut.  (Jen.  KanUrin.  inclosing 
also  the  reply  from  the  Minister  of  Foreij^n  Affairs  to  tln^  abovi' men- 
tioned representations.  This  pi'oject,  havinj;'  been  submitted  to  His 
Majesty  the  Fmperor,  has  met  with  hijihest  approval.  At  His  Majesty's 
wish  the  matter  was  now  laid  before  the  mendicrs  of  the  eommitte*'  for 
their  consideration. 

During;'  the  readin;^'  of  tlu'se  papers,  to  which  was  added  a  <'opy 
of  the  two  letters  of  the  Uussian  Ameiican  Company,  the  uuMnbeis 
dire(!te<l  their  greatest  attention  to  the  causes,  r«'asons,  and  lisks,  as 
i'xjilaiued  by  the  Company,  as  well  as  the  reasoning  which  had  led  to 
the  conclusion  of  the  convention,  together  with  the  statement  «>f  tli<> 
]>leuipoteutiary  of  the  VVashingtou  cabinet.  Due  attention  was  also 
]iaid  to  the  humus  pointed  out  by  the  Imperial  m'nisteis  as  most  jn-ac- 
ticable  and  availabh>  to  i»revent  evil  couse<|neii<.'»'S  and  unjust  dispute, 
liy  a  nuijority  of  votes  the  nu^nbers  of  the  cor.imittee  agreed  upon  the 
following: 

1.  That  the  agreement  of  Ajjril  o/17  establishes  for  Kussia  rights 


ytf 


THK    RrsSfAX    AMKHICAX    <OMPA\Y. 


(Itl 


wliich  licn'tot'ort'  liiiil  been  in  doultt;  tiiiit  on  tlio  str«>n<;'tli  of  tliis  ii;:rtM' 
in«>nt  tli«>s«>  ri;;lits  Iniil  l>c(>n  iirUno\vlt'il;;ril  by  tlic  (iovfi  inncnt  wliirli 
wonlil  liaviHx'cn  most  bcnclitt'il  In  contt'stiii;:  tli<>ni.  iiiHl  wliicli  coiiltl 
most  easily  luivc  iniurni  us;  that  by  nn-ans  of  tiiis  a;;i'«M'ni)>nt  tlic 
un<lis|uit«'(l  sovereignty  of'  IJnssia  lias  been  establislic*!  vwu  bcyonil  tlir 
point  mentioned  in  till' oi'i;;inal  |>rivile^('s  anil  rliaiter  ;;raiiti-il  to  tin- 
Itiissian  Ameriran  ('oni|>aiiy. 

'J.  That  tliron;:'h  the  absolute  prohibition  of  liaile  in  aims,  ainmnnl 
tion  anil  sti-on<;  liijiiois  with  the  inhabitants  of  the  Noitliwest  Coast, 
estalilisheil  by  this  a;>reenieiit.   the   Kiissian  Anii'iiran  Coinpany   ha  . 
si'i-iiieil  an  aiiiMint  of  pioterlion  tor  whirh  it  has  icpeateilly  elanioi'   .. 
but  wiiirli  it  has  not  heietofon-  attained. 

.'(.  That  this  last  i-onsidriatiun  is  all  the  more  impintant  beransc 
snrh  prohibition,  alVeetin^  only  Itiissia.  prevents  distiirbanees  and 
open  hostilities  ainon<>'  the  native  tiilies  inhaiiitin;!;  our  possessions, 
while  at  the  same  time  it  makes  piolitable  trade  on  the  part  of  fot-eii^ii- 
ers  within  onr  domain  impossible. 

\.  That  the  ii^jrei'ment  of  April  "»/17  eontains  also  another  not  less 
important  ])oint.  namely,  the  agreement  on  the  part  of  the  .\merieans 
to  establish  no  settlement  on  the  Noitliw  st  Coast  al»o\e  latitude  •Vt'^'K)'. 
Iiy  this  eonression  alone  oui'  own  territoi  I  elaim  is  plaeed  upon  a 
permanent  basis.' 

r>.  That  one  of  the  most  important  points  of  the  aii>'reenieiit,  and  one 
of  very  /^leat  advanta^'e  to  Knssia.  lies  in  (he  assnranee  that  at  the 
expiration  of  ten  years  the  subjects  of  the  Ciiited  vVmerieaii  States 
will  eease  altoji-ether  to  navij-ate  the  waters  of  the  Northwestern  eoast 
above  latitude  iii^^  40'  and  to  earry  on  their  lishery  and  trade  with  the 
native  inhabitants.  If,  on  the  one  hand,  it  eonid  not  l)e  su|>posed  that 
the  States  woidd  willin^ily  ayree  to  siieh  a  eoneession  •..  tliont  any  eoi- 
respondin}<;  advantage,  on  the  other  hand,  all  that  the  Imperial  .Ministry 
liaii  desired  or  demanded  will  be  aeeorded  and  fiiltilled  at  the  end  of  a 
few  years  as  speeilied. 

(!.  Coneerniii};'  the  intluenee  wliieh  the  a;ireement  eoneluded  on  the 
r»tli  of  April  nniy  have  upon  Knssia's  tiade  with  (Miina.  it  is  neeessary 
to  eonsider  that  in  this  trade  there  is  invested  on  both  sides  a  eaiital 
of  .".(MMM»,(K)(»  rubles,  of  wliieh  only  8(MMMK>  rubles  fall  to  the  K'ussian 
Amerieau  Company's  share,  and  even  if  the  Company  eou!d  brin;;'  to 
Kiakhta  a  mueh  greater  number  of  furs,  otters,  and  iur  seal,  it  would 
be  found  impossii)le  to  dis])i>se  of  them,  and  they  would  till  the  market 
to  the  injury  of  other  }i;oods.  At  any  rate,  viewing  the  limited  scope 
of  its  trade,  it  can  not  be  eonsidered  that  the  a;;reement  of  April  ."»  17 
ean  in  any  way  injure  th  i  trade  of  iiiissia  with  China. 

7.  That  sinee  the  soverei;;iity  of  K'ussia  over  the  shores  of  Siberia 
and  Ameiiea,  as  well  as  over  tlie  .Meiifian  Islands  and  the  intervening 
seas,  has  lonj;"  siiu-e  been  ai'kin!wledj;eil  by  all  powers,  these  eoasts, 
islands,  and  seas  Just  nanu'd  eould  not  have  been  refened  to  in  the 
articles  of  the  above-ineiitioneil  eon  vent  ion,  whieli  latter  eoneerns  only 
the  disputed  territory  on  the  Northwest  Coast  of  America  and  the 
adjoining;'  islands,  and  that  in  the  full  assurance  of  such  undispiiti'd 
rifilit  Russia  has  lon}»'  since  established  i»ermaneiit  settlements  on  the 
eoastof  Siberia  as  well  as  on  the  chain  of  the  Aleutian  islands;  conse- 
(lueiitly  American  subjects  could  not,  on  the  stren}>th  of  article  li  of  the 
convention  of  April  ")/! 7,  have  made  landing's  on  the  coast  or  carried 

'  TIii>  Kiiiitlifi'ianoMt  Mi'ttlcninit  now  ixTiipii'il  is  sitiiiit*-il  in  liititnilc  r»7  ;  ronsc- 
queiitly  tlii.s  ugrci'iuout  will  enable  thcui  to  locate  new  .stations  liirtlur  to  the  .south. 


ft 

! 


I 


■ih 


70 


RrSSTAN    CORRESl'OXnKXCK    liiiLATINO    TO 


r    ^ 


II 


t  i 


on  1iuntin<^'  iiikI  tisliiii<^  witlnmt  tlic  |H'niiiMM<»it  of  our  coiniiiiiiHlors  or 
•jovcniors.  These  rousts  (rt'Sihrfia  uiid  of  rite  AJiMitisiu  IslaixlK  arc  not 
washed  by  tlie  Sontliein  <n-  l'iM*i<ie  <t>eean,  of  \vhi«'li  mention  is  nniiie  in 
artieh'  !  of  the  eonxeiition.  unt  by  the  Ai-etii-  (h-ean  ami  tlie  seas  of 
Kamchatka  and  Okhotsk,  w  iii<'li.  on  all  inThentie  charts  and  in  ail 
jjeoj^rapldes.  from  no  part  ot'  rne  Sontliern  or  l*a«rific  ()e«'an. 

8.  In  eonclnsion.  we  must  inti  lose  sifjht  of  the  fact  that  th«*  conven- 
tion of  April  ."i/lT  setth's  all  diNoutes  to  wnich  the  edict  of  Sei)tendter 
4/1(5,  ISL'l,  ;;iive  rise;  an  edict  if^+ued  at  the  lormal  and  rejteated  request 
of  the  Ifussian  American  < 'omnany.  These  disjaites  have  l»ecome  of 
considerable  inii>ortance.  and  miyht  l>er(!newed  ajiain  if  liussia  should 
fail  to  u]>hold  the  conventicm.  and  in  that  cstse  it  would  be  ini])ossible 
to  foresee  the  eml  or  the  conse«pu'iu'es.  These  weijriity  reasons  induce 
a  majority  of  the  memi>ers  of  the  comniir  i<  re«'oi(l  tiieir  ()]>inion : 

"That  the  convention  of  April  ."»/17  nnist  be  .^l^  >  iiined,  and  that,  in  onler 
to  avoid  an  unnecessary  am\  un.justitiabie  altercation  over  this  ;u!t, 
(leTieral  Haion  de  Tuyll  should,  at  the  i)roper  nnie.  offer  a  deelarati<ui 
])ursnaut  to  the  pi'(»Ject  suff;:ested  in  the  comimiiniciition  of  •  ounr  Nes- 
selrode."  The  Ministt'r  of  Finance,  and  A<*Tuai  rttate  Councilor  Dm 
shinin  lyreed  as  to  the  necessity  of  sustaininjj  the  convention  of  April 
i>/17,  i»ut  they  prest'iited  and  spread  n|ion  the  minutes  a  special  opinion, 
here  appended,  to  the  ettect  that  llaron  de  Tuyll  should,  on  the  ex- 
«!han}ie  of  ratifications,  dennuml  that  the  ])nviie«je  of  tree  trade  and 
fishery,  ^iranted  by  article  4  of  the  said  c(uiv««itM»n.  should  extend  only 
from  latitude  .")4^  4(»'  t(>  the  latitude  of  ('r(>ss  So<ind. 

A  majoiity  of  the  memi»ers  of  the  conimnnet  reiuark«'d  that  since 
within  rlie  desijiiiated  latitudes  tlte  KuKsian  Ai»»*ri(!an  <'ompany  pow- 
sessied  ;.uiny  settlements,  the  second  article  (»f  tk**  «-«uiv<'nti(Mi  (»f  April 
r»/17  wmtld  atlbrtl  them  the  desired  protection.  iLud  it  nothinji  couhi  l»e 
dune  ill  nliose  rejiions  but  huntiinji-  a.ud  tiKhiuy,  it  uotdd  be  exceedini:ly 
doulitfui  whether  American  citi/ens  woidd  incur  the  risk  and  ex]»eiise 
o?  navi<::;ir.ain  for  the  purpose  ot  (-.irrynit;  on  trswl*'  which  gave  such 
i^nml I  !■■■■■«  of  I'eward  for  outia  vs  Ml  those  hi::ii  northern  latitudes. 
UB  whh4t-^«c^  could  enjoy  their  prrvik-'ies  lor  ten  yetis-s  only,  and  where, 
ajt  an\  i:iit--  rliey  would  in  huntiinu'  and  nshiii;:  u\*-^t  with  the  a«-tive 
coniper'-  ..«i  ol  the  ("ompany.  wliiirii  had  precede«i  tkeiu  in  those  waters 
U\  so  iiuiu.v  years. 

<#Hi  tiN'-otiier  hand,  it  would  aiiiwar  that  the  linuttfrion  contaiiimed  in 
tiir' Hfiiflnin  i»f  his  lv\cellenc\  t'lt  ;M  mister  of  Finance  ami  of  the  actual 
ijumtniim-  •!  State  Drnshinin  \\>iHii(l  jtiit  an  end  to  Lhe  comphMmts  of 
tttv  Jammmmmm  ('««iipany,  and  consenuently  the  niiijoiTty  <if  the  t^naaunit- 
tUB^HmmtHslKmivtrat^ivy  to  examine  further  into  the  chuiracter  of  U*'^  lim- 
»«rtl«9  to  as<'ertajn  lo  wiiat  extent  tlie>  may  be  aoopted 
i;:ini  up<m  th«'  rights  aiud  advantajjes  i>MHiltiii}i'  to  Kussia 
tilP  enTn-eiiijoii  of  April  ."»   17. 

ftnn'  the  |)iopfH«-<l  limitatit'Mi  ilesifiuntes  two  «lifterenr  points,  situated 
nntler  diliereiit  <*n:ie<'s  of  Utitm'le.  namely  (1)  the  Bay  of  Yakutat 
(Bering  Bay),  on  iie  parallel  of  .V.»o  ;{(»';  (2)  the  Bay  i*v  Strait  of  Krest- 
noi  (Cross  Stainii  on  the  parallel  of  .^7*^,  the  Kussian  AnM'iican  (Com- 
pany desires  that  le  siil»|ects  of  the  IJniti'd  States  l»e  pieveiited  from 
lishiny  or  hnntinj:;  ii  those  two  points:  but  the  nmjority  of  the  mendiers 
of  the  committee  are  of  the  «»pinion: 

As  t<»  the  first  of  these  points  (Bering  Bay),  it  is  situated  under  a 
latitude  where  IJiinssia's  rights  have  lu'ver  been  a  su.bject  of  dispute,  and 
this  important  cipcumstance  leads  us  to  the  eonclnsion  that  it  is  rightly 


I 


TlIK    UUSKIAN    AMi;UI('AX    roMPAXY. 


71 


covorod  by  tin*  {jencviil  dccluiiif idii  (■oiHoriiiii'i'  the  Alriitiiiii  Isliinil.s 
wild  otiicr  iioitln'iii  locsiiilit's.  With  lojianl  to  tlic  second,  liowcvcr 
((!n>sN  Sound),  wldcli  is  situi'.trd  nnd«'r  latitude  ."»7'^,  and  eonse(|uently 
loruis  part  of  the  coast  and  islands  to  wliicli  llussia's  riyht  lias  been 
dispnt<'d,  it  would  be  impracticable  to  ajipl.v  to  it  th«'  sann'  rule, 
unless  siune  other  vali<l  reasons  are  produced  upon  which  to  base  such 
a  demand. 

Ill  Older  to  neji'lect  no  means  by  which  the  (ioviMiiment  of  His  Imix' 
rial  Majesty  may  ji'ive  proof  ol"  its  fatherly  care  of  the  interests  of  the 
liiissian  Ann'rieun  Company,  General  de  Tiiyll  should  be  instructed  to 
use  <'very  means  at  his  eommand  t*)  persuade  tlu'  VVashinjiton  cabinet 
tiiai  in  favorinj--  the  liniitation  about  to  be  proposed  relatinji'  to  <'ross 
►Sound  there  is  no  intention  or  d«'sire  to  yive  any  provocation  for  further 
dispute  between  tlu^  two  jjowers. 

And  (leneral  cb' Tuyll  should  be  jiiven  to  uiulerstand  that  the  re«'o}j- 
iiition  of  the  undisputeil  primary  rijjht  of  JJussia  in  those  rejiions  is  of 
supreme  importance,  not  in  any  way  to  b«'  compared  with  the  later  and 
eomi»arativc!y  trivial  eon«'essions  of  the  ecmvention  with  the  (.lovern 
ment  of  the  I 'id  ted  S*;'.i's,  concluded  Ai)ril  .">/ 17,  and  that  it  must,  under 
all  cireumstanees,  be  sustained. 

This  opinion  was  tinally  unainmously  agreed  upon  by  all  the  mem- 
bers of  the  committee. 

8t.  Petersburg,  July  -'1,  l«-*i. 

yi;SSKLI{(»l)E. 

(1.   li.   Kankkin. 
Si*i",i:anskv. 
Dm  siiiNiN. 

roLETlCA. 


No.  15. 

From  the  Jioarfl  of  Admin istratioii  of  the  h'lissitni  Amrriran  ComiHini/ 
to  Ciiptaiii  of  the  first  rank  ami  Knhjltt  Iran  Aiitont  ritrli  Kiipreidiiof. 
Written  from  ISf.  I'etcrsljnrij,  Marcli  :il,  is  lit. 

From  your  dispatch  No.  114,  of  April  L'O,  we  learn  that  you  liav<'  re- 
•  jiiested  the  Crecde  Shayashnikof  to  expiess  hisopinion  as  to  when  you 
ui.iy  bej»in  taking;' a  full  catch  of  fur  s«'als  (ui  the  island  of  St.  Paul,  and 
'vhen  you  may  establish  a  «'lose  season  on  St.  (leortic  and  the  ("om 
mander  Islands.  The  boai'd  of  administration  respectfully  requests  that 
you  will  in  every  resjiect  act  in  accordance  with  the  o|»inions  of  Shay- 
ashnikof, who  possesses  a  thorou.uh  knowledj>'e  of  this  industry  At 
the  same  time  you  will  bear  in  mind  that  we  look  upon  the  fur  s«'al  cat<di 
as  the  most  impiu'tant  item  of  our  colonial  enterprises,  which  nnist  bo 
preseived  at  all  hazai'ds,  even  to  the  teniixuaiy  ne{?lect  of  other  le- 
sourees.  Kverythinji'  must  be  done  to  prevent  a  <lecrease  or  (extermi- 
nation of  these  valuable  auinuils. 

N.  Prokofyef, 
N.  KisoF, 
A.  Sever  IN, 

Uirectorti. 


72 


UlSHIAN    COKKICSPONDKNCK    UKLATING    TO 


No,  !<;. 

Ijctfrr  J'liini  fhr  finartl  n/'  AilmliiishtitiDii  of  the  l-kHssion  A  iiHiictiii  Com- 
jHtnfi  tit  Coittdiii  (If'  tlir  liiij)''tiiil  Xari/ iif  the  nvvoutl  raiili  Ah.rnuiU'i' 
tlilrli  Ixinlahti.  Acliiiif  Cliirf  Moinujcr.  W'ritti'u  from  SL  I'ctir.shunj, 
March  .J<>,  /,s.i,/. 


From  tln'  (lis|»;itrli<'s  of  tli<'  bdjird  of  adininistralioii  (liit('<l  AjMil  12 
aiul  NovciuImt  l(t,  |.sr»l.  iiixl  April  'J.  May  1'!.  and  Sc|)ti'inlt('r  L','5,  1S.VJ, 
yoiii'  I'lxrf'lh'iK'v  must  liaxc  pcrccix <'d  tliat  oim^  oI'  tin*  priiicipai  ol)ji'cts 
on  tlic  pail  of  tlio  lioaid  of  adnn'nistration  has  Ikhmi  lo  make  tlic  best 
possil)l»'  ai'ianjiciiM'iits  foi  n';iniatiny'  (lie  ina  ijiatioii  of  tin  ycsscls  be- 
IcHiiiin;^  lo  our  colonial  licet.  Diiiiiij^'  the  last  few  years  tliis  part  of  our 
manifold  dnties  has  not  always  l)een  attended  to  with  «bie  re;;ard  to  tins 
best  interests  of  the  ('(nnpany.  and  eonsecpieiitly  a  few  of  the  vessels 
have  been  detained  in  harbors  for  jnoionjicd  periods,  while  others  have 
been  constantly  enipNtycd  and  iiitrnsted  with  dnties  for  which  they  were 
but  ill  fitted,  retiirninji'  to  New  Archan{4e]  late  in  the  season  and  at  the 
most  daiijicioiis  time  of  the  year. 

With  a  view  to  remedy  this  delect,  the  board  of  adiniiiistratioii  has 
now  agreed  npon  a  system  of  employment  for  our  various  vcssi-ls  which 
is  to  be  strictly  foll(»w«'d  in  dispatchinj;  our  colonial  vessels  upon  their 
annual  or  semiannual  xoyajjcs  in  the  summer  and  winter  seasiui  under 
normal  eircumstances.  This  system  will  be  strictly  adhered  to  by  the 
eldef  manafi'ers  of  tlu'  Tolonies,  unless  unforeseen  circumstances  arise 
which  would  make  this  obsei  vaiice  iiic(Uisisteiit  with  the  Company's 
interests. 

For  the  seascm  of  I.S,"i;(  the  colonial  tleet  will  consist  of  eij;lit  sailiii;;' 
v«'ssels,  (»f  which  iiundier  the  lai ;;('!•  ones  are:  Th<^  <':>ttrritcli,  the 
Nihohti  /,  the  h'dilitilx,  and  the  Slirlih)/.-  and  the  smaller  (»iies:  Mni- 
sliil:oJ\  Kdiistantiii.  itkhoisk.  and  'rinujiiss:  and  since  the  Czonrllch, 
which  is  to  leave  the  Colonies  in  the  autuinii  of  IS."),')  will  be  r«'Iieved  i>y 
the  »S't//.v»,  of  7<i(>  tons,  now  in  course  of  c(mstru4-tion.  and  w!ii<'h  is  to 
sail  for  New  Arclianii'el  in  IS.").),  the  immbei-  of  the  (.'ompany's  hips  in 
C(»l(»nial  waters  will  remain  the  same.  <  "onset  lueiitly  the  >u  miner  season, 
comprising;'  the  months  I'kuii  .\pril  to  October,  will  <iiv«'  emphiymeiit  to 
.S  ships,  while  in  the  winter  season,  from  Octoiier  to  .Vjuil,  we  can  keep 
7  vessels  runniiiii.  without  count  in;.;  tlu'  whale  ships  (»f  our  Company, 
the  iiiimlxM' of  which  will  probably  reach  four. 

For  the  summer  season  of  ISol.  the  vi»ya;;es  of  our  vessels  sluuild  be. 
arranjicil  in  the  follow  injn'  manner: 

1.  One  of  tlu'  smaller  Nt'Nsels.  jierhaps  the  biij;-  /w)/(,v^(»//»,  should 
sail  fn»m  Sitka  about  the  middle  of  .\pril  w  ith  supplies  for  the  islands 
of  Atka  and  Attn,  and  for  the  Kurile  district,  takinji'  the  furs  from 
these  ish'.nds  to  the  i)ort  of  .\yan.  where  tin'  briji'  should  arrive  not 
later  than  the  middle  of  duly.  On  this  vessel  tliere  should  be,  an 
otlicial  of  tin' Company  intrusted  with  llu'  inspection  of  the  ('(Uiipany's 
stations  in  the  districts  of  .\tka.  the  Km  ile  Islands,  aiul  i<aincliat!ia. 
This  a^jcnt  must  t»bser\c  and  kceji  a  r<'cord  of  a!i  foreign  ships  seen 
durin;;  the  Noyaj^'c.  and  of  the  position  of  the  same  when  observed,  for 
the  information  of  commanders  (M'our  armed  cruisers  and  of  the  colonial 
autlnuities  in  Sitka.  Kamchatka,  and  Avan.'     This  vessel  should  set 


l?v 


h  A 


oliS'TVlll^  tlicsr  lilies  lilt 


I'lii's  I'roiii  tlir  Allvii  mill  KiM'ilc  tlistrirtN  will  jiIwiivn 


v;iii  in  tiiiii'   I'lir  I  riiiisiiurlMl  inn  In  VaUnlsk,  miiiI  will   imt  liiivt'  In  1i 


rciii 

tn  New  Archiihui'l, 


iri:<-il 


Inis  Ik'i'ii  limit'  in  liilr  sriiis,  I'lir  .s|ii|iiiii'nl  to  llio  ptiit  itl'  A.Viiii 
ill  111!'  Iiilliiw  injf  veiir.  t"ii(U'i-  the  nlii  ,s\,sli'iii  the  I'iu'm  iifedlfssly  incur  twice  the 
risk  ol'iaiiiiiyr  by  sua, 


THE    RUSSIAN    AMEKICAN    COMPANY. 


73 


out  upon  tlu'  n'tnni  voyaj'V.  at  the  end  of  AugUHi,  or  the  bojiinning  of 
St'ptenibcr,  following"'  its  previous  eourse,  and  returniiijjf  to  New  Arcli- 
i\uiH'\  with  the  sigent,  who  is  to  rei)eat  the  observations  prescribed  f(U- 
the  outward  voyaj^e. 

U.  One  of  the  iarji'er  vessels  shimhl  leave  the  ]»ort  of  New  Arehanj;el 
for  Ayan  n<»t  later  than  tiie  l.lth  of  31ay,  to  arriv*^  at  the  latter  port 
at  the  end  olMune,  Tiiis  shi)),  whi«'h  must  be  arnu'd,  will  <'arry  i)asst>n- 
j;ers,  stores,  and  supplies  for  our  Asiatic  stations.  On  the  outward 
voyajie  the  (^mrse  of  this  vessel  should  be  laid  to  the  northward  of 
the  chain  of  the  Aleutian  Islands,  in  order  to  meet  foreijiu  ships  enter- 
ing- Herinj;  Sea.  and  to  warn  them  ajiainst  cruisiu},'  in  pursuit  of  whales  in 
the  vicinity  of  the  seal  islands  of  tlie  Pribilof  and  Connnander  groups. 
At  the  bejjinninjj  of  August  the  shij*  should  return  to  New  An-hanj-el, 
with  carji'o  and  passenji'ers  from  Siberia,  crnisin;;  in  search  of  foreij,ai 
vess«']s  on  the  way.  Durinji  the  detention  of  this  vessel  in  the  port  of 
Avail,  its  ('(uumander  will  ]»laee  himself  under  the  orders  of  the  local 
colonial  authoiities  in  all  cases  of  enu'rjicin'yi  oi'  of  infrinji'ement  of  the 
Company's  lights  and  privileges,  for  which  purjiose  the  local  coni- 
nmnders  are  furni^died  with  special  instructions. 


."?.  A  sec«nid  small  vessel,  the  swiltc^st  of  the  fleet,  piobably  the  .1/^ 


.sliihof.  with  a  naval  crew  and  c<>mmand«'d  by  a  naval  othcer,  nnist  sail 
from  Sitka  at  the  ciul  of  April  for  tin-  sole  jjurpose  of  watchinj-'  the 
lon'ifiu  whale  ships  in  the  sontheru  part  of  IJcrinji'  Sea  an<l  alon<;  tin- 
chain  of  the  Aleutian  Islands.  On  this  \-essel  sup-plies  nmy  be  fiuwarded 
to  ('opp«'r  and  Uerinj:  islantls,  and,  jH-rhaps,  to  Attn  and  AtUa,  in  case 
this  should  not  hav«'  been  accomplisiied  by  the  first  vessel,  i-eferied  t(» 
under  No.  1  of  this  dispatch.  On  this  vessel  also  siiould  l)e  placed  one 
(tf  the  hijjher  oflicials  of  the  ("(tmpany,  with  the  poweis  ol'  an  ins|>ect<»r 
and  ji'cneral  ajicnt.  This  vessel  nuist  be  kept  crnisin;.';  constantly  ovei' 
tiic  wateis  Micntiiun-d  above,  and  nnist  not  enter  any  A'  the  liarluu's 
except  for  the  jiurpose  of  obtainin;;'  water  and  wood,  on  wliich  occa- 
sions tile  !.tay  of  the  vessel  nuist  be  limited  to  tin'  biiefesf  possible  pe- 
riod. Kacli  of  the  altove-mentioiicd  islands  nnist  be  visited  by  this 
cruiser  at  least  twice  durin;^'  the  season.  The  tirst  time  for  the  pur- 
pose of  laiidin<4'  supplies,  mails,  and  the  iiispectoi  ;  th<'  sectuid  time  to 
receive  the  furs  obtained.  r»')u»its.  mail,  and  tlic  inspector.  The,  com- 
mander of  this  cruiser  is  strictly  prohiliitcd  from  remaining  at  am  lior 
durinji  the  progress  of  inspection,  as  it  wouhl  l»e  Ix'tler  to  call  at  the 
islands  several  times  tiian  to  remain  idle  in  p<u't.  The  conclusion  of 
this  cruising  voyage  dei>eiids  upon  the  time  at  wliich  tin-  foreign  whah' 
ships  leave  Uering  Sea,  which  is  probably  at  the  cmi  of  August  or  the 
beginning  of  September. 

4.  The  third  and  fourtii  of  the  smaller  vessels,  /.  f.,  the  Ohliofnk  and 
Tiiii(in.s.s.  are  assigned  to  ( ;trr\  supplies  to  the  redoidtts  and  islands  of 
the  Kadiak  district  and  to  I'nga  Island,  and  to  bring  back  furs,  in 
order  to  still  further  insure  the  Kadiak  district  against  seanity  of  sup 
]»lies,  oiu'  of  the  larger  vessels  sailing  in  the  spring  may  also  take  a 
jiaitial  cargo  for  I'avlof  Harbor. 

5.  The  se<'ond  large  vessel  must  be  employed  to  supply  tlu^ 
islands  of  the  Uinilaska  district,  the  Pribilof  Islands,  and  St.  Michael's 
redoubt,  ami  also  to  carry  on  inttu'course  with  the  coast  tribes  of 
Hering  Sea,  on  the  Asiatic  as  well  as  on  the  American  coasts.  IJeing 
first  loaded  with  the  supplies  f(U'  St.  Micha<'fs  ami  the  goods  intemh'd 
for  trattic  with  savage  tribes,  this  ship  may  tak(^  on  sidtse(|uently  an 
upper  carg<»  of  Inmbei-  and  firewood  for  the  I'ribilof  !slan<ls  and  the 
Unalaska  district,  at  Tshich  points  mail  and  tlu^  most  necessary  suji- 
plies  mav  be  landed  on  the  outward  voyage  and  furs  picked  up  on  the 

10 


«<1 


74 


UUSSIAN    (.'OHHESI'ONDENCK    RELATING    TO 


tcturn  tiip.  iMniiig  tlic  whole  tiiin'  oftlio  int'sciirt'  of  this  sliip  in  the 
iiortlHTii  part  of  Mcriii^'  iM'H  aii<l  the  vicinity  of  the  L*ril)ih>f  Ishnids  tho 
(•oniiiiiincU'r  must  hr  (•hiir;;'tMl  witli  the  duty  of  luuisiii^i'  in  s«'arrli  (»f  for- 
eij-n  \vh;ih'  ships  and  of  Knylish  vt'sscis  cairyiny' on  trade  witli  onrsav- 
ajt»'H.  This  sliip,  also,  must  nmi<e  noi)iolonji('<l  stay  at  any  anclKtraf^U', 
and  njust  ]»e  phu-cd  under  the  eommand  of  a  naval  otlieer,  with  a.  erew 
consisting  principally  of  sai!(»rs  of  the  navy.' 

•  •••*•• 

7.  The  fourth  larj^i^  vessel  of  the  fleet,  whhrh  may  be  used  for  voy- 
a}>°es  to  Kamchatka,  must  also  he  tUted  out  as  an  armed  trruiser  and 
kept  in  readinc^ss  to  proceed  to  any  point  in  IJeriny;  Sea  or  in  Siberian 
waters,  from  which  the  preseiicj'  of  foreijiii  ships  may  be  rei>orted  by 
the  smaller  vessels  in  the  course  of  the  season.' 

In  transmitf  iii^JT  to  your  ICxcellency  the  above  outlined  plan  for  the 
employment  of  the  colonial  Heet,  vlu'  board  of  administration  respect- 
fully requests  that  in  case  tlni  interests  of  the  Company  require  a  di'via- 
tion  from  our  plans  your  lv\cellen<y  will  never  los<^  sight  of  tln' fact 
that  the  interests  of  the  <'ompany  are  cent<'red  at  the  jtresent  time  in 
tlicdistrict  surroundin};' tin-  seal  islandsof  the  Tribilof  andCcmunander 
gioups,  and  that  «'onse(pieutly  the  colonial  waters  must  be  visited  by 
the  Ciunpany's  ciuist'rs  constantly  and  in  every  part,  in  order  to  watcli 
and  warn  the  forcijiu  whalers.  For  tliitv  {uirpose  detailed  instructi<»ns 
havi'  Ix'cn  formulated  for  our  cruisers,  as  well  as  for  the  commanders 
itf  the  whale  ships  of  the  ('(Uupany,  which  are  oblij;ed  to  serve  in  the 
cajKicity  of  cruisers  when  en;;aj;t'd  in  whalinj;'  in  IJerin};'  Sea.  in  all 
cases,  the  c<unmaml  of  a  vessel  under  orders  to  cruise  in  colonial  waters 
nuist  be  given  to  naval  oHicers.  who  will  thereby  liud  an  oi)i>ortunity  to 
make  themselv«*s  acquainted  with  the  routine  of  colonial  transa<'tions, 
while  at  the  same  time  their ruuk  will  yive  authority  tocmr  proceedings. 

V.   rOLI'I'KOVSKV, 

P ITS i (liny  (Jlfiven 
V.    Kt.l}lM'KL, 

A.  Ktholin, 

N.  KrsoF, 

JiAUOiM    WllANUlX, 

Members  of  I  he  JUxird. 


No.  17. 


.'  ♦ 


h 


Mivr  from  C<ipin'ni  of  the  first  nailc,  un»{  Kiilffht  liuxn  Vtussilierilrh 
Fiiri<licliii,  Chivf  Manoiicr  <f  the  h'lissiaii  American  Cuhnies,  to  M<(H(vr 
Jiiiizemon,  of  the  Imperial  Sari/,  Written  from  the  Colonies,  June^O, 
ISO  I. 

To  Master  Benzemau,  of  the  Imperial  Xavy,  commamlinff  the  steamer 
Ale.vaiitler  the  Second : 

When  your  steamer  is  ready  for  sea,  you  will  leave  this  port  and 
carry  out  tlie  following  instruct i(ms: 

1.  Vou  will  proceed  to  the  •'Kenai  ('oal  Mining  ICisterprise:"  on  ar- 
ri\al  there  (leliv<'r  the  accompanying  package  to  the  conuuander.  Min- 
ing Ijigineer  l<'unilielm,  and  immediately  begi)i  to  take  on  as  much 
«-oal  a>  \(Mi  (tan  in  ad<lition  to  the  cargo  on  board. 

'  I'lic  si\ili  Mild  a  |iiii'tiiiii  of  tlir  si<\(<iitli  ;);ii';i<;i'n|)lis,  licjiiju;  iiiiiicitrrial,  liavo  iMit 
Uveii  lianr<laU-<l.     Sro  tac  (»iiiii|c  ol  original  li-ttcr,  cud  of  tliiu  vtdiiiuu. 


I<R' 


THE    RUSSIAN   AMKUirAN   COMPANV. 


75 


2.  From  English  r>:iy,  you  will  jnocoed  to  the  isjiiiid  of  St.  Paul, 
wluMC  you  will  deliver  your  passeiif^ers,  land  the  supplies,  and  take 
on  local  pi«>du<'ts  for  St.  .Mieliael's  redoubt.  You  will  tlu-n  jjrocced  to 
tlu'  redoubt  to  laud  supplies  and  take  on  whatevei-  earfj^o  Manager 
N'akhiaineief  may  have  on  hand. 

.'{.  <)u  leaving  St.  Miehael's  redoid)t  you  will  shape  youi-  course  for 
tlu'  island  of  St.  Paul,  where  you  must  take  on  wjth(»ut  fail  a  full  <'argo 
of  fur-seal  skins  and  local  pnxliu'ts  sueh  as  <»il  and  seal  meat,  and  |)ro- 
eeeding  to  the  island  of  St.  Geiu'ge,  take  on  in  addition  such  pioducts 
and  furs  as  may  haveaeeumlated  previous  to  yo'.ir  arrival  there.  Thence 
you  will  proeeed  to  llnalaska,  and  furnish  Manager  Vlassof  with  such 
<|uantities  of  oil  and  seal  meat  as  he  nmy  be  in  need  of.  You  will  then 
take  on  the  furs  on  hand  at  Tnalaska,  and  proi-eed  t()  New  Aichangel. 

4.  During  your  visits  to  the  above-nu'utioned  jxtints,  y(»u  will  receive 
all  com|)laints  submitted  to  you  and,  without  making  any  decision 
whatever,  submit  them  to  uw  an  your  arrival  at  New  .\rcliangel. 

.■).  At  St.  Miehael's  re<loul)t  Manager  V'akhrameief  will  present  to 
you  two  servants  of  the  ('omi»any,  Koshevnikof  aisd  Makiirin,  for  pun- 
ishment for  .iisobeying  the  orders  of  the  authorities  ami  i'ov  «Migaging 
ill  .secret  unlawful  traflic  with  natives;  and  I  would  suggest  to  yon  to 
jHinish  them  with  rods,  giving  them  twenty  live  stroiics  each  in  the 
lU'eseuee  of  the  whole  garrisiui  of  tiie  redoubt. 

(J.  Among  the  pass«'ugers  on  your  steamer  will  be  the  bishop  of  New 
Archangel,  Peter,  who  goi'S  to  inspect  the  nortlicrn  missions.  You 
will  show  his  Kminenct^  due  attention  and  resjtect,  ;ind  carry  out  his 
wishes  as  far  as  i>raeti(!able. 

7.  During  your  stay  at  St.  Michael's  r«'doubt  you  will  cause  to  l)e col- 
lected a  «|uantitv  of  drift  wood  and  deliver  the  same  on  tlie  island  of 
St.  Caul. 

•S.  If  the  managers  of  the  islands  should  present  to  you  any  emi)li»y<''s 
who  have  served  out  their  terms  for  transportion  from  the  <  '(•lonies,  you 
will  take  tlu'in  on  board.  I'nuu  the  island  of  St.  I'anl  the  carpenter, 
rarfentyef,  will  reipiire  a  passage  to  Sitka. 

!>.  It  lias  come  to  my  knowle«lge  that  in  the  jiresent  year  two  whaling 
vessels  have  sailed  from  San  Francisco  for  the  piiri)ose  of  trading  on 
the  I'ribilof  Islands  (»r  of  hunting  in  their  vi«'inity.  ('oiise(|nent!y  I 
would  snggx'st  that  during  your  presence  in  tlio>e  waters  y<»u  will  e\ 
ercise  the  duties  of  an  armed  erniser.  to  pre\<'nt  any  unlawful  acts  on 
tlu'  i>ait,  not  only  of  these  two  vessels,  but  of  any  others  which  you 
may  find  in  Uering  Sea. 

1  trust  that  all  the  varicuis  duties  intrusted  to  yon  will  be  carried 
out  to  my  satisfacti<Mi,  and  that  you  will  return  without  unnecessary 
loss  of  time. 

The  crew  antl  i»asseiig<'r  lists  of  the  steamer  are  In  i'eb.\-  a]»iiendcd. 

The  issue  of  rum  to  your  crew  will  be  made  undci-  ecisting  regula- 
tions. 


No.  18. 


Lrfftr  from  fh  ■  Drpartmrnt  of  Citiumcrcr  <nul  Mnnufacturrsloihe  Board 
of  Athiiliiixtrntinii  of  tin;  h'iis.si<(ii  Atiioican  ('onijxnij/.  W'tHtcn  from 
St.  I'etrrslmrff.  •Ihu'c   /.9,  isu',. 


The   council  of  state,  after  an  examination  of  the  jn-oposal  sul)niitted 
b^  me  concerning  the  revision  of  the  charter  of  the  Kussian  American 


w 


RUSSIAN    <"ORREKPONi;KN('K    UKLATIN(^    TO 


III! 


!^' 


if,. 


h 


(/Oini>aiiy  and  tin-  oijraiiization  of  lli«'  Ifiissian  American  Colonies, 
«lir«'cts,  l>y  a  ri'soliition  approvi'd  liy  tln'  Emprror  on  .liine  14,  tliat  in 
tiic  |)n>]iar:ition  of  a  in'\\  cliaitcr  lor  tlic  Knssian  Aniciiran  ('(»nipaiiy 
and  of  tilt'  rc^^iilations  tor  tlM>  ^ovcrnhicnt  ot'tlic  ('olonics,  tlic  toilowin^ 
]>rincipl(>s  shall  be  adopted: 

1.  TIk'  tcrni  of  the  jirivilcf^es,  rij^hts,  andohjifjations  of  the  company 
i^xpin's  the  1st  day  of  .lauiiary,  ISSU. 

2.  The  Company  is  authorizj-tl  to  issno, as hci-ctofoici,  tickets  for  nsc  in 
tin*  <'Oloni<'s  in  tlic  place  of  coin,  which  tickets  shall  have  a  li\e<l  valne 
in  eomniercial  transactions  within  the  Colonies,  lint,  at  the  sanM>  time, 
it  shall  he  the  dnty  of  the  (Jonipany  to  estahlish  at  several  points  in 
the  Colonies  otlic«'s  for  the  redemj>tion  of  snch  tickets  in  coin  or  paper 
currency.  At  the  same  time,  both  the  tei-ms  of  redemption  and  the 
points  at  which  redemption  shall  take  place  must  be  determined  by  the 
new  charter  of  the  Company. 

."{.  It  shall  Im',  as  heretofore,  the  dnty  of  the<'ompany  to  iiidntain  in 
the  tUdonics  churches  and  the  <dergy,  schools  an<l  hospitals;  to  furnish 
supplies  to  all  its  emidoyes,  servants,  and  laborers;  to  or;iiinize  at 
plact's  remote  fr«»m  ports  open  to  foi('i<;ii  c(»mmerce  warehouse's  of  pro- 
visions and  other  necessary  articles  of  consumption  for  the  use  of  the 
natives;  to  bear  the  expi'useof  provisioniuj;- the  ;{arrison  at  New  Ar<'h- 
aii^i'el;  and  to  authorize  the  chiefs  of  stations,  manaj;'ers,  and  other 
otiiicials  in  the  service  of  the  Comjtany,  to  exercise  all  local  administra- 
tive fuui'tions. 

4.  In  the  pieparation  of  the  new  charter,  the  «iuestion  shctuld  be 
considered  as  to  which  of  the  rights  onmted  l)y  the  last  charter  to  the 
<'omi»any's  employes slnuild  1m'  pres»Mved,aiid  whether  some  distinction 
slumld  ln' made  between  persons  iu  the  Company's  service  at,  St.  I'e 
tersbiirjLf  and  those  in  the  Cohudes.  At  the  same  time,  tlu'  Moai<l  of 
administration  should  be  ndieved  IVom  the  political  function  now  foiin 
in^'  part  '>f  the  sc(»iM'of  its  operations. 

r».  The  Company  stands  under  the  special  iUdt«'ction  of  the  i''mper»u-, 
and  short  yearl.v  iei)orts  of  its  operations  are  to  be  subiuitted  throuj'h 
the  lu-ojier  ministry  for  the  consideration  of  His  Majesty. 

(i.  The  followinji;  rights  of  the  Company  are  to  be  preserved: 

The  light  of  Hying  the  tlag  specially  designated  i>y  His  Majesty  for 
the  Company  vess«ds,  of  using  uniforms  for  tlieir  empl(»yes  (»n  the  ves- 
sels; and  a  seal  with  the  imperial  escutclieon;  all  tlie  privileges  now 
enjoyed  by  the  Couii>any  in  regard  to  tlu'  lecruitiiig  of  men  in  Russia 
and  Siberia;  in  regard  to  tin'  tt'rms  of  tlieii'  passports  and  the  paynu'ut 
of  taxes  for  them;  in  the  preparation  of  the  lu'w  charter,  the  teinis 
should  be  tixed  beyond  w  liich  the  hiied  men  shall  not  l>e  lialde  to  d<>- 
tentittn  in  the  Colonies  tor  debts  due  the  Company;  also  the  peiiinl  of 
time  within  which  the  men  in  tlie  service  <»f  the  Company  may  be  re- 
turned to  the  phu'i's  of  their  birth  at  the  rt'quest  of  c(mrt,8  of  justice 
and  (ioverniiH'ut  otiicials.  Tlie  exemption  of  the  Company  from  the 
duty  of  turnishing  quarteis  to  the  military  should  be  ab(tlished.  as  also 
the  cxemi)tion  from  the  duty  of  procuiing  every  year  a  ti-ade  certilicate 
of  the  tiist  guild,  and  proper  li«-enses  foi'  the  factories,  warehouses,  ami 
stores  of  the  Company  in  Russia  and  Siberia.  excei»t  foi'  those  situated 
at  the  jHut  of  Ayan. 

7.  The  charter  shall  (routain  the  (conditions  for  the  transfer  to  the 
Ciovernm«'nt.,  after  the  t-essation  of  the  Company's  existence,  of  all 
]udilic  buildings  and  works  erected  by  the  (Company,  designating  those 
which  aUaU  be  transferred  withtuit  compensation,  and  those  for  which 


THE    RT'SSIAN    AMERICAN    COMPANY. 


77 


it  is  ontitlcd  to  coiniUMisation,  and  .siM'cif^vins'  the  method  of  (ixiiij;-  tlie 
(Miin|>(>iiSiition. 

H.  Peniiission  is  given  to  brinj;-  into  tin-  poits  of  New  ArcliiinH'el.  on 
the  island  of  Sitita,  of  Kt.  i'ani,  on  tlie  i^  uid  of  Kadiaix,  and  into  sncli 
otlit^rs  as  n my  be  »uhse(|nentl.v  found  convenient  for  tlic  iMirpose,  all 
kinds  of  inerehandise  (except  intoxicatin;:'  ljevera;;'es,  i)o\vd«'i",  and  arms) 
on  hoard  both  Russian  and  fin-eif-n  vessels. 

!>.  S|)ecial  rej^nlations  shall  b(>  presciiibed  eoncei-nin;;  the  impoitation 
of  intoxicating  li(|uors  and  tiie  sale  thereof  in  the  Colonies,  as  well  as 
the  fniiiishing  of  arms  and  powder,  such  rejiulations  to  be  of  such  a 
chara<;ter  as  not  to  im])oHe  onerous  restrictions  upon  the  inhabitants, 
and  at  the  same  time  to  guard  against  abuses  and  injurious  conse- 
(pieiices.  '*' 

10.  The  Aleuts  and  (tther  i)eacefnl  initives  within  the  Cohtnics  art^ 
n'lieve<l  from  compulsory  labor  in  behalf  of  the  Ifnssian  Anu'rican  (com- 
pany. They  shall  be  allowed  to  settle  in  localities  which  they  may  find 
convenient,  an<l  shall  be  free  to  absent  themselves  fnuu  the  places  of 
their  residenc^e,  subject  oidy  to  siudi  rules  of  ])olicc  as  may  be  estab- 
lished by  the  board  of  administration  of  the  Colonies. 

11.  All  the  inhabitants  of  the  ('olonics  pernmnently  residing  therein 
shall  b«'  classified  either  as  mitives  or  as  i-olonial  residents,  to  which  lat- 
ter class  shall  belong  the  cn^oles,  the  now  so  called  colonial  <'iti/.ens,  and 
the  immigrants  who  niayin  future  arrive  in  the  (!olonies.  Tin'  natives 
shall  have  the  right  of  electing  their  «'hiefs  and  the  colonial  citizens 
shall  be  governe<l  by  elective  elders.  I>(»th  the  chiefs  and  chlers  shall 
be  confirmed  by  the  chief  manager  of  the  C)oh)nies  and  be  liable  to  re- 
moval by  him,  in  which  latter  case  it  shall  be  his  duty  to  order  a  new 
election. 

12.  The  period  of  obligatory  service  to  the  Ifussian  American  Com 
pany  by  cre(des  educated  at  the  cxikmisc  of  the  Comi»any,  either  in  the 
Colonies  or  outside,  is  limited  to  five  years. 

l.'i.  It  shall  be  lawful  for  Russian  subjects,  as  well  as  for  foreigners 
who  have  become  Russian  subjects,  to  settle  at  all  points  of  the  colonial 
territory  not  actually  occupied  by  establishnu'iits  of  tluf  Company  or 
l)resent  colonial  iidnibitants,  and  to  occupy  for  their  dwellings,  out- 
buildings, and  tilling  all  necessary  areas  of  unoccni)ied  lands. 

14.  Until  further  orders  from  the  (Jovernment,  the  iidmbitants  of 
the  Colonies  shsill  not  be  subject  to  any  direct  taxes,  either  in  behalf  of 
the  ('I'own  or  of  the  Russian  American  Coujpany. 

l."i.  Hvcry  description  of  trade,  except  the  fur  trade,  8hall  be  free  to 
all  the  residents  of  the  Coh)nies  and  to  all  Kussian  subjects  without 
distin«'ti<ui  oi-  limitation. 

As  regards  the  fur  trade:  (a)  Reserve  to  the  Russian  American  <'oin- 
pan\  until  .January  1,  '8.S2,  the  exclusive  right  of  engaging  in  the  fur 
traile  within  the  following  limits  only:  On  the  i)eninsula  of  Alaska, 
taking  tor  its  northern  boundary  the  line  from  ('a]>e  Douglas,  in  the 
Bay  of  Kenai,  to  the  upper  shore(»f  lliamna  Lake;  upon  all  the  islands 
situat«Hl  along  the  coastof  that  peninsula,  namely,  the  Aleutian  Islands, 
tin' Comma nder  Islands,  the  Kurile  Islands,  as  well  as  up(»n  the  islands 
situated  in  Reriiig  Sea,  and  ahmg  the  whole  western  shoie'  of  Bering 
^H^a.  As  regards  the  region  stretching  northeast  of  the  Alaska  penin- 
sula, ahmg  the  whole  of  the  coast  up  to  tlie  boundary  line  contiguous 
with  f5l»*  {lossessionsof  (Ireat  Britain,  and  on  the  islands  situated  along 


f 


'  It  in  cIiMir  from  the  context  that  it  in  inteiiiled  to  icl'tT  to  the  casttTii  shore  of 
BtTiiiy  Sea. 


I 


,J;i 
It. 


78 


RISSIAN    ("OKKKSI'ONDKXCK    FtKLA'nN(»    TO 


ili*^ 


1,^', 


that  (uiast,  iiH'Indliifi  Sitka  iiiul  the  wliolrof  tlu'  KoI<tsliian  aiThl]»olajro, 
and  likewise  on  the  (iontinrnt  of  the  nortlieni  part  ofAinerica,  thejuiv- 
ih'j;e  of  the  company  to  exrhisively  <'nj;afje  in  fur  trade  sliali  be  al>oI- 
islied.  (h)  All  rohtnial  residents  and  scttU'rs  who  are  Russian  subjeets 
shall  lie  allowed  t()  engage  in  tin'  fur  tiado,  under  speeial  rej^ulations 
to  ln'  presrrilied  upon  tlie  subjej-t  in  all  the  ])laees  within  tin'  Ivussian 
jiossessions  wheiein  the  exclusive  rijfht  of  tlu'  K'ussian  American  Com- 
pany is  abolislu'd  as  stated  above.  All (M her  Russian  subjects  not  per- 
nnnu'iit  residents  of  the  <'oloni«'s  shall  be  free  to  trade  witli  the  natives 
for  fnrs,  Imt  n()t  to  <'ii}«a{«<'  in  linntiiifr  fur  beariuff  aninnds. 

I().  The  general  administration  of  the  Colonies  and  su]iervision  over 
the  mana<{»'nient  of  the  Company's  atlairs  shall  be  entrusted  to  a  chief 
manager,  ap|)(tintcd  by  the  Kmpcror,  and  independent  of  the  Comi>any, 
who  shall  be  subject  to  the  immediate  orders  of  the  <iovernment  and 
assisted  by  colonial  council  composed  of  members  a]>pointed  by  the 
Coveinment  and  nuMnbers  ap))ointed  by  the  Russian  American  Com- 
|)any,  in  such  ninnbcr  as  may  be  necessaiy  for  the  coiuluct  of  the  busi- 
ness and  jtcrformancc  of  special  nn'ssions.  Tim  expense  of  nmintaining 
the  chief  manaji'j'r  and  the  council  assisting;'  him  shall  be  borne  by  the 
Imi)erial  Treasury,  nnd«'r  the  estinmtesof  the  Ministerof  Marine.  The 
iluties  and  rijihts  of  the  mana^ier  and  couniiil  shall  be  determined  by 
special  instructions  or  ordinances. 

17.  The  supervision  of  the  Kussian  American  Colonies  and  tin'  Ifussian 
Amerii'an  Company  shall  form  a  part  of  the  duties  »>f  the  Minister  of 
.Marine. 

in  i)ursuance  of  the  above  cited  oi>inion  of  the  State  ecmncil,  ap- 
l)roved  by  tlu^  Kmperoi- .lune  14,  I  communicatt^  to  the  board  of  admin* 
istration  of  the  IJussian  American  C(uni»any  the  i)rin<'ii>les  as  specilied 
above,  for  the  incparation  of  the  Company's  charter  and  colonial  rejjn- 
lations,  and  hereby  invite  the  boaid  to  sid)mit  a  project  to  be  presented 
for  the  final  consideration  of  the  State  <*ouncil,  and  to  convoke  a  };eneral 
meetin}-'  of  the  stockholders  of  the  Russian  American  Company,  agree- 
ably to  the  provisions  of  sections  2182  and  21.S4,  part  I,  volunu*  10,  Code 
of  Civil  Laws,  t'dition  of  18r»7,  which  nu'ctiii};  shall  be  attendt'd  by  the 
};r«'atest  possible  number  of  st«M'khoIders  for  the  consideration  of  this 
subject. 

The  orifiinal  was  sijjned  by  the  INlinister  of  Finance  and  by  the  Sec- 
retary of  State,  licitern,  and  in  tin*  absj'uceof  thediiector  by  the  acting 
director  of  the  ollice  of  the  .Ministry  of  Kinauee,  Kodsko. 

A  true  coi»y: 

A.  Ti.MKovsKr, 

Chief  ChrJc. 


No.  19. 


I'K 


Conceruhiff  f lie  (jrfDi till g  of  a  foiirtii  charier  to  the  Rmslan  American 

Company. 


April  2, 1806. 


KoNSTANTIX, 

Presi^lent  of  the  Council  of  iitatc. 


ii 


THK    lUISSIAN    AMKKICAN    COMPANY. 
OPINION   OF  THE  COl'NriL  OP  STATK.' 


70 


The  roiincil  of  Stiite  in  the  DrpaitiiK'nt  of  tlic  Iinpci-ial  Doinaiii  in 
its  ;>»'iu'i'iil  session  iiavin^'  coiisidcicd  flie  n-poit  of  tlu'  MinisttT  (»f 
Finanrr  <-oiirernin;'Mie  revision  of  tliccliartei-ot"  the  Ifnssian  American 
<'uni|>any  and  t)ie  oipini/ation  of  the  Itnssian  American  Colonies,  reii- 
,lei'(>d  tlie  follow iiig  o|iini<Mi:  In  moditicatioii  and  explanation  of  the 
respective  provisions  contained  in  the  o])inion  of  the  Conncil  of  State, 
HpproNcd  by  the  Kmper()r  on  Jnne  14,  1S0."»,  coiM-erninj^'  the  i>rincipal 
featur«'s  of  the  new  i-harter  of  the  Knssian  American  Company  and  of 
colonial  re};nlations,  it  is  ordained: 

1.  (As  to  Article  I.)  The  duration  of  the  privilejics  to  be  ;;ranted  f(»r 
twi'Mty  years  tti  the  Russian  American  Company  shall  be  reckoned  from 
the  date  of  the  a|iproval  of  the  charter,  and  not  from  January  1,  1<S(>2. 

1'.  (As  to  Article  \'>,  lettt  i  a.)  The  exclusive  ri;iht  cd"  the  Companyto 
I'll;-!!};*'  in  the  fur  trade  throu^jfhout  the  entire  (colonial  territory  shall  be 
continued;  pi'ovided  that  the  manner  of  carrying  on  such  ti'ade  shall 
be  di'termined  by  re;;ulations,  to  be  pri'scribe<l  upon  i'<»nsultation  with 
the  Ministry  of  lm|>eria]  Domains. 

3.  (As  t(»  iirtii'le  2.)  The  Company  shall  be  allowed,  as  a  temporary 
nH'asnre,  for  four  y«'ars  to  issue  tickets  for  use  in  the  ('(donics  instead 
of  coin,  on  condition  that  the  total  amount  of  such  tickets  shall 
be  deti'rmined  by  the  new  «-harter  of  the  Company,  and  that  the 
tickets  shall  not  have  a  <'<)mpulsory  cin-ulation,  but  be  r«'ccived  by 
viduntary  a^reeiiH'nt  of  the  purchasers,  and  that  the  Company  shall 
be  bound  to  keep  for  tlu  redem|)tion  (d'  the  tickets  a  sutlicicnt  fund  in 
lawlul  uumey;  the  details  and  conditions  (»f  this  matter  shall  be  deter- 
nnned  by  the  new  re<>ulations  and  «'harter  of  the  ( 'ompany. 

-I.  (As  to  Arti<*les  8and !).)  The  provisions  to  be  included  in  the  new 
ehartt'r  of  tlu?  Company  concerninj;' the  opeiiin;;  t»»lrce  trade  ofthe  ports 
of  New  Archangel  and  Sitka,  and  oi  St.  Paul,  on  Kadiak  Island,  and 
the  introduction  into  the  Colonies  generally  of  such  trade  and  of  indus- 
tiies,  also  the  provisions  cotu-erning  the  importation  ami  sale  of  spir- 
ituous liipiors,  and  the  sujiplying  of  aims  ami  povvdei-,  shall  be  in 
accordani'e  with  the  proposititms  now  submitted  by  the  Company;  pro- 
vi(b'd,that  thecomnu'ntial  numopoly  heretofore  enjoyed  by  the  Company 
shall  under  no  ]u-etext  bt;  continued. 

o.  The  Company  shall  be  allowed  to  increase  its  original  c-apital  by 
the  issue  of  stock  subj«'ct  to  gracbial  redemption  in  twenty  years,  which 
redemption  shall  be  etlected  by  the  Comjtany  from  its  own  resources, 
without  any  guarantee  on  the  part  of  the  (lovernnu'ut. 

0.  In  regard  to  an  annual  subsidy  from  the  (ioverinuent  to  the  Com- 
]|)any,  the  Minister  of  Finance  is  instructed  to  submit  a  report,  after  due 
tMUisultatiou  with  the  Company, and  in  proi»er  tinu'  and  usual  course  of 
procedure. 

7.  l-'urther  necessary  stei)s  fen*  the  preparation  of  a  new  (dnirter  of 
the  Company  and  of  the  colonial  regulations  shall  betaken  by  the  Min- 
ister of  Marine  in  the  nmniuu'  imlicated  in  the  opinion  of  the  Council 
o\'  State,  approved  by  His  Majesty  June  14,  l.Stjri. 

All  previ(msly  conilrmed  jirineiples  of  the  decision  of  June  14,  18(>5, 
renndu  in  force. 


[ 


il 

I 


■('opit-il  tViinitlK'Jonnialsdf  Mio  Iiiipi'iinl  Citinicilsiif  PiililicDuiuiiiii,  Juiuiaiy  15uiul 
Maicli  2,  and  of  the  I'lciiary  Council  of  March  11,  18UG. 


I 


80 


UISSIA.V    CoUKlvSpoNDKNCK    KKI.ATINO   TO 


I  ill; 
if 


Tlu>  nriy:iiiiil  is  sijjiicd  in  tin*  joiiriisils  by  tlio  pn-siiU'iitsaiul  iiicmbcrs. 
CfitilltMl  hy — 

Yermakofk, 

Vi<r-  Ui  rector. 
K.  Uadetski, 

Chief  of  IUckion, 
True  <*<»i)y: 

A.  TlMKOVSKY. 


|!K, 


'  v" 


No.  L'O. 
I'roc'hi  Illation, 

It  is  lnM'«'by  i>r(M'liiinnMl  fo  all  wlioiii  it  may  concern,  that  if  any  jut- 
son  or  jMTHons,  after  ij'atlin;'"  these  presents,  (hies  not  immediately 
abandon  Itnssian  territory  or  waters,  or  continue  Ibrbidden  trade  or 
tratlic,  tliey  shall  be  seized  forthwith  upon  the  arrival  of  the  (irst 
Itnssian  vessel  upon  the  st-cne  of  their  ille^jal  transactions  an<l  taken 
for  trial  to  New  Archan;;'el,  and  all  yoods,  as  well  as  the  vessel  found 
in  possession  of  sn<'h  |)ersoiis,  shall  be  c<mll.scate<l. 

(Jiven  at  tin"  port  of  New  Archanfjel,  ou  the  Northwest  Coast  of 
America,  this  jj'''  day  of  September,  1804. 


li''. 


in 


'i' 


til* 

ill 

IS, 

I- 


PART  II. -ILLUSTRATING  RUSSIAN  MANAGEMENT  OF  THE  SEAL 

ISLANDS. 

No.  21. 

Letter  from  the  TUmril  of  Adiiiiiiiittrotioii  of  the  Tiiissinn  Amerienn 
Coiiipoiiif  to  Ale.r(iinler  Aiiilreieriteh  llnronof  Chief  Moniif/er  of  the 
liitxniitii  Aiiierieaii  Colonies.    Written  from  St.l'etemlnirff,  April  (i,  is  17. 

The  board  of  administration  of  tin*  (Company  inclo.ses  herewith  for 
your  infonnation  a  copy  of  a  report  from  the  Kiakhta  ottiee,  relatinjj  Ut 
the  favorable  reception  by  the  Chinese  at  Kiakhtaof  fur  seal  skins, 
and  <lesires  you  to  use  your  best  endeavors  to  send  Ut  Okhotsk  for  the 
Kiakhta  market  such  kinds  of  furs  as  are  preferred  by  the  (Jbiuese, 
and  not  to  send  any  youug  sea  lion  skins. 

[Incliisuru.] 

Report  of  the  Kiakhta  ojfiee  to  the  Hoard  of  Athninintraiion  of  the  Russian 

American  Company. 

No.  137.]  February  8tli,  1S17. 

This  otlice  had  the  honor  to  receive  ou  the  first  instant  the  order  of 
the  boanl  of  administration,  dated  Det'cmber  14, 181<»,  No.  715,  in  which 
dire«5tious  are  jiiven  in  disposiufi'  of  the  fur-seal  skins  received  by  the 
ship  iSHjv»;-o/"to  obsi'rve  what  kinds  of  skins  are  preferred.  In  refer- 
ence to  this  th(^  ()t1ice  has  the  honor  to  rejmrt  that  the  fur  seal  skins 
from  both  the  ships  Koiistaiitiii  and  Sitrorof  wvre  sold  to};ether,  but  it 
was  noticed,  from  the  manner  in  which  the  skins  were  received  by  the 


u 


Tin;    lUJSSIAN    AMKRICAN    COMPANY. 


81 


Cliiiicsc,  thsit  the  l.'iO  liarlirlor  and  yoiiii;.^  hull  skins  IVmmi  tli<>  ship 
Sitntrnf  wi'w  not  sirrrptrd  as  Calit'ornia  skins,  whicli  aro  »M»Msj(l«'r<'(l  l>y 
tlie  (vlilnesc  to  In''  wortli  one  and  a  liall'  times  as  nnicli  as  the  yrays. 
The  Indls  and  yonny  Indls  H'c«'ivt'd  by  tin-  h'oiisiinifiti  aif  va'v.od  still 
lii}l'li<>r  tlian  tin*  bachelors,  altlion^li  the  liair  on  tlirni  is  foais*-  andean 
not  lie  ntilixed:  tlie  skins,  however,  aie  iaijic  of  oood  texture,  and  «»t 
whitish-yellow  color,  the,  hair  Imun  phieked  out  so  as  to  leave  oidy  the 
till' on  the  skin.  The  I'm*  thus  olitained  is  dyed  ami  is  then  n>a<ly  I'mi- 
use.  The  {frays  from  the  ship  jS'»ror»/"liave  i-leaned  skin,  but  slunt  haii', 
and  are  latliei'  thin.  They  were  valued  lower  than  those  Crointhe  Ixon- 
M//n(^'H,  whieh,  aKhou;>'h  of  a  paler  color  and  with  reddish  spots,  are 
lar^icr  in  sixe  and  have  a  thicker  and  lon{>°er  t'ur.  Onr  tViends  (tlut< 'hi- 
nese)  are  very  particular  as  to  quality,  andnot  less  particular  as  to  size; 
tln'y  sort  and  measure  by  inches,  and  they  therefore  valued  the  skins 
broii;^'lit  by  the  h'oti.itontin  hij^her  than  the  bachelors  and  yrays  from 
the  Siirorof.  The  young  sea  lion  skins  received  by  this olHce  ha\e  been 
exhibited,  but  inasniu<-h  as  they  liav(>  no  fur  and  short  hair,  though 
they  make  a  very  g<tod  hide,  our  friends  refused  to  take  tlu'UJ  at  any 
price,  but  asked  that  they  i»e  given  a  couple  of  skins  to  take  to  Kal- 
gan,  where  they  might  ascertain  by  exi»eriment  whether  they  (M>uld  bo 
utilized  for  any  purpose. 

DkMKTKI    KrZiNKTZOF, 

Manafjcr. 
Vassili  Joukof, 

Bookkeeper. 


No.  22. 


Letter  from  the  Board  of  Adminintration  of  the  Ruftsinn  Ameriean  Com- 
funijf  to  Captain  of  the  first  rank  ami  Kn'ujht  Ailolf  Carloritvh  Ktholin, 
Chief  Manager  of  the  RnMxian  American,  colonics.  Written  from  ISt. 
rctershnrjf,  March  .v,  liSU. 

The  regulations  of  the  fui'-seal  industry  mentioned  in  your  dis]>ateh 
N(».  L'ST,  of  May!>,  1S4;'.,  are  fully  approved  and  conlirmed  by  the  Ixtard 
of  administration,  ami  the  propost'd  close  s»'ason  on  the  Island  of  St. 
(leorge  and  the  Commander  Ishnnls  is  hereby  <n'dered.  For  the  pur- 
]»ose  of  preserving  this  most  valuable  resource,  the  board  of  adminis- 
tiation  respt'ctfully  reipu'sts  you  to  make  it  your  i»ermanent  rule  to 
('ondnet  the  annual  catch  in  such  a  manner  that  not  only  the  rookeries 
Avill  not  be  depleted,  but  that  tbey  will  be  allowed  to  increase,  /.  r.,  that 
the  annual  increase  should  always  exceed  the  anniuil  ci'.tch. 

In  order  not  to  disturb  pi-ices  at  present,  an  annual  shipment  of 
10,0(H)  i'ur-seal  skins  to  Kussia  w  ill  suflice. 

Wrangkl, 
A.  Skveiun, 

N.    I'KOlvOFVEF, 
if.  KUSOF, 

Directors. 
11 


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1. 


82 


EUSSIAN    CORRESPONDENCE    RELATING    TO 


No.  23. 


Letter  from  the  Boarrl  of  Adminhtration  of  the  Russian  American  Com- 
pany  to  Captain  of  the  Imperial  Xary  of  the  second  rank  Alexander 
Hitch  Rudakof.     Written  from  ^t.  Fetersbury,  April  :*:*,  1853. 

From  (lispiitc-lies  received  from  your  Excellency's  predecessor  we  learn 
that  the  fur-seals  in  the  Colonies  are  lapidly  increasing,  and  as  there  is 
every  appearance  of  a  good  nuu'ket  for  the  same,  the  board  of  adminis- 
tration instructs  you  herewith  to  make  all  necessay  arrangements  for 
carryiug  on  tlie  scaling  industry  on  all  the  islands  frequtmted  by  these 
animals  to  the  fuli  exteutof  their  capacity,  without  depleting  the  rook- 
eries. The  rules  for  the  protection  of  fenuiles,  etc.,  will  be  strictly  ob- 
served as  heretofore. 

Of  the  fur-seal  (jatchyou  will  forward  annually  0,000  skins  to  Kiakhta 
by  way  of  Ayan ;  10,000  skins  to  Shanghai,  ami  the  reuuiinder  to  St. 
Petersburg  on  the  Company's  ships. 

At  the  present  time,  the  board  of  administration  orders  the  discon- 
tinuance of  the  present  process  of  salting  skins,  as  being  unfavorable 
to  the  sale  of  fur-seal  skins. 

V.  POLITKOVSKY, 

Vresiding  Officer. 
V.  Klupfel, 
A.  Etholin, 
N.  KUSOF, 
Baron  Wrangell, 

Members, 


No.  24. 


Letter  from  the  Board  of  Administration  of  the  Russian  American  Com- 
pany to  Captain  of  the  First  Rank  and  Knight  IStepan    Vassiiieriteh 
Voyerodsky,  chief  manayer  of  the  Russian  American  Colonies.     Written 
from  ISt.  I'etersbury,  April  J^i,  185L 

In  his  dispatch.  No.  318,  dated  May  30,  18r)3,  Captain  Rudakof,  in 
rejtorting  the  increase  of  fur-seals  on  the  Island  of  St.  Paul,  and  his 
action  relating  to  the  fur-seal  industry,  requests  a  decision  from  the 
board  of  administration  as  to  the  number  of  seals  to  be  killed  in  the 
future,  and  the  grade  of  skins  preferred. 

The  board  of  administration,  therefore,  respectfully  requests  your 
excellency  to  order  the  killing  principally  of  bachelors,  the  older  the 
better,  since  our  custonuu-s  are  eager  to  secure  large  skins.  Small 
seals  should  be  killed  only  in  numbers  sufficient  to  supply  the  deman«l 
for  oil  and  food  lor  the  natives.  Since,  however,  at  present,  the 
demand  for  lur-seal  skins  has  somewhat  diminished,  the  catch  may 
be  limited  to  such  a  nund)er  as  will  not  interfere  with  a  regular  increase, 
until  a  greater  demand  has  again  been  created.  To  this  end  the  board 
of  managers  is  devoting  all  its  energies. 

V.  Klupfel, 

Presiding  Officer. 

A.  E'J'HOLIN, 

N.  KusoF, 
Baron  Wrangell, 

Memhera, 


THE   RUSSIAN   AMERICAN   COMPANY. 


83 


No.  25. 


Letter  from  the  Board  of  Admitmtration  of  the  Jfusftinn  Ameriean  Com- 
pany to  Captain  of  the  second  rank  Prince  Makantof  chief  muna<icr  of 
the  RuHHian  American  Colonies.  Written  from  i^t.  Fetersbury,  Xocem- 
ber  8,  185 i. 

At  the  present  time  the  market  for  fur-seal  skius  is  liiuih'd  to  tlie 
number  of  43,(M)0,  namely:  In  New  York,  from  2(),(K)0  to  21,000;  at  St. 
Petersburg,  from  ir>,000  to  16,()(K},  and  at  Irkutsk,  from  5,000  to  (),0(U) 
skins,  wbicU  must  all  be  of  the  best  quality,  /.  e.,  full-grown  males, 
half  j?rown  males,  large  and  medium  bachelors. 

The  whole  number  sent  to  New  York  may  be  salted,  but  the  buyers 
detnand  that  all  fat  or  blubber  be  removed  very  carefully  previous  to 
salting,  for  the  better  preservation  and  further  prei>arati(m  of  the  skins. 
The  skins  nuiy  be  shipped  to  New  York  by  San  Francisco,  preferably 
as  supplementary  freight  on  the  clippers  of  the  New  York  and  (Cali- 
fornia trade,  as  in  this  manner  they  can  be  forwarded  quite  cheaply. 
At  St.  Petersburg  only  dried  skins  are  in  demand.  These  should  be 
shipped  in  our  own  vessels,  but  in  the  absence  of  such,  they  may  also 
be  shipped  by  San  Francisco  or  Victoria,  preferably  on  ships  bound  for 
London,  where  they  will  be  consigned  to  Pelly  &  Co.,  or  to  Hamburg, 
consigned  to  Strong  &  Co.,  thence  to  be  forwarded  to  their  destination, 
since  no  ships  bound  for  St.  Petersburg  or  Kronstadt  can  be  found  at 
San  Francisco,  and  to  charter  special  vessels  is  very  expensive. 

At  Irkutsk  also,  only  dry  skins  are  required ;  they  may  be  forwarded 
by  Ayan. 

At  the  same  time  the  board  of  administration  asks  you  to  make 
arrangements  to  enable  you,  with  the  proposed  increase  in  the  fur-seal 
catch  to  50,000  skins  per  annum,  to  ship  43,000  as  indicated  above  in 
due  time  to  their  several  destinations,  storing  the  remainder  at  New 
Archangel  for  use  in  case  of  special  demands.  In  order  that  these 
stored  skins  may  not  spoil  in  the  warehouses  you  will  make  it  a  rule  to 
ship  the  reserve  of  each  year  to  Kussia  in  the  folloAving  year,  rejtlac- 


ing  them  from  the  new  surplus.    The 


killing 


of  small  seals  should  be 


avoided  altogether,  if  possible,  but  if  it  must  be  done,  for  the  sake  of 
procuring  food,  you  must  And  means  of  using  the  skins  for  clothing  in 
the  Colonies,  keeping  a  strict  watch  to  prevent  their  falling  into  the 
hands  of  foreign  traders.  In  the  opinion  of  the  board  there  can  be  no 
ditttculty  in  i)reparing  su(!h  small  skins  in  the  Colonies,  where  so  many 
men  are  in  need  of  employment  whom  we  can  more  easily  assist  in  this 
way  than  with  direct  charity. 

In  connection  with  this  object  of  flnding  a  market  for  the  small  seal- 
skins, the  board  of  administration  would  ask  you  to  introduce  their 
use  as  an  article  of  clothing  among  the  savages  of  the  northern  dis- 
tricts who  may  purchase  tliem  with  other  furs,  which  the  Company 
could  dispose  of  at  a  greater  profit.  The  principal  object  in  trying  to 
accustom  the  natives  to  the  use  of  small  fur-seal  skins  for  their  cloth- 
ing is  of  course  to  prevent  their  falling  into  the  hands  of  foreigners. 

V.  Klupfel, 

Fresidintf  Officer. 
N.  Tebenkof, 
V.  Zavoiko, 

Members. 


I 


.  J. 
5 


84 


RUSSIAN   CORRESPONDENCE   RELATING  TO 


No.  20. 


!*"■' 


i 


V 

il 


I: 


Letter  from  the  Board  of  Administration  of  the  Russian  American 
Cotnpau}/  to  (^aptain  of  the  first  rank  and  Knight  Stepan  Vassilie' 
ritvh  VoiferodsJ,-y,  Chief  Manayer  of  the  Ktissian  American  Colonics. 
Written  from  ISt.  Pcterslntrg,  June  5,  1857. 

In  reply  to  your  exci'lleiicy's  desi)atcli  No.  41,  of  March  9,  concern- 
iiiji'  tlu'  sliipiiu'iit  of  furs  to  New  York  and  Shanghai,  the  boanl  of 
administration  lias  the  honor  to  inform  you  that  the  annual  demand 
for  fur-seal  skins  in  Knssia  has  now  increased  to  15,(M)0  dry  skins,  of 
A\hich  "),(►(>(>  are  for  the  Kiakhta  market;  at  this  place  only  2,()(K) 
beavers  will  be  required.  The  remaining  number  of  fur-seals,  12,(M)0 
or  more,  principally  salted  (in  which  shape  they  are  preferred),  you 
will  dispatch  in  the  autumn  to  Messrs.  Lobach  &  Sche])pler  of  New 
York  innnediately  after  the  arrival  of  the  ship  from  the  distri<'ts,  with- 
out subjecting  the  skins  to  any  kind  of  treatment  at  New  Anrhangel, 
leaving  them  just  as  they  are  when  they  arrive  from  the  districts,  and 
in  the  same  ])ackages. 

At  the  sanu'  time  the  board  of  administration  places  upon  the  men 
in  charge^  of  sealing  gangs  the  strictest  injunctions  to  discontinue  the 
killing  of  small  gray  seals,  and  in  no  case  to  ship  them  away  from  the 
Colonies,  since  they  seriously  interfere  with  profitable  sales  of  fur- 
seals  in  Knssia  and  in  foreign  markets,  where  only  the  la?  ^^er  skins 
secure  good  x)nces. 

V.  POLITKOVSKY, 

Presiding  Officer. 
V.  Klupfel, 
A.  Etholin, 
M.  Tebbnkof, 

Members. 


No.  27. 


li.-> 


Letter  from  the  Chief  Hfa,nager  of  the  Russian  American  Colonies  to  the 
Board  of  Administration  of  the  Russian  American  Company.  Written 
from  the  Colonics,  October  7,  1857. 


CONCERNING  FUR-SEALS  AND   BEAVERS. 


J.M 


Referring  to  the  dispatches  of  the  board,  Nos.  035  and  050,  dried  re- 
spectively June  5  and  10,  ami  received  on  the  7th  of  September  of  this 
year,  I  have  the  honor  to  report  that  the  instructions  contained  therein 
in  regard  tt>  fur-seals  and  beavers  will  be  carried  into  effect  at  once. 
From  the  fur-seal  skins  on  hand  10,000  have  been  i)acked  and  forwarded 
by  the  shij)  Czarevitch  to  Kronstatlt;  5,000  skius  will  be  put  aside  for 
shipment  to  Kiakhta  by  way  of  Ayan ;  and  the  remainder,  about  5,000 
skins,  not  including  grays,  will  be  forwarded  to  New  York,  together 
with  all  the  beaver  skins  which  can  be  collected,  except  the  2,000  skins 
destined  for  Kiakhta. 

The  fur  seal  skins  require  no  working  over  in  New  Archangel,  but 
when  the  fact  is  taken  into  consideration  that  they  will  have  to  stand 
the  passage  across  the  equator  and  the  tropics  twice,  it  will  hardly  be 
safe  to  send  them  to  New  York,  as  indicated  in  the  dispatch  of  tht) 
board,  in  the  same  packages  in  which  they  are  received  from  the  vari- 


THE    RUSSIAN    AMERICAN    COMPANY. 


85 


ons  districts,  i.  c,  in  bundles  of  several  tens  of  skins,  bound  by  leather 
straps. 

A('<!ordinft'  to  information  received  by  me  from  Messrs.  Lobecli  and 
Sliei)]>Jer,  the  peoi)le  at  >Jew  York  were  greatly  pleased  with  th(^  Wiiy 
in  which  our  skins  were  forwarded  and  packed,  the  same  having  been 
received  in  good  order,  and  it  is  i)robable  that  it  would  be  better  to  con- 
tinue packing  in  the  same  way,  and,  by  way  of  experiment,  to  sen<l  two 
or  three  packages  in  the  c«mdition  in  which  they  are  received  from  the 
colonial  districts. 

Messrs.  Lobech  aud  Sheppler  advised  that  in  packing  the  skins  should 
not  be  folded  on  acconnt  of  their  liability  to  break  at  the  folds;  this 
advice  will  be  followed  in  future  in  shii)i)ingof  skins  around  the  world. 

The  salting  of  fur-seals,  which  had  been  stopped  by  ord<'r  of  the 
boanl,  will  be  renewed  next  year;  but  inasnuich  as  the  ordei-s  to  tiiat 
etfe(;t  will  reach  the  islands  of  Ht.  Paul  and  St.  (leorge  not»'arlier  than 
in  tlie  summer  of  that  y<'ar,  tlu^  receipt  of  a  siitlicient  number  of  salted 
skins  from  tho  e  islan<ls  in  the  same  year  can  not  be  guaranteed. 

The  exper'ment  of  salting  fur-seal  skins  in  New  Arciiangel  will  also 
be  made. 

In  regard  to  gray  seals,  1  have  the  honor  to  express  the  oi)inion  that 
the  number  of  such  seals  taken  should  be  increas»Hl.  Until  now,  only 
such  nund)er  of  these  seals  was  taken  as  was  necessary  for  obtaining 
blubber  to  supply  the  wants  ol  the  Aleuts  on  the  islands  and  to  semi 
to  St.  Michael's  redoubt  in  exchange  for  skins  furnished  by  the  inde- 
pendent natives,  but  of  late  the  (U'mand  for  blubber  in  New  Archangel 
itself  has  been  on  the  increase  by  reason  of  the  increase  in  tlie  number 
of  steamers  and  engines. 

The  blubber  to  be  found  in  this  market  comes  very  high,  and  in  order 
to  reduce  the  ex]»ense  1  sent  orders  to  the  islands  of  St.  Paul  and 
St.  (ieorge  for  sui)plies  of  fur-seal  blubber,  and  hav«'  now  received 
about  a  thousand  gallons  of  seal  oil,  the  cost  of  which  at  San  Fran('is<',o 
would  be  about  8,000  ]>aper  rubles.  In  view  of  the  above  stale<l  consid- 
erations, while  issuing  orders  for  the  suppression,  as  far  as  i>racticable, 
of  the  killing  of  small  gray  seals,  tit  only  for  oil  and  meat,  as  winter 
supplies,  I  find  it  necessary  to  request  definite  instructions  from  the 
board  of  administration  as  to  the  absolute  suspension  of  such  killing. 
Should,  however,  the  board,  in  view^  of  the  above-stated  circumstances, 
authorize  the  killing  of  gray  seals  in  such  quantities  as  may  be  neces- 
sary for  the  supplies  of  blubber  and  meat  required  by  the  natives  and 
residents  on  the  islan<ls  of  St.  Paul  and  St.  (icorge,  in  such  case  the 
questi(m  will  arise  as  to  the  disposition  of  the  skin. 

At  the  i)resent  time,  there  are  about  5,000  such  skins  in  the  ware- 
house, and  if  about  3,000  skins  a  year  be  taken,  then  in  a  f«'w  years  a 
quantity  will  be  accunudated  which  will  require  a  correspondingly 
large  place  of  storage.  I  am  in(!lined  to  the  opinion  that  in  case  the 
sending  of  such  skins  to  Russia  and  foreign  markets  should  pro\'e  un- 
l)rofitable,  an  attempt  nnght  be  made  to  dispose  of  them  in  the  colonies 
for  making  garments  and  coats,  whi(!h,  if  the  tanning  is  good,  may  be 
substituted  for  sheep-skin  coats. 

As  an  experiment  a  few  garments  might  be  made  from  tl.  .  kins  now 
lying  unused  in  warehcmses. 

In  conclusion,  I  have  the  honor  to  report  to  the  board  of  adminis- 
traticm  that  according  to  infornrnticm  now  received,  the  fur-seal  rook- 
eries in  all  places,  but  i)articularly  on  the  island  of  St.  Paul,  are  so 
crowded  that  all  available  points  for  breeding  are  filled  and  they  a]»- 
pear  to  be  adequate  so  that  an  extension  of  the  catch  is  deemed  iudis- 
pensablej  aud  this  will  be  carried  into  ettect  next  year. 


t. 


rr 


86 


RUSSIAN   CORRESPONDENCE   RELATING   TO 


No.  28. 


Letter  from  the  Chief  M'.tnager  of  the  liumnn  Amerkan  Colonies  to  the 
Hoard  of  Adiiiinistralioii  of  the  hi(ssian  Ameriean  Cotnp<iiiy.      Written 
from  the  Colonlea,  January  lo,  lti'>9. 

CONCEUNING  FUE-SEALS. 

In  acrordaiu'O  with  tlie  iiistructioiia  of  the  hoard  of  administration 
in  disi)at«'h  No.  007,  datod  .Time  5,  1.S58,  and  received  on  tlie  lM  of  No- 
veraher,  there  were  sent  by  tlie  ship  Kamchatka,  in  a<hlition  to  tlie  10,(KM) 
ordered  by  former  instructions,  l(),()(>4  skins  which  ha<l  been  prejiared 
and  i»acked  before  the  receipt  of  dispatch  No.  (J!)7,  for  shipment  to  New 
York;  thereafter  tliere  remained  .^(JOOdry  skins  and  1,17(5  salted  skins, 
which  are  now  sent  per  brij>  Kadiak  to  San  Francisco,  for  transmission 
to  Messrs.  Lobach  and  Slieppler. 

In  regard  to  the  in(iu!/y  of  the  board  as  to  the  number  of  fur- 
seals  which  might  be  taken  annually  in  the  Colonies  without  detri- 
ment to  the  preservation  of  the  s]»ecies  and  to  the  rookeries,  I  have 
the  honor  to  report  that,  acjcording  to  information  received  from 
the  manager  of  the  I'ribllof  Islands,  where  the  most  important  rook- 
eries are  situated,  and  from  the  Commander  Islands,  the  numbers  of  seals 
on  all  the  rookeries  have  increased  to  such  an  extent  as  to  render  the 
space  quite  inadequate,  and  that  it  would  be  (luite  possible  to  take  from 
all  the  rookeries  a  total  of  70,000  skins  in  one  season,  incluoiiig  the 
grays,  but  that  in  order  to  take  such  (quantity,  it  would  be  necessary 
to  increase  the  number  of  sealers  on  the  Pribilof  Islands,  and  the  sup- 
ply of  firewood  for  the  drying  of  the  skins. 

It  may  be  positively  stated  that  the  taking  of  70,000  skins  each  year 
for  a  long  period  to  come,  will  not  result  in  the  imi)overislnuent  of  the 
rookeries. 


No.  29. 

Letter  from  Captain  of  the  frst  rank  and  Knight  Iran  Vassiliviteh 
Furuhelm,  Chief  Manaijer  of  the  Eussian  Ameriean  Colouien,  to  the 
Board  of  Admin  i,st  rat  ion  of  the  RnHHian  Ameriean  Company .  ^Yr^tten 
from  the  Colon  ien,  May  13,  LSdO. 

I  have  the  honor  io  submit  to  you  herewith  a  list  of  the  furs  obtained 
during  the  [last  year  from  the  districts  of  the  colonies,  from  wliii'h  the 
board  will  learn  the  following: 

Kight  hundred  aiid  ninety-two  more  sea-otters  were  killed  than  in  the 
year  1858.  There  has  not  been  so  good  a  season  since  1844,  and  the  in- 
crease is  contined  to  the  Kadiak  district,  Unalaska,  and  Urupa. 

With  reference  to  tlie  sea-otter  industry,  the  Kadiak  ottice  reports  to 
me  that  pursuant  t(>  the  arrangements  made  by  my  predecessor  the. 
Cliugatch  people  living  in  the  vicinity  of  the  K<mstantin  redoubt,  have 
been  permitted  to  hunt  independently  of  the  general  hunting  i)arty,  in 
phices  known  only  to  themselves.  On  their  arrival  at  Kadiak,  how- 
ever, it  .appeared  tliot  they  hail  been  hunting  on  gr<mnds  upon  which  a 
close  season  had  been  pi'oclaimed  for  18r)0,  and  where  our  principal 
party  was  to  have  hunted  during  the  current  year.  Under  such  inifor- 
tuuate  circumstances,  1  can  not  hope  to  meet  with  the  same  success  in 


THE    RUSSIAN   AMERICAN   COMPANY. 


87 


the  sea-otter  industry  as  Kear  Admiral  Voyevodsliy  attained  during 
the  hist  year  of  his  management  of  the  Colonies. 

Of  beavers  TOO  nnne  were  killed  last  year  than  in  IS58.  The  annual 
differenee  in  the  flg'iires  of  this  industry  dei)en(ls  altogether  upon  local 
and  eliinatie  circumstanees,  to  wliieh  the  northern  natives  are  more  or 
less  exposed.  The  excess  of  this  year  over  last  came  chiefly  from  St. 
Mh'haels  and  the  Ivolmakovsky  redoubts,  ('astoreums  also  show  an 
excess  of  470  pair  over  1858. 

Of  fur -seals  the  output  was  11,100  less  than  in  18.")8.  The  reason 
for  this  di'crease  given  by  the  manager  of  the  island  of  St.  Paul  is  the 
late  spring,  during  winch  the  females  were  prevented  by  ice  from  reach- 
ing their  hauling  grounds  and  thereby  lost  their  young.  In  ex[)lanation 
of  this  occurrence  I  inclose  a  copy  of  the  report  of  ]Mr.  llepin,  the 
manager  of  the  island. 

I  have  dispatched  Lieutenant  VVehrman,  of  the  Imperial  ^avy,  to 
superintend  the  new  buildings  on  St.  Paul  Island  and  to  reorganize  the 
laboring  force,  which  had  become  demoralized  to  a  certain  extent. 

An  excess  of  1,143  in  this  year's  outi)ut  over  that  of  last  year  api)eared 
as  to  foxes,  smd  of  1,174  as  to  blue  foxes,  A  decrease  appears  in  lynx 
of  178  and  in  sables  of  219. 

According  to  the  rejtort  of  the  manager  of  Coi>per  Island,  sea  otters 
are  increasing  there,  and  I  have  issued  the  strictest  orders  to  prevent 
their  being  <1isturbed.  On  Atka  Island  a  <lecrease  in  sea-otters  has 
necessitated  declaring  a  close  season. 

Only  one  poud  and  thirty-six  pounds  of  walrus  ivory  have  been 
received.  The  manager  of  Unga  Island  reports  that  on  the  northern 
side  of  the  Alaska  peninsula,  in  Moller  Bay,  tive  hundied  pounds  were 
obtained  in  1850  and  1857,  and  stored  there.  On  his  visit  to  Moller 
I>ay,  in  1858,  the  ivory  was  not  found,  the  walrus  rookery  had  been 
destroyed,  and  the  storehouse  burned.  Who  committed  this  robbery 
is  not  known,  but  a  few  pieces  of  pilot  bread  and  other  remnants  of 
food,  as  well  as  an  oar  from  a  whaleboat  and  tracks  of  boots,  point  to 
the  commission  of  the  deed  by  whalers. 

This  I  have  the  honor  to  report  to  the  board  of  administration. 

[Copy  of  letter  of  Kepin,  luanajjer  of  tbe  islaml  of  St.  Paul,  dated  Juno  20,  1859, 

addresised  to  the  Chief  Mauagei.] 

Most  Gracious  Sir:  I  write  to  you  to  let  you  know  that  I  received 
all  your  orders  and  instructions  and  also  other  instructions  from  the 
captain  of  the  steamer. 

I  see  that  you  wish  me  to  have  killed  on  both  islands  not  less  than 
00,000  fur  seals  of  \arious  grades. 

I  would  say  to  you,  most  gracious  sir,  that  in  my  o])inion  it  would 
not  be  advisable  to  kill  so  large  a  number  this  year  on  St.  Paul  Island. 

The  female  seals  came  this  year  in  May  at  the  usual  time  after  the 
"  sekat(thes"  had  landed.  Only  a  few  had  come  ashore,  when,  with  a 
strong  northwest  wind,  the  ice  came  from  the  north.  It  ch>sed  around 
the  islands  and  w^as  kept  there  by  the  wind  for  thirteen  days.  The  ice 
was  nmch  broken  and  was  kept  in  motion  by  the  sea. 

It  is  an  actual  fat't,  most  gracious  sir,  that  tiie  fenuiles  could  not  reach 
the  shore  through  the  ice.  Some  of  the  Aleuts  went  out  as  far  as  it  was 
safe  to  g:o  on  the  larger  pieces  of  ice,  and  they  saw  tln^  water  full  of 
seals.  When  the  northwest  gale  ceased,  the  ice  remained  for  nearly  a 
week  longer,  being  ground  up  in  the  heavy  swell,  and  no  females  could 
land.    A  few  "  sekatches"  tried  to  go  out  to  sea,  but  did  not  succeed. 


88 


RUSSIAN   COUUKSPONDKNCE    UELATINO    TO 


On  tlio.  10th  of  June  tln^  first  fiMnnh's  bojjan  to  land,  but  tlicy  caiiTe 
slowly,  and  it  was  voiy  latii  wlu'ii  the  rookeries  beji;:aH  t:)  till.  Very  few 
of  tlie  fenniles — no  more  than  one  out  of  twenty  or  twt'nty-tive — liad 
tu'ir  young  after  tlu>y  eame  ashore.  Nearly  all  must  have  lost  them 
'••  the  water,  as  for  many  weeks  sinee  the  iee  went  away  tlie  l)odies  ol 
youn}»'  seals  Imve  been  washed  up  by  the  sea  in  thousancls.  This  misfor- 
tune t  must  humbly  report  to  vou.  It  was  not  the  work  of  man,  but  of 
God. 

Your  very  humble  servant, 

Ivan  Kkpin, 
Manager  of  at.  I'aul  Island. 


No.  m. 


1 

if: 


fi 


\i\ 


H;'| 


.,.1'i 


Letter  from  Captain  of  the  frst  rank  ami  Kniffht  Iran  Vas,siliriteh 
Fnrnlichn,  Chief  Manat/er  of  the  Rnnsian  American  Colonies,  to  the 
board  of  administration  of  the  Mussian  American  Company.  Written 
from  the  Colonies,  July  1(1,  1803. 

In  reply  to  the  communication  addressed  to  my  predecessor  by  the 
board  of  administration  January  31st  of  this  year,  No.  Ill,  1  have  the 
honor  to  submit  for  your  consideration  the  subjoined  statement  of  the 
cost  of  preparing  the  dried  and  salted  fur-seal  skins : 

REQUIKED  FOn  THE  DRYING  OF   SEALSKIXS. 

Rnblos. 

Wood  for  o.ach  1,000  skins,  2^  fathoms,  iiiakiu}:^  the  cost  of  each  skin 2. 85 

For  tyiiif?  the  bniidleof  100  skins.  12  arshiu  sea  lion-hide  straps  (a  nicdiniu-sized 
skin  worth  40  kopek  yiehls  10  arshin  strajis),  making  for  one  skin 10 

Total 2.05 

Or 3.(X» 

To  this  we  must  add  tlie  pay  of  the  Aleuts  for  each  bachelor  seal  skin 75.00 

Total 78.00 

REQCIUED   FOR  THE    SALTING   OF    SEAL  SKINS. 

The  casks  contain  an  average  of  73  skins,  and  cost  5  rnhles;  the  iron  hoops 
and  fastenin<>s  weigh  17  pounds,  costing  Or.  SOA'.,  a  total  of  llr.  HOk.,  mak- 
ing for  1  skin 16 

For  the  prelinnnary  salting  on  the  islands  3A  ponds  of  salt  arc  used  for  each 
skin;  during  the  final  salting  in  New  Archangel,  8  jtonds  of  salt  are 
added  to  each  cask  of  73  skins,  making  1. 1  pouds  for  each  skin,  a  total 
of  7.9  pouds  of  salt 79 

For  tying  each  skin  1^  zol.  twiue 02^ 

For  the  we.ar  and  tear  of  coopers'  instruments  and  material,  approximately 
for  each  skin 01 

Total 08 

To  this  must  be  added  the  pay  of  the  Aleuts  for  each  batchclor  fur-seal  skin        .75 

Total rl.73 

Concerning  the  inocesses  employed  in  i)rei)aration  according  to  both 
methods,  I  have  the  honor  to  report  to  the  board  of  administr.ation. 

The  dried  fur-seal  skins  are  prepared  as  follows:  After  separating 
the  skin  from  the  meat  and  carefully  removing  the  blubber,  the  skin  is 
stretched  upon  a  frame,  remaining  thus  until  it  is  ftnally  dried.  After 
removing  the  skin  from  the  frame  it  is  folded  twice  lengthwise  and 


THE    lirsSIAN    AMEHICAN    COMPANY. 


89 


|)iH'k«'(l  in  bales  i'ontiuiiinp;  from  ">(>  to  100  skins,  iicconliiij?  to  size,  anil 
Ihiiilly  tlic  bales  arc  bound  witli  sca-Iion  stra]KS. 

Tiie  saltt'd  fur-seal  skins  are  tn'uted  as  follows,  in  acciordtiiuie  with 
tlie  instrui'tions  of  Mollison,  inclosed  iu  a  dispatch  of  the  board  of 
adnnnistration,  No.  SI,  of  Jainuiry  2.1,  1800. 

After  tiie  skins  are  removed  and  stripjjcd  of  meat  or  fat,  they  are 
strewn  with  salt  and  stacked  in  kenches.  L.tu  ",  when  the  laborers 
havt'inore  tinu'  the  skins  are  taken  from  thekeuchesand  the  inner  side 
<>f  each  skin  cover<'d  with  a  thick  layer  of  salt.  Another  skin  is  laid 
on  top  of  this  with  its  inner  side  down.  Any  protriuliii};'  edyes  of  the 
skins  are  ai)t  to  spoil,  bein;;''  removed  from  th«^  intlueiHte  of  the  salt; 
consequently  they  are  carefully  doubled  in  and  both  skins  t()f;ether 
rolled  into  a  cylindrical  shape.  This  rcdl  is  then  lashed  with  strong 
seine  twine.  Finally  the  rolls  are  aj;ain  tied  toyi'ther  in  bundles  of  from 
live  to  ten. 

Thou}>h  the  labor  of  carrying  the  skins  on  the  shoulders  of  men  and 
women,  the  carryinji'  of  salt  from  the  beach  to  the  salt  houses,  and  later 
the  carrying  of  the  heavy  salted  skins  from  the  magazine  to  the  beach 
to  be  loaded  into  bidaras  for  transmittal  to  tlu^  ship  is  very  great,  yet 
the  lu'oeess  of  drying  presents  still  greater  ditti<*nlties  on  account  of 
the  constant  fog  and  rain  prevailing  on  the  Pribilof  Islands.  It  nuiy 
be  positively  stated  that  of  the  2r),000  dri<Ml  skins  prepared  annually 
on  these  islands  less  than  one  fifth  can  be  dried  in  the  air.  Tlu'  re- 
nniinder  are  dried  in  sod  houses  by  the  m.-ans  of  fires,  or  in  the  huts  of 
the  Aleuts,  wldch  are  anyway  too  small  and  ill  ventilated.  For  this 
reasim  and  also  on  account  of  the  difliculty  of  obtaining  wood  in  quan- 
tities sufficient  for  the  drying  of  seal  skins,  the  salting  by  the  MoUisou 
method  ofl'ers  the  greatest  advantage. 


No.  31. 


Lett fr  from  the  Chief  Wtnafter  of  the  liKssian  American  Colonies  to  the 
Manaycr  of  the  islaml  of  St.  VmiL     Written  from  Sitka  May  /,  ISdl. 

A'our  reports  forwarded  last  year  by  the  steamship  Konntantin  and 
the  bark  Prince  MenshiJiofhiivo  been  received,  and  in  reply  I  give  you 
the  foUowing  instructions: 

As  to  Xo.  29.  Last  year  you  were  instructed  to  fill  requisitions  ot 
the  manager  of  Unalaska  Island  in  a  <'crtain  contingency.  Instructions 
have  now  been  given  to  the  manager  of  the  island  of  St.  (xcorge  here- 
after to  furnish  Unalaska  with  local  iuodu<tts,  ami  it  will  be  your  duty 
as  heretofore  to  see  to  the  supidy  of  local  products  for  Sitka  and  St. 
jMichael's  redoubt. 

As  to  Nos.  'M,  'M.  For  want  of  s])ace  on  the  brig  Shelikof  I  was 
JMiable  to  grant  permission  to  Mrs.  Iraida  Herman  to  visit  this  year 
the  island  of  St.  Paul,  and  for  the  same  reason  1  could  not  send  you  a 
cow  or  a  bull. 

As  to  Xo.  32.  In  my  instructions  No.  249  of  last  year  I  determined 
the  nutid)er  of  fur-seal  skins  to  l)e  taken  by  you  in  each  yeai'.  By 
ortlercf  the  board  of  administration  I  revoke  said  instructions  No. 
249,  as  well  as  all  previous  instructions  concerning  the  catch  of  fur- 
seals.  I  now  direct  y<m  to  take  hereafter  annually  about  70,000  fur- 
seal  skins,  of  which  25,00(>  shall  be  dried  and  the  remaining  45,000 
salted  according  to  the  new  directions  in  your  possession. 
12 


\i:i-   ,.,m 
•.*!■   ii'l 


•i^  ^■■ 


90 


THE    RUSSIAN    AMERICAN    COMPANY. 


Th«>  70,001)  skins  now  (H'dored  to  bu  prepiirod  yon  mnst  tnko  only  in 
rase  no  decrease  in  the  numbers  of  tlie  animals  is  observed,  otln'rwise 
you  nuist  immediately  advise  me  for  the  purpose  of  having  the  number 
reduced  with  a  view  to  preserve  fur  seals  for  subsetiuent  years. 

As  these  instructions  will  reach  you  late  in  the  seas<ui,  and  as  you 
will  consequently  be  unable  to  pr«'pare  the  whole  quantity  of  fur-seal 
skins  now  recpiired,  I  have  to  request  that  you  will  endeavor  to  take 
and  salt  not  less  tlian  10,000  skins  during  the  time  occui)ietl  by  the 
tri])  of  the  vessel  from  St.  Paul  to  St.  Michael's  redoubt  and  back,  and 
to  jmt  them  ()n  board  of  the  vessel  on  her  secoiul  visit  to  the  island. 
Last  year  you  sent  only  10,(M)0  dried  skins,  while  the  order  was  to  send 
about  liO,oiM).     In  future  you  must  endeavor  to  strictly  fill  the  ordeis. 

As  to  No.  .'54.  You  will  make  a  report  to  my  successor  as  to  the  re- 
wards to  <lest>rvinj;  employes.  He  will  probably  visit  your  island  in  the 
course  of  this  year. 

As  to  N»).  Mi.  I  thank  you  for  yimr  efforts  in  regard  to  the  vaccina- 
tion of  the  inhabitants,  and  I  reciuest  that  you  will  iu)t  neglect  the 
matter  in  future. 

In  regard  to  your  request  for  the  admission  of  your  son  to  the  gen- 
eral colonial  school  of  the  Company  at  the  Ctnnpany's  expense,  I  have 
to  inform  you  that  this  school  is  not  fully  organized  for  the  I'cception 
of  boarders,  and  I  therefore  advise  you  to  place  your  son  as  a  boarder  with 
one  of  yinir  sisters  here  who  receive  juMisions;  ycmr  son  when  residing 
at  Sitka  can  attend  the  school  on  the  same  terms  as  the  day  pupils  of 
the  CiMupany. 

The  brig  ISheliko/  will  carry  to  you  a  cargo  of  supplies  which  you 
will  discharge,  sending  on  tlie  same  vessel  the  accumulated  furs  as  well 
as  your  reports.  Besides  this  vc.;sel,  you  will  be  visited  by  the  st«'amer 
Konntant in  oil  her  return  trip  fn mi  Nushagak;  this  vessel  will  bring 
you  about  2,500  pounds  of  salt,  and  probably  some  h)g8. 

I  have  ordered  skipper  Archimandritof  to  proceed  by  this  brig  for 
an  inspection  of  the  island  under  yourcarej  you  are  therefore  diiected 
to  comedy  with  all  his  reijuests. 


NOTICE  ISSUED  BY  THE  UNITED  STATES  GOVERNMENT 

IN  1845. 


nf 


No.  2017. 


...  X7NITED   STATUS   OF  AMERICA. 

Depaitinont  of  State. 

To  .all  to  whom  tlit.e  i>rest'nts  shall  coino,  grcoting: 

I  ccrtHy  that  a  noticie,  of  which  the  annexed  is  a.  copy,  was,  at  the 
<lirc<'tion  of  this  J)ei)artment,  imblished  on  the  liOth  day  of  Se|)tcinber, 
l.S4r»,  in  the  Daily  Union  newspaper  of  the  city  of  VVasliinj^ton. 

In  testinjony  wh«neof,  1,  John  W.  Foster,  Secretary  of  State  of  the 
United  States,  ha\e  hereunto  subscribed  njy  name  and  caused  the  seal 
of  tlu'  l)ei>artmcnt  of  State  to  be  afllxed. 

Done  at  the  city  of  Washin;«ton  this  1st  day  of  August,  A.  D.  1S!)2, 
and  of  the  In<lependence  of  the  United  States  of  Anunica  the  one 
hundred  and  seveuteenth. 

[SEAL]  John  W.  Foster. 


m  \M 


Department  of  State, 

Washhiffton,  i^eptemhtr  :J(i^  1(^45. 

The  Russian  Minister  at  Washington  has  informed  the  Secretary  f»f 
State  that  the  Imperial  Government,  desirous  of  affording  official  juo- 
tection  to  tlu^  Kussian  territories  in  North  America  against  the  infrac- 
tions of  foreign  vessels,  has  authorized  cruisers  to  b«^  established  for 
this  purpose  along  the  coast  by  the  liussian-American  Company.  It 
is,  therefore,  recoinmeuded  to  American  vessels  to  be  careful  not  to 
violate  the  existing  treaty  between  the  two  countries,  by  resorting  to 
any  i»oint  upon  the  Russian  American  coast  where  there  is  a  Russian 
establishment,  without  the  permission  of  the  governor  or  commander, 
nor  to  frequent  the  interior  seas,  gulfs,  harbors,  and  creeks  upon  that 
coast  at  any  point  north  of  the  latitude  of  54°  40'. 

81 


m  ^ 


AUTIUJN  or  I'll K  UNITED  STATES  GOVERNMENT  RELA- 
TIVE TO  ALASKA  SLNOE  THE  CE8S10N. 


m 


:M 


M' 


I 


l^'> 


im 


.m 


i 


Pngrs. 

Lnws  cnnctcfl  liy  roiiKrosa !»2-!M» 

Alt  ion  of  till'  ll'xiTiitivr !t<»-113 

Uecisious  of  till!  Unit ed  (Stati's  ("oiirts llS-121 

LAWS  ENACTED  BY  CONQRBSS. 

A  rcHolntiou  uiorc  eflicimtly  to  in-otect  tlic  fur-seal  in  Alr.nka. 

Resoli'i'il  by  thv  Sfnafcanil  Ifonsf  of  Rt'itresentafircs  of  the  J^iiifcd  SfaU's 
nf  America  in  CoiitircsN  assonhled.  That  flu^  islaiuls  of  St.  F'atil  and  St. 
lieoif'e  ill  Alaska  ho,  and  tlioy  are  licrcby,  dot'larcd  a  spe<'ial  n'SiM'va- 
tion  tor  (rovorniiient  piirjioses;  and  that,  ii.itil  otlicrwise  i)rovid('d  by 
law,  it  shall  be  nnlawt'ul  for  any  person  to  land  or  remain  on  either  of 
said  islands,  exeejit  by  the  authority  of  tlie  Seeretary  of  the  Treasury; 
and  any  i)erson  found  on  either  of  said  islands,  contrary  to  the  provi- 
sions of  this  resolution,  shall  be  sunnnarily  removed ;  and  it  shall  be  the 
duty  of  the  Seeretary  of  War  to  carry  this  resolution  immediately  into 
eliec^t. 

Approved,  March  3, 1SG9. 


An  act  to  prevent  tlio  extermination  of  fnr-l>earing  nnimals  in  Alaska. 

Be  it  enacted  by  the  Senate  and  Houne  of  Representatives  of  the  United 
States  of  America  in  Vonyrcss  assemltted,  That  it  shall  be  unlawful  to 
kill  any  fur-seal  ui)on  the  islands  of  Saint  Paul  and  Saint  George,  lU' 
in  the  Avatcrs  adjacent  thereto,  except  durin}"' the  months  of  June,  July, 
Septeml>er  and  October  in  each  year,  and  it  shall  be  unlawful  to  kill 
such  seals  at  any  time  by  the  ust^  of  tire-arms,  or  use  other  nutans  tend- 
ing to  drive  the  seals  away  from  said  islands :  Provided,  That  the  natives 
of  said  islan<ls  shall  have  the  privilege  of  killing  such  ycmng  seals  as 
may  be  necessary  for  their  own  food  and  clothing  during  other  months, 
and  also  such  old  seals  as  may  be  requited  for  tludr  own  <rlothiug  and 
f(U"  the  manufactuie  of  boats  for  their  own  use,  which  killing  shall  be 
limited  and  controlled  by  such  regulations  as  shall  be  prescribed  by  the 
Secretarv of  the  Treastuy. 

Sec.  2.  And  be  it  further  enacted,  that  it  shall  be  unlawful  to  kill 
any  fenuile  seal,  or  any  seal  less  than  one  y<'a.r  old,  at  any  season  of  the 
year,  except  as  above  inovided;  and  it  shall  also  be  unlawful  to  kill 
any  seal  in  the  waters  adjacent  to  said  islands,  or  on  the  beaches,  clitt's, 
or  rocks  where  they  haul  up  from  the  sea,  to  remain;  and  any  ])«'rson 
who  shall  violate  either  of  the  jn-ovisions  of  this  or  the  first  section  of 
this  act  shall  be  i)unished,  «>n  conviction  thereof,  for  such  offence  by  a 
92 


LAWS    ENACTfiD    P.Y    CONORESS. 


93 


tine  of  not  less  than  two  Iinndrod  (lolhirs,  nor  more  tlun  on<>  tkonsand 
dollars,  or  by  iniiuisoiinient  not  «'x«'('«'<linj{'  six  months,  or  by  such  finr 
and  inii>risonni(>ntboth,at  tiir  discretion  of  the  court  havin;:, jurisdiction 
by  takinji' cojynizance  of  the  otiencc;  and  all  vessels,  their  tackle,  ap- 
jtarel,  and  furnitur*',  whose  crew  shall  be  found  enyayed  in  the  violation 
of  aiiv  of  the  |u«»visions  of  this  act  sliall  be  forfeited  t»»  the  I'nited 
States, 

8Ef\  3.  And  be  it  further  enacted,  that  for  the  period  of  twenty  years 
from  and  after  the  passing  of  this  act  the  nund)er  of  fur  seals  which 
may  be  killed  for  their  skins  ui)on  the  island  of  Saint  Paul  is  hereby 
limited  and  restricted  to  seventy-tive  thousand  per  annum;  and  the 
inimber  of  fur-seals  whi<*h  may  b(^  killed  for  their  skins  upon  the  island 
of  Saint  (ieorjie  is  heieby limited  and  restricted  totwcnty  livethousaiid 
per  annum:  I'rovidnl,  That  the  Secretary  of  tlu'  Treasury  may  restrict 
and  limit  the  ri}»htof  killinj;  if  it  shall  become  ne<'essary  toi'  the  pres<'r- 
vation  of  siu-h  seals  with  suj-h  propcu'tionatj'  reduction  of  the  rents  re- 
served to  the  (lovernment  as  shall  be  rijiht  an<l  ])roper,  and  if  any  jter- 
son  shall  knowingly  violate  either  of  the  jirovisions  of  this  se<*tion  he 
shall,  upon  due  «'<mvietion  thereof,  be  unnished  in  the  sanu'  way  as  |>ro- 
vided  hen  in  for  a  vi<dati(m  of  the  provisions  of  the  liist  and  second 
sections  of  this  act. 

Skc.  4.  And  be  it  furthert  ;i  cted,  thatinnnediately  upim  thepassajie 
of  this  act,  the  Secretary  of  the  Treasury  shall  lease  for  the  rental  men 
tioned  in  section  six  of  this  ut,  to  proj)er  and  res|)onsible  parties,  to 
the  advantage  of  the  Tit  'ed  States  havin<i-  du»'  rejiard  to  the  interests 
of  the  (lovernnient,  th.  native  inl>  bitants,  the  parties  heretofore  en - 
8afte<l  in  trade,  and  the  juviteclion  of  the  seal  tisheries  for  a  term  of 
twenty  years  from  the  hrst  day  of  May,  eighteen  hnndredand  seventy, 
the  right  to  engage  in  the  businessof  taking  fur  seals  on  the  islands  of 
Saint  Paul  and  Saint  George,  and  to  send  a  vessel  or  vesselsto  said  islands 
for  the  skins  of  such  seals,  giving  to  the  lessee  or  lessees  of  said  ishuuls 
a  lease,  duly  executed  in  duplicate  not  transferable,  and  taken  from  th«> 
lessee  or  lessees  of  said  islands  a  bond  with  suttieient  securities  in  a 
sum  not  less  than  tive  hnndred  thonsand  dollars  conditioned  for  tlu^ 
faithful  observance  of  all  the  laws  and  requiiements  of  ('ongress  and 
of  the  regulations  of  the  Secretary  of  the  Treasury  touching  the  sub- 
ject-matter of  taking  fur  seal,  and  dis])osing  of  the  same,  and  for  the 
paymentof  all  taxes  and  dues  according  to  the  United  States  connected 
therewith,  and  in  making  said  lease  the  Secretary  of  the  Treasui-y  shall 
have  due  regard  to  the  lueservation  of  the  seal  fur  trade  of  said 
islands  and  the  comfort,  nmintenanee,  and  education  of  the  natives 
thereof.  The  said  h'sses  shall  furnish  to  the  several  masters  of  vessels 
employed  by  them  certitied  C(>piesof  the  lease  held  by  them  respectively, 
which  shall  be  presented  to  the  CJovernment  revenue  officer  for  the 
time  being  who  may  bo  in  charge  at  the  said  islands  as  the  authority 
of  the  party  for  landing  and  taking  skins. 

Sec.  5.  And  be  it  further  enacted,  That  at  the  expiration  of  said  term 
of  twenty  years  or  on  surrender  or  forfeiture  of  any  lease,  other  leases 
nmy  be  made  in  manner  aforesaid  for  other  terms  <)f  twenty  years;  but 
no  persons  other  than  American  citizens  shall  be  permitted  by  lease  or' 
otherwise,  to  occupy  said  islands  or  either  of  them,  for  the  purpose  of 
taking  the  skins  t)f  fur  seals  therefrom,  nor  shall  any  foreign  vessel  be 
engaged  in  ta':ing  such  skins,  and  the  Secretary  of  the  Treasury  shall 
vacate  and  dechire  any  lease  forfeited  if  the  same  be  held  or  operated 
for  the  use,  benetit,  or  ai'vantage,  directly  or  indirectly,  of  any  person 
or  persons  other  than  American  citizens.    Every  lease  shall  contain  a 


■Mi 


m 


h- 


Whi''' 


94 


ACTION   OF   THE    UNITED    STATES. 


covenant  on  the  part  of  tlie  lessee  that  he  will  not  keep,  sell,  fnrnish, 
}?ive,  uv  (lisp(>se  of  any  distilled  spirits  or  s|)irituous  liqnois  on  either  of 
said  islands  to  any  of  tlie  natives  thereof,  snch  person  not  beinj;  a  j)iiy- 
sician  and  tiirnisliinji'  tlie  sanu;  lor  nse  as  medicine;  andaii^jjcrsmi  \y,1io 
shall  kill  any  fnr  seal  on  either  of  said  islands,  or  in  the  waters  adjacent 
thereto,  withnnt  authority'  of  the  IcsstMvs  thereof,  and  any  person  who 
shall  molest,  iiistnrb,  or  interfcn-  with  said  lessees,  or  either  of  then),  or 
their  aji'ents  or  employes  in  the  lawfnl  prosecution  of  their  business 
under  tlie  provisions  of  this  act,  shall  be  deemed  guilty  of  a  niisde- 
mean<)r,  and  shall  for  each  ottense  on  convicticm  thereot\  be  punished  in 
the  sanK>  way  ami  by  like  penalties  as  prescribed  in  the  second  section 
of  this  act.  And  all  vessels,  their  tackle,  apparel,  appurtenances,  and 
carji'o,  whose  crews  shall  be  tbund  engaj>e«l  in  any  violation  of  either  of 
the  provisi(ms  of  this  section,  shall  be  forfeited  to  the  United  States; 
and  if  any  ]>erson  or  company  under  any  lease  herein  authorized,  shall 
knowingly  kill,  or  ])ermit  to  be  killed,  any  number  of  seals  exceeding 
the  number  for  each  island  in  this  act  prescribed,  such  i>erson  or  com- 
pany shall,  in  addition  to  the  penalties  and  forfeitures  aforesaid,  also 
forfeit  the  whole  nuniber  of  the  skins  of  seals  killed  in  that  year,  or,  in 
case  the  same  have  been  disjMtsed  of,  then  said  i)erson  or  company  shall 
tbrfeit  the  value  of  the  same,  and  it  shall  be  the  duty  of  any  revenue 
olhcer  otlieially  acting  as  such  on  either  of  said  islands  to  seize  and  de- 
stroy any  distilled  sjn'rits  or  spiritous  liquors  fimnd thereon:  ProrUlvd, 
That  such  otheer  shall  nndvc  detailed  report  of  his  doings  to  the  collector 
of  the  jKirt. 

Seo.  (!.  Atid  hcit /iirfher  euacUd,  T^iat  the  annual  rental  to  be  tp- 
served  by  said  lease  shall  not  be  less  than  fifty  thousaml  dollars  i)er 
annum;  tq  be  secured  by  deposit  of  United  States  Iwrnds  to  that 
amount,  and  in  addition  thereto  a  revenue  tax  as  a  duty,  of  two  dol- 
lars, is  hereby  laid  u]>on  each  fur  seal  skin  taken  and  ship])ed  from 
said  islands  during  the  continuance  of  such  lease,  to  be  paid  into  the 
Treasury  of  the  United  States;  and  the  Secretary  of  the  Treasury  i,s 
hereby  empowered  and  authorized  to  nnike  all  needtiil  rules  and  regu- 
lations for  the  collection  and  payment  of  the  same,  tor  the  comfort 
maintenan<'e,  educaticui,  ami  protection  of  the  nativ»'s  of  said  islands, 
and  also  tor  carrying  into  full  effect  all  the  provisions  of  this  act: 
Provided  fiirtlu-r,  That  the  Secretary  of  the  Treasury  may  terminate 
any  lease  given  to  any  person,  company,  or  cori»oration  on  full  and 
satisfactory  proof  of  the  violation  of  any  of  the  provisions  of  this  act 
or  the  rules  and  regulations  established  by  him :  I'roridrd/iwtlH'r,  That 
the  Secretary  of  the  Treasury  is  hereby  authorized  to  deliver  to  the 
owners  the  fur-seal  skins  now  stored  on  the  island,  on  the  payment 
of  one  dollar  for  each  of  said  skins  taken  and  shipped  away  by  said 
owners. 

Sec.  7.  And  he  it  further  enaeted,  That  the  provisions  of  the  seventh 
and  eighth  sections  of  "An  act  to  extend  the  laws  of  the  United  States 
relating  to  customs,  c<unmerce,  and  navigation  over  the  territory  ceded 
to  the  United  States  by  Russia,  to  establish  a  collection  district  thereon, 
and  for  other  purposes,"  api)rove(l  .Inly  twenty-seventh,  one  th<msan<l 
eight  hundred  and  sixty-eight,"''  shall  be  deenu'd  to  apply  to  this  act, 
and  all  the  ])rosecutions  for  offenses  committed  against  the  provisions  of 
this  act,  and  all  other  pro(!eedings  had  because  of  the  violations  of  the 
provisions  of  this  act,  and  which  are  authorized  by  said  act  above  nu'n- 
tioned,  shall  be  in  accordance  with  the  provisions  thereof ;  and  all  acts 
and  parts  of  acts  inconsistent  with  the  pjovisions  of  this  act  are  hereby* 
repealed.       .,      .,,,■■    .  ■■  .  i  ^ 


LAWS    ENACTP^D    BY    CONGRKSS. 


05 


Sec.  S.  Ami  be  if/inihrr  t'lmcted,  Tliiit  the  C()iiyTe?s.s  may  at  any  time 
horeartcr  alter,  aiiuMul,  oi  repeal  tliis  act. 
Appioved  .hily  1,  1S70. 


REVISED   STATUTES  RELATINCI  TO   ALASKA. 

CiiArTER    III. — rrovi,siou,s   reUtthuj  to   the   iinor(/<(nizc«l    Tcrri 

Alasl-a. 


tonj    of 


Sec. 

1954.  C'liHtonis,  etc.,    laws    extended    to 

Alaska. 
l!r)5.  Iini)(»itati<ni   of  tirciinns   and  dis- 
tilled si>irits  may  lie  |ir<i1iiliited. 
l!t.">t!.  l<illiii<;  ol'  t'lir-liearin;;  aiiiiiiiils  pro- 

iiil)ited. 
VXu.  What  courts  to  have  jurisdiction  of 

oiteiiscs. 
]!tr»H.  Remission  of  tines,  etc. 
IK")!!.  St.  I'aul  and  St.  (ieorf^e  islands  de- 

eliirt'd  special  reservations. 
llUiO.   Killinji' of  s<'al  njion  tliem  itroliib- 

itetl  ex('e|)t  in  <'eitain  montlis. 
liMil.  Kil1in<>'  of  certain  seal  prohiliitcd. 
l!tt!L'.  Limit    to   number   of   .seals,  to    be 

killed. 
lOGIi.  Rijflit  ti»  take  seal  may  be  leased. 


Sec. 

l!)()t.   l?ond. 
UMi").  Who  miiy  lease. 
1!)()(!.  ('Ovenants  in  lease. 
liltiT.   Penally. 
liHIS.   Penalty  iiiion  leases. 
liKilt.  Tax  n|Min  seal  .skins. 
1970.  Lease  may  be  terminated. 
1!)71.   Lessees  to  furnish  <  ojues  to  ii..i8ters 

of  their  vessels. 
I!t72.  Certain  sections  may  be  altered. 
l!t7H.  Ajjents  ;ind  assistants   to  manaye 

se.'il  tishcri«!s. 
1!)7I.  Their  j.ay.  etc. 
I!l7r).   \ol  to  be  int<'restt^(l  in  right  to  take 

se;ils. 

197(>.  A,uents     may    administer    certain 
oaths  and  take  testimony. 


Se(J.  lt).")4.  The  laws  of  tlu!  (Tnitcd  States  relating  to  ciistoins,  eoni- 
nieree,  and  navigation,  are  extended  to  and  over  all  tlu'  niaiidand, 
islands,  and  waters  of  the  territory  coded  to  the  United  States  by  the 
Emperor  of  Kussia  by  treaty  coneluded  at  Washington  on  thetliirtieth 
day  of  March,  A.  D.  one  thousand  eight  hundred  and  sixty-seven,  so 
far  as  the  same  may  be  applicable  thereto. 

Se(".  \\)7)').  Tlie  President  shall  have  tlu' ]>ower  to  restrict  and  regu- 
late or  to  ])rohibit  the  imi)ortation  and  use  of  (irearms,  ammunition, 
and  distilled  spirits  into  and  within  the  Territory  of  Ala.ska;  the  ex- 
portation of  the  .same  from  any  other  i>ort  or  place  iu  the  I'nited  States, 
when  destined  to  any  port  or  phice  iu  that  Territory,  and  all  such  arms, 
ammunition,  and  distilled  spirits  exported  or  attemi)ted  to  be  exportecl 
from  any  port  or  jdace  iu  the  United  States  and  destined  for  such  Ter- 
rftory  iu  violation  of  any  regulations  that  may  be  pre.scribed  under 
this  section,  and  all  such  aims,  anununituai,  and  distilled  sj/irits 
landed  or  attempted  to  be  landed  or  used  at  any  i>ort  or  place  in  the 
Territ(U'y,  in  violation  of  smih  regulations,  shall  be  f(U'feited;  and  if 
the  value  ot  the  same  exceeds  four  hundred  dollars,  the  vessel  upon 
which  the  same  is  found,  or  from  which  they  have  been  landed,  together 
with  her  tackle,  apparel,  and  furniture,  and  caigo.  shall  be  tbrfeited; 
and  any  person  willfully  violating  such  regulations  shall  be  tined  not 
more  than  live  hundred  dollars  or  imprisoned  not  more  than  six  uu)nths. 
IJonds  nniy  be  rexuired  f<u' a  faithful  ob.servance  of  such  regidations 
from  the  master  or  owners  of  any  vessel  departing  from  any  port  in  the 
Unit»'d  States  having  on  board  lirearms,  ammunition, or  distilled  spirits, 
wIkui  such  vessel  is  destined  to  any  place  in  the  Territory,  or  if  not  so 
ilestined,  when  there  is  reasonable  ground  of  suspicion  that  such  arti- 
^<'les  are  intended  to  be  landed  therein  in  vi<dation  of  law;  and  similar 
l)ouds  may  also  be  required  on  the  landing  of  any  such  articles  iu  the 
Territory  from  the  i>erson  to  whom  the  same  may  be  consigned. 


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96 


ACTION   OF   THE    UNITED    STATES. 


Se(".  V.)rti].  No  i)ei\soii  shall  kill  any  ottor,  mink,  marten,  sable,  oi'  fnr 
seal,  or  otlier  fnr-beariug  animal,  within  the  limits  of  Alaska  Territory, 
or  in  the  waters  thereof;  and  every  person  }»nilty  thereof  shall,  for  each 
offense,  be  fined  not  less  than  two  hnndred  dollars  nor  more  than  one 
thonsand  dollars,  or  imprisonment  not  more  than  six  months,  or  both; 
{in<l  all  vessels,  their  tackle,  api)arel,  fnrnitnre,  and  eargo,  fonnd  engaged 
in  violation  of  this  section  shall  be  forfeited.  lint  the  Secretary  of  the 
Treasury  shall  have  power  to  aiithori/e  the  killing  of  any  snch  mink, 
nnu'ten,  sabh',  or  otlier  fur-bearing  animal,  except  fur  seals,  under  snch 
regulations  as  he  may  prescribe;  ami  it  shall  be  the  dncy  of  the  Secre- 
tary to  i)rev(int  the  killing  of  any  fur  seal  and  to  ])rovide  for  the  execu- 
tion of  the  provisions  of  this  section  until  it  is  otherwise  provided  by 
law;  nor  shall  he  grant  any  special  ju-ivilegi's  under  this  section. 

Sec.  VX)1.  Until  otherwise  provided  by  hiw,  all  vicdations  of  this 
chapter  and  of  the  several  laws  hereby  extended  to  the  Territory  of 
Alaska  and  the  waters  thereof  <'ommitted  witliin  limits  of  the  same 
shall  be  prosecuted  in  any  district  c(mrt  of  the  Tnited  States  in  Cali- 
fornia ov  Oregon,  or  in  tiie  district  ccmrts  of  Washington;  and  the  col- 
lector and  dei)uty  collectors  appointed  for  Alaska  Territory,  and  any 
person  authorized  in  writing  by  either  of  them,  or  by  the  Secretary  of 
the  Treasury,  shall  have  power  to  arrest  i)ersons  and  seize  vessels  and 
merchandise  liable  to  fines,  penalties,  or  tbrfeitures  under  this  and  the 
other  laws  extended  over  the  Territory,  and  tc>  keep  and  deliver  the 
same  to  the  marshal  of  some  cme  of  snch  <'ourts;  and  sxich  courts  shall 
have  original  jurisdiction,  and  may  talvc  cognizance  of  all  eases  arising 
under  this  act  and  the  several  laws  hereby  exten<ledover  the  Territory, 
and  shall  proceed  therehi  in  the  same  manner  and  with  the  like  effect 
as  if  such  cases  had  arisen  within  the  district  or  territory  where  the 
proceedings  are  brought. 

Sec.  195<S.  In  all  cases  of  fine,  penalty,  or  forfeiture  embraced  in  the 
act  approved  the  third  March,  one  thousand  seven  hundred  and  ninety- 
seven,  chapter  thirteen,  or  mentioned  in  any  act  in  addition  to  or 
amendatory  of  such  act,  that  have  occurred  or  may  occur  in  the  collec- 
tion <listrict  of  Alaska,  the  Secretary  of  the  Treasury  is  authorized,  if, 
in  his  opinion,  the  fine,  penalty,  or  forfeiture  was  incurred  without  will- 
ful negligence  or  intention  of  fraud,  to  ascertain  the  facts  in  such  man- 
ner and  under  such  regulations  as  he  may  deem  proi>er  without  regard 
to  the  provisions  of  the  act  above  refei-red  to;  and  upon  the  facts  so  to 
be  ascertained  he  may  exercise  all  the  power  of  remission  conferred 
ui)ou  him  by  that  act,  as  fully  as  he  might  have  d<me  had  such  facts 
been  ascertained  under  and  according  to  the  luovisions  of  that  act. 

Sec.  10,")9.  The  islands  of  Saint  J*aul  and  Saint  (leorge,  in  Alaska, 
are  declared  a  special  reservation  for  CJoverinnent  purposes,  and  until 
otherwise  provided  by  law  it  shall  be  unlawftd  fcu'  any  i»erson  to  land 
or  renuiin  <m  either  of  those  islands,  except  by  the  authority  of  the  Sec- 
retary of  the  Treasury,  an<l  any  i»erson  found  on  either  of  those  isl.ands, 
contrary  to  the  provisions  hereof,  shall  be  summarily  removed;  and  it 
shall  be  the  duty  of  the  Secretary  of  War  to  carry  this  section  into  ef- 
fect. 

Sec.  19(i0.  It  shall  be  unlawful  to  kill  any  fur  seal  upon  the  islands 
of  Saint  Paul  and  Saint  George,  or  in  the  waters  adjacent  thereto,  ex- 
cept during  the  months  of  June,  July,  September,  and  October  in  each 
year;  and  it  shall  be  unlawful  to  kill  such  seals  at  any  time  by  the  use 
of  firearms,  or  by  other  means  tending  to  drive  the  seals  away  from 
those  islands,  but  the  mitives  of  the  islands  shall  have  the  privilege  of 
killing  such  young  seals  as  may  be  necessary  for  their  owu  tbod  and 


LAWS  ENACTED  BY  CONGRESS. 


97 


«lotliing  (Inviiiff  other  mouths,  and  also  such  old  seals  as  may  be  required 
for  their  own  clothing;  and  for  the  manufacture  of  boats  for  their  owu 
use:  and  the  Idlliu};-  in  such  cases  shall  be  limited  and  <'ontrolled  by 
such  re}?ulations  as  may  be  prescribed  by  the  Secretary  of  the  Treasury. 

Sec.  1 '.mm  .  It  sliall  be  unlawful  to  kill  any  female  seal,  or  any  seal  less 
than  one  year  old,  at  any  season  of  the  year,  except  as  above  provided; 
and  ii  shall  als(>  be  uidawful  to  kill  any  seal  in  the  waters  a(ljacent  to 
the  islands  of  Saint  I'aul  and  Saint  George,  or  on  the  betiidies,  clitts, 
or  rocks  where  they  haul  up  from  the  sea  to  remain;  and  every  i)ersou 
Avlio  violates  the  provisions  of  tiiis  or  the  preceding  section  shall  be 
]Minished  for  each  otiense  by  a  tine  of  not  less  than  two  hundred  dollars 
nor  more  than  one  thousand  dollars,  or  by  imprisonment  not  more  than 
six  mouths,  or  by  both  su(!h  line  and  imiuisonment;  and  all  vessels,  their 
tackle,  ap|)arel,  and  furniture,  whose  crews  are  found  engaged  in  the 
violation  of  either  this  or  the  preceding  section,  shall  be  forfeited  to  the 
United  States. 

Sec.  lOOli.  For  the  period  of  twenty  years  from  the  first  July,  one 
tlnmsand  eight  huiulved  and  seventy,  the  number  of  fur  seals  which 
may  be  killed  tor  their  skins  upon  the  island  of  Saint  Paul  is  linute<l  to 
seventy-five  thousand  per  annum;  and  the  number  of  fur-seals  which 
nuiy  be  killed  for  their  skins  upon  the  island  of  St.  George  is  limited 
to  twenty-five  thousand  per  annum;  but  the  Secretary  of  the  Treasury 
may  limit  the  right  of  killing,  if  it  becomes  necessary  for  the  preserva- 
tion of  such  seals,  with  su<;h  proportionate  reduction  of  the  rents  re- 
served to  the  Government  as  maybe  proper;  and  every  person  who 
knowingly  violates  either  of  the  i)rovisions  of  this  section  shall  be  pun- 
ished as  provided  in  the  i)receding  section. 

Sec.  1J>G3.  When  the  lease  heretofore  made  by  the  Secretary  of  the 
Treasury  to  "The  Alaska  Commercial  Company"  of  the  right  to  engage 
in  taking  fur  seals  on  the  islands  of  Saint  Paul  and  Saint  George,  i)ur- 
suant  to  the  act  of  the  first  July,  chapter  one  hundred  and  eighty  nine, 
or  when  any  future  similar  lease  expires,  or  is  surrendered,  forteit«Ml, 
or  terminated,  tlie  Secretary  shall  lease  to  pro])er  and  responsible  i)ar- 
ties,  for  the  best  advantage  of  the  United  States,  having  due  regard  to 
the  interests  of  the  Government,  the  native  inhabitants,  their  comfort, 
maintenance,  and  education,  as  well  as  to  the  interests  of  the  parties 
heretofore  engaged  in  trade  and  the  i)rotection  of  the  fisheries,  the 
right  of  taking  fur  seals  on  the  islands  herein  named,  and  of  sending  a 
vessel  or  vessels  to  the  islands  for  the  skins  of  such  seals,  for  the  term 
of  twenty  years,  at  an  annual  rental  of  not  less  than  fifty  thousand  «lol- 
lars,  to  be  reserved  in  such  lease  and  secured  by  a  deposit  of  United 
States  bonds  to  that  amount;  and  every  such  lease  shall  be  duly  ex- 
ecuted in  duplicate,  and  shall  not  be  transferable. 

Sec.  19(54.  The  Secretary  of  the  Treasury  shall  take  from  the  lessees 
of  such  ishiiuls  in  all  cases  a  boiul,  with  securities,  in  a  sum  not  less 
than  five  hundred  thousand  dollars,  ccmditioned  for  the  faithful  observ- 
ance of  all  the  laws  and  requirements  of  Congress,  and  the  regulations 
of  the  Secnetary  of  the  Treasury  touching  the  taking  of  fur  seals,  autl 
the  disposing  of  the  same,  and  for  the  payment  of  all  taxes  and  dues 
acciuing  to  tlw  United  States  connected  therewith. 

Sec.  10G5.  No  persons  other  than  American  citizens  shall  be  per- 
mitted, by  IciU'e  or  otherwise,  to  occupy  the  islands  of  Saint  Paul  and 
Saint  George,  or  either  of  them,  for  the  purpose  of  taking  the  skins  of 
fur  seals  therefrom,  nor  shall  any  foreign  vessels  be  engaged  in  taking 
such  skins;  and  the  Secretary  of  the  Treasury  shall  vacate  and  declare 
any  le^se  forfeited  if  the  same  be  held  or  operated  for  the  use,  benefit 

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ACTION    OF    THE    UNITE1>    STATES. 


or  sidvantago,  direijtly  or  indirectly,  of  any  persons  other  tlian  Ameri- 
can citizens. 

Se(!.  1960.  Every  lease  shall  contain  a  covenant  on  the  part  of  the 
lessee  that  he  will  not  keep,  sell,  furnish,  give  or  dispose  of  any  dis- 
tilled spirits  or  spirltous  liquors  on  either  of  those  islands  to  any  of  the 
natives  thereof,  such  person  not  being  a  physician  and  furnishing  the 
same  for  use  as  medicine;  and  every  revenue  officer,  officially  acting  as 
such  on  either  of  the  islands,  shall  sei/e  and  destroy  any  distilled  or 
spirituous  liijuors  found  therecm;  but  such  officer  shall  make  detailed 
reports  of  his  doings  in  that  matter  to  the  collector  of  the  ])ort. 

Sec.  1!)(»7.  Every  person  who  kills  any  fur  seal  on  either  of  those 
islands,  or  in  the  waters  adjacent  thereto,  without  authority  of  the  les- 
sees thereof,  an<l  every  person  who  molests,  disturbs,  or  interferes  with 
the  lessees,  or  eitherof  tlioin,  or  their  agents  or  employes,  in  the  lawful 
prosecution  of  their  business,  under  the  provisions  of  this  chapter,  shall 
for  each  offense  be  ptmished  as  proscribed  in  section  nineteen  hundred 
and  sixty-one;  and  all  vessels,  their  tackle,  apparel,  appurtenances, 
and  cargo,  whose  crews  are  found  engaged  in  any  violation  of  the  pro- 
visions of  sections  nineteen  hundred  and  sixty-ttve  to  nineteen  hundred 
and  sixty-eight,  inclusive,  shall  be  forfeited  to  the  United  States. 

Seo.  190.S.  If  any  perscm  or  corai)any,  under  any  lease  herein  author- 
ized, knowingly  kills,  or  peimits  to  be  killed,  any  number  of  seals  ex- 
ceeding the  number  for  each  island  in  this  chapter  prescribed,  such 
person  or  company  shall,  in  addition  to  the  penalties  and  forfeitures 
herein  provided,  forfeit  the  whole  number  of  the  skins  of  seals  killed 
in  that  year,  or,  in  case  the  same  have  been  disposed  of,  then  such  per- 
son or  company  shall  forfeit  the  value  of  the  same. 

Sec.  1909.  In  additional  to  the  annual  rental  required  to  be  reserved 
in  every  lease,  as  provided  in  section  nineteen  hundred  and  sixty-three, 
a  revenue  tax  or  duty  of  two  dollars  is  laid  upon  each  fur-seal  skin 
taken  and  shipped  froi'i  the  islands  of  Saint  Paul  and  Saint  George 
during  the  continuance  of  any  lease,  to  be  paid  into  the  Treasury  of 
the  United  States;  and  th°.  Secretary  of  the  Treasury  is  empowered  to 
make  all  needful  regulations  for  the  collection  and  payment  of  the  same, 
and  to  secure  the  comfort,  maintenance,  education,  and  protection  of 
the  natives  of  those  islands,  and  also  to  carry  into  full  effect  all  the 
provisions  of  this  chapter  except  as  otherwise  prescribed. 

Sec.  1970.  The  Secretary  of  the  Treasury  may  terminate  any  lease 
given  to  any  person,  company,  or  corporation  on  full  and  satisfactory 
proof  of  the  violation  of  any  of  the  provisions  of  this  chapter  or  the  reg- 
ulations established  by  him. 

Sec.  1971.  The  lessees  shall  furnish  to  the  several  masters  of  vessels 
emi>loycd  by  them  certified  copies  of  the  lease  held  by  them  respectively, 
which  shall  be  presented  to  the  Government  revenue  officer  for  the  time 
being  who  may  be  in  charge  at  the  islands  as  the  authority  of  the  party 
for  landing  and  taking  skins. 

Sec.  1972.  Congress  may  at  any  time  hereafter  alter,  amend,  or  re- 
peal sections  from  nineteen  hundred  and  sixty  to  nineteen  hundred  jind 
seventy-one,  both  inclusive  of  this  chapter. 

Sec.  1973.  The  Secretary  of  the  Treasury  is  authorized  to  appoint 
one  agent  and  three  assistant  agents,  who  shall  be  charged  with  the 
management  of  the  seal  fisheries  in  Alaska,  and  the  performance  of 
such  otin'r  duties  as  may  be  assigned  to  them  by  the  Secretary  of  the 
Treasury. 

Sec.  1974.  The  agent  shall  recteive  the  sum  of  ten  dollars  each  day, 
one  assistant  agent  the  sum  of  eight  dollars  each  day,  and  two  assist 


m 


ACTION   OF   EXECUTIVE. 


99 


ant  agents  the  sum  of  six  dollars  each  day  while  so  employed ;  and 
they  sliall  also  be  allowed  their  necessary  traveling  expenses  in  jfoing 
to  and  return! Of*' from  Alaska,  for  which  expenses  vomtliers  siiall  be 
presented  to  the  proper  accountiiiff  orticers  of  the  Treasury,  and  siu;li 
exp(Mises  shall  not  exceed  in  the  aggregate  six  hundred  dollars  each  in 
any  one  year. 

Se(\  ll>75.  Such  agents  shall  never  be  interested,  directly  or  indi- 
rectly, in  any  lease  of  the  right  to  take  seals,  nor  in  any  proceeds  or 
profits  thereof,  either  as  owner,  agent,  partner,  or  otherwise. 

Sec.  1076.  Such  agents  are  empowered  to  administer  oaths  in  all 
cases  relating  to  the  service  of  the  United  States,  and  to  take  testi- 
mony iu  Alaska  for  the  use  of  the  Government  in  any  matter  concern- 
ing the  public  revenues. 


Cfiap.  64. — An  act  to  ampiid  the  act  entitled  "An  act  to  prevent  tlie  extermination  of 
fur-bi'ariii};  animals  in  Alaska,"  approved  .July  first,  eifihteen  liundred  and  seventy. 

Be  it  enacted  by  the  Senate  and  House  of  Repretien  tat  ires  of  the  United 
States  of  America  in  Congress  assembled,  That  the  act  entitled  ''An  a(;t 
to  prevent  the  extermination  of  fur-bearing  animals  in  Alaska,"  a])- 
I>roved  July  first,  eighteen  hundred  and  seventy,  is  hereby  amended  so 
iiH  to  authorize  the  Secretary  of  the  Treasury,  and  he  is  hereby  author- 
ized, to  designate  the  mouths  in  which  fur  seals  may  Im^  taken  for  their 
skins  on  the  islands  of  St.  I'aul  and  St.  George,  iu  Alaska,  and  in  the 
waters  a<ljacent  thereto,  and  the  number  to  be  taken  on  or  about  mu'M 
island  respectively. 

An  act  to  provide  for  the  protection  of  <he  salmon  fisheries  of  Alaska. 

Sec. 3.  Thatsectionnineteenhundredandfifty-sixof  the  llcvised  Stat- 
utes of  the  United  States  is  hereby  declared  to  include  and  apply  to 
all  the  dominion  of  the  United  States  in  the  waters  of  Bering  Sea ;  and 
it  shall  be  the  duty  of  the  President,  at  a  timely  season  in  each  year, 
to  issue  his  proclamation  and  cause  the  same  to  be  published  foi-  one 
month  in  at  least  one  newspaper  if  any  such  there  be  published  at  each 
United  States  port  of  entry  on  the  I'acific  coast,  warning  all  persons 
against  entering  said  waters  for  the  purposeof  violating  the  provisions 
of  said  section ;  and  he  shall  also  cause  one  or  more  vessels  of  the 
United  States  to  diligently  cruise  said  waters  and  arrest  all  i>ersons, 
and  seize  all  vessels  found  to  be,  or  to  have  been,  engaged  iu  any  vio- 
lation of  the  laws  of  the  United  States  therein. 

Approved,  March  2,  1889. 


■fiii  il 


action  of  the  executive, 
certificate  of  authentication. 

United  States  of  Amekica, 

Treasury  Department,  July  30,  1803. 

Pursuan*;  to  section  882  of  the  Revised  Statutes  \  hereby  certify  that 
the  annexe*.  i)apers  are  true  copies  of  regulations  and  instructions  issued 
and  letters  written  by  this  Department  relative  to  the  Territory  of 
Alaska.. 


100 


ACTION    OF   THE    UNITED    STATES. 


Tn  witness  wliercof  I  have  lieremito  set  my  luind  aiul  caused  tlio  seal 
of  the  Treasury  Department  to  be  affixed,  on  the  day  and  year  first 
above  written. 

[SEAL.J  Charles  Foster, 

Secretary  of  the  Treasury. 


ft 


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Regulations  isHued  by  the  United  States  Treasury  Department  relative  to 

the  Pribilof  Islands. 

Treasury  Department,  February  8, 1870. 

The  attention  of  collectors  and  other  officers  of  tlie  customs  is  di- 
rected to  the  following  Executive  order: 

Executive  Maxsiox, 
Washington,  D.  C,  February  4,  1S70. 
Undor  and  in  pnrsu.ance  of  the  antliority  vested  in  me  by  the  piovisions  of  tlic  sec- 
ond seitioii  of  the  act  of  C'on<<reHS,  approved  on  the  27th  day  of  July,  ISOS,  entitled 
"An  act  to  extend  the  laws  of  the  United  States  relating  to  customs,  coninicrce,  and 
navigation  over  the  territory  ceded  to  the  United  States  by  Knssia,  to  establish  a 
collection  district  therein,  and  for  other  yniritosca,"  the  importation  of  distilled  spir- 
its into  and  within  the  district  of  Alaska  is  hereby  prohibited,  and  the  importation 
and  use  of  lirearnis  an<l  ammunition  into  an<l  within  the  islands  of  St.  I'anl  and  St. 
(Jcor}i;e,  in  said  district,  are  also  hereby  prohibite<l,  under  the  pains  and  penalties  of 
law. 

U.  S.  Grant, 

rremlent. 

In  conformity  with  i\\e,  foregoing  order  of  the  President,  and  to  in- 
sure its  faithful  execution,  <'ollect<>rs  of  customs  are  hereby  instructed 
to  refuse  clearance  to  all  vessels  having  on  board  distilled  spirits  foi- 
])orts,  i)laces,  or  islands  within  the  territory  and  collection  district  of 
Alaska. 

Vessels  clearing  for  any  port  or  place  intending  to  touch,  trade,  or 
pass  within  the  waters  of  Alaska,  witli  distilled  spirits  or  firearms  and 
ammunition  on  boanl,  will  be  required  to  execute  and  deliver  to  the 
collector  of  customs,  at  the  port  of  clearance,  a  good  aiul  sufficient  bond 
in  double  the  value  of  the  articles  so  laden,  conditiimed  that  said  spiiits, 
or  any  part  thereof,  shall  not  be  lande<l  upon  or  disposed  of  within  the 
Territory  of  Alaska,  or  that  said  arms  and  anununiti<m,  or  any  part 
thereof,  shall  not  be  lauded,  disjiosed  of,  or  used  ui)on  either  of  the 
islands  of  St.  Paul  or  St.  George,  in  said  district. 

Geo.  S.  Boutwell, 

Secretary  of  the  Treasury. 


Treasury  Department,  September  10, 1S70. 

The  following  Executive  order  relating  to  the  importation  of  arms 
into  the  islands  of  St.  Paul  and  St.  George,  within  the  district  of 
Alaska,  is  published  for  the  infonnation  of  officers  of  the  customs: 

Executive  Mansion, 
Washiiiffloti,  I).  C,  Stptemhrr  ft,  1870. 

So  much  of  Executive  order  of  February  4,  1S70,  as  prohibits  the  importation  and 
use  of  firearms  and  ammunition  into  and  within  the  islaiuls  of  St.  I'aul  and  St. 
Georj^e,  Alaska,  is  hereby  modlKed  so  as  to  permit  the  Alaska  ("oinmercial  C(»mpany 
to  take  a  limited  (luantity  of  tirearnis  and  auimunifiou  t(»  said  islands,  subject  to 
the  directions  of  the  revenue  officers  there,  and  such  regulations  as  the  Secretary  of 
the  Treasury  may  prescribe. 

U.  S.  Ghant, 

President, 


ACTION   OP   i^XECirnVE. 


101 


The  iii8tmctions  issued  by  this  Depaitiiient  in  its  rircular  of  Voh- 
ruary  8,  1870,  are  accordingly  modified  so  as  to  adjust  them  to  tlie 
alH»ve  order.  Revenue  ofldcers  will,  however,  see  that  the  privilege 
granted  to  the  said  company  is  not  abused;  that  no  firearms  of  any 
kind  are  ever  used  by  said  company  in  the  killing  of  se<ils  or  other  fur- 
bearing  animals  on  or  near  said  islands  or  near  the  haunts  of  seals  or 
sea-otters  in  the  district,  nor  for  any  purpose  whatever,  during  tlie 
months  of  June,  July,  August,  September,  and  October  of  each  year, 
nor  after  the  arrival  of  seals  in  the  spring  or  before  their  departure 
in  the  fall,  excepting  for  necessary  protection  and  defense  against 
nniranders  or  i)ublic  enemies  who  may  unlawfully  attempt  to  land  upon 
the  islands. 

In  all  other  respects  the  instructions  of  February  8, 1870,  will  remain 
in  force. 

Wm.  a.  Richardson, 

Acting  Secretartj. 


Treasury  Department, 

Wasliington,  D.  C,  July  3,  1875. 

To  collectors  of  customs: 

The  importation  of  breech -loading  rifles  and  fixed  ammunition  suit- 
able therefor  into  the  Territory  of  Alaska,  and  the  shipnu'ut  of  such 
rifles  or  anmiunition  to  any  i)ort  or  ]»lace  in  the  Territory  of  Alaska, 
are  hereby  forbidden,  and  collectors  of  customs  are  instructed  to  refuse 
clearance  of  any  vessel  having  <m  boanl  any  such  arms  <u-  ammunition 
destined  for  any  port  or  place  in  said  Territory. 

If,  however,  any  vessel  intends  to  touch  or  trade  at  a  port  in  Alaska 
Territory,  or  to  pass  within  the  waters  thereof,  but  shall  be  ultimately 
destined  for  some  port  or  place  not  within  the  limits  of  said  Territory, 
and  shall  have  on  board  any  such  firearms  or  ammunition,  the  master 
or  chief  officer  thereof  will  be  required  to  execute  an<l  deliver  to  the 
collector  of  customs  at  the  port  of  clearance  a  good  and  sufficient  bon<l, 
with  two  sureties,  in  double  the  value  of  such  merchandise,  conditioned 
that  such  arms  or  ammunition,  or  any  jiart  thereof,  shall  not  be  landed 
or  disposed  of  within  the  Territory  of  Alaska. 

Such  bond  shall  be  taken  for  such  tinu'  as  the  collector  shall  deem 
proper,  and  may  be  satisfied  upon  ]»roofs  similar  to  those  re(piired  to 
satisfy  ordinary  export  bonds,  showing  that  such  arms  have  been 
landed  at  some  foreign  port;  or,  if  su»h  merchandiser  is  landed  at  any 
])ort  of  the  United  States  not  within  the  limits  of  the  Territory  of 
Alaska,  the  bond  may  be  satisfied  ui>on  [)roduction  of  a  ctM-tificate 
to  that  t»flect  from  the  collector  of  the  port  where  it  so  landed. 

Approved. 

CilAS.  F.  CONANT, 

Acting  Secretary. 


t-i 


Treasury  Department, 
Wanhington,  />.  C,  April  21,  /•'*~'>. 
Section  195(5  of  the  Revised  Statutes  of  the  United  States  ])ro\  ides 
that  no  person  shall,  witlumt  the  consent  of  the  Secretary  of  the  Treas- 
ury, kill  any  otter,  mink,  marten,  sable,  or  fur  seal,  or  other  fur-bearing 
animal  within  the  limits  of  Alaska  Territory,  or  in  the  waters  thereof^ 
and  that  any  person  convicted  of  a  violation  of  that  section  sliall,  for 


102 


ACTION   OP   THE   UNITED   STATES. 


ea<!h  ott'enso,  ho  ttiiod  not  less  tliaii  $200  nor  more  than  $1,000,  or  l)o 
imprisoned  not  more  than  six  months,  or  both;  and  that  all  vessels, 
with  their  tackle,  ai)i)arel,  furuitnre,  and  <'arg;o,  found  enfjaged  in  vio- 
lation of  that  seetion  shall  he  forfeited. 

No  fur  bearing  animals  will,  therefore,  be  aHowed  to  be  killed  by  per- 
sons other  than  the  natives  within  the  limits  of  Alaska  Territory,  or  in 
the  waters  thereof,  except  fur-seals  taken  by  the  Alaska  Commereial 
Company  in  ]>ursuanee  of  their  lease.  The  use  of  lirearms  by  the  na- 
tives in  killing  otter  during  the  months  of  May,  June,  July,  August, 
and  September  is  herel)y  prohibited.  No  vessel  will  be  allowed  to 
anchor  in  the  well  known  otterkilHng  grounds,  except  those  which  may 
carry  ])arties  of  natives  to  or  from  such  killing  grounds;  and  it  will  be 
the  duty  of  the  ottieers  of  the  United  States,  who  may  be  in  that  local- 
ity, to  take  all  pro])er  measui-es  to  enforce  all  the  pains  and  penalties 
of  the  law  against  pers<ms  found  guilty  of  a  violation  thereof.  White 
men  lawfully  married  to  natives  and  residing  within  the  Territory  are 
considered  natives  within  the  meaning  of  this  order. 

John  Sherman, 
Secretary  of  the  Treasury. 


\i  V 


...  Treasury  Department, 

Office  of  the  Secretary, 

Washington,  7).  C,  March  12,  1881. 

Sir:  Your  letter  of  the  19th  ultimo,  requesting  certain  information 
in  regarihto  the  meaning  ])laced  by  this  Depjirtment  upon  the  law  reg- 
ulating the  killing  of  fur-bearing  animals  in  the  Territory  of  Alaska  was 
duly  received.  The  law  ]u<)hibits  the  kiUing  of  any  fur-bearing  ani- 
mals, except  as  otherwise  therein  provided,  within  the  limits  of  Alaska 
Territory,  or  in  the  waters  thereof,  and  also  prohibits  the  killing  of  any 
fur  seals  on  the  islands  of  St.  Paul  and  St.  George  or  in  the  waters 
adjacent  thereto,  except  during  certain  months. 

You  in^juire  in  regard  to  the  interpretation  of  the  terms  "  waters 
thereof"  and  "  waters  adjacent  thereto, "  as  used  in  the  law,  and  how  far 
the  jurisdiction  of  the  United  States  is  to  be  understood  as  extending. 

Presuming  your  inquiry  to  relate  more  especially  to  the  waters  of 
western  Alaska,  you  are  informed  that  the  treaty  witli  Eussia  of  March 
30, 187(>,  by  which  the  Territory  of  Alaska  was  ceded  to  the  United 
States,  defines  the  boundary  of  the  Territory  so  ceded.  This  treaty  is 
found  on  pages  071  to  073  of  the  volume  of  treaties  of  the  Revised  Stat- 
utes. It  will  be  seen  tiierefrom  that  the  limit  of  the  cession  extends 
from  a  line  starting  from  the  Arctic  Ocean  and  running  thrcmgh  Bering 
Strait  to  the  north  of  St.  Lawrence  Islands.  The  line  runs  thence  in  a 
southwesterly  direction,  so  as  to  passmi<lway  between  the  island  of  Attn 
and  Copper  Island  of  tlu^  Kromanboski  couplet  or  group  in  the  North 
Pacific  Ocean,  to  nun-idian  of  10.')  degrees  of  west  longitude.  All  the 
waters  within  that  boundary  to  the  western  end  of  the  Aleutian  Ardii- 
pelago  and  chain  of  islands  are  considered  as  comprised  within  the 
waters  of  Alaska  Territory. 

All  the  penalties  prescribed  by  law  against  the  killing  of  fur  bearing 
animals  would  therefore  attach  against  any  violation  of  law  within  the 
limits  before  desiaibed. 
Very  respectfully, 

H.  F.  French, 
Acting  Secretary. 

Mr.  D.  A.  Ancona, 

Ko.  717  O^Farrell  street,  San  Francisco,  Cal. 


ACTION   OF    EXKCUTIVE. 


103 


■If;       '. 


Treasitry  J)ErART>iENT,  March  n,  If^Sd. 
Sir:  I  transmit  herewith  lor  your  iul'oriiiiitioii  a  rojiy  of  a  letter  ad- 
dressed by  the  DeiKirtineiit  on  tliel2tli  IVIareh,  1.S.Sl,to  I).  A.D'Aiu'ona, 
coiieeriiing  the  Jurisdicti«ni  of  the  United  States  in  the  waters  of  the 
Territory  of  Alaslva  and  the  ju'^vention  of  tiie  liillinjj  of  fur-seals  and 
other  fur-bearing  animals  witliin  such  areas  as  prescribed  by  (Jliapter 
.'i,  Tith'  23,  of  the  Revised  Statutes.  Tlie  attention  of  your  predecessor 
in  »)ftice  was  called  to  this  subject  on  the  4tli  April,  I8S1.  This  coni- 
uuinicatiou  is  addressed  to  you  inasmuch  as  it  is  understood  that  cer- 
tain jxirties  at  your  port  <'ontemi>late  the  tittinji'  out  of  expeditions  to 
kill  lur-seals  in  these  waters.  You  are  reipu'sted  to  };ivtuliu^  i»ublicity 
to  such  letters  in  order  that  sm-h  i>arties  may  bi^  informed  of  the  con- 
struction jdaced  by  this  Department  u^ion  the  provisi<ui  of  law  referred 
to. 

llespectfully,  yours, 

D.  Manning, 

/Secretary. 
Collector  of  Customs, 

San  Francisco, 


i 


-*'    ti'J 


Bcffulations  governing  the  seal  fisheries  in  AJasht,  puhlished  in  1S89, 

The  law  limits  the  numberof  seals  which  may  be  killed  for  their  skins 
on  the  islands  of  St.  Paul  and  St.  Geor<;e  to  100,000  per  annum.  At 
]»rcsent  the  (piota  is  fixed  at  80,000  for  St.  Taul  Islaiul,  and  20,000  for 
St.  George  Island.  This  proi)ortion  may  be  varied  from  time  to  time 
by  the  Secretary  of  the  Treasury  as  facts  may  seem  to  denuind. 

The  skins  will  be  counted  by  the  Treasury  agents  as  they  are  placed 
in  the  salt  houses,  and  again  as  they  are  placed  on  board  the  vessel; 
and  a  daily  rec<u'd  of  the  ccmnt  will  be  kept.  This  n^cord  will  be  tiled, 
and  from  it  will  be  entered  in  a  ledger  a  proper  report  of  the  season's 
catch.  At  the  close  of  each  season  a  report  to  tlie  Treasury  Dci^art- 
nient  will  be  made  by  the  principal  agent,  showing  the  number  of  skins 
taken  and  shipped,  which  will  include  the  skins  of  any  seals  killed  for 
food  and  accepted  by  the  company  as  jiart  of  its  quota.  The  report  will 
also  show  to  what  extent  the  company  has  performed  the  other  condi- 
tions of  the  lease  with  respect  to  furnishing  supi)lies  to  the  natives, 
kee])ing  the  school,  etc.,  and  generally  embracing  a  review  for  the  year 
of  the  conditi(ui  of  affairs  at  the  islands.  The  natives  are  expected  to 
perform  the  work  assigned  them  in  an  orderly  and  proper  manner,  and 
the  making  or  the  use  of  "quass"  or  other  intoxicating  drinks  will  be 
discouraged  by  the  officers  of  the  company  and  of  the  (iovernmeut,  and, 
when  necessary,  the  issuance  of  supplies  from  which  such  beverages 
can  be  nnide  may  be  refused.  To  do  the  coarser  kind  of  work,  such  as 
salting  the  skins,  etc.,  the  company  Is  authorized  to  take  irom  other 
parts  of  the  Territory  a  proper  number  of  men,  who  may  be  used  to  do 
the  work  of  killing  or  flaying,  should  the  natives  of  the  islands  fail  or 
refuse  to  do  their  worl'  or  to  ])erform  it  in  a  satisfactory  manner. 

The  Treasury  agents  are  expected  to  maintain  order,  require  the 
attendance  of  the  children  at  the  school,  and  k'ud  their  best  efforts  to 
legulate  the  condition  of  affairs,  so  as  to  promote  the  welfare  of  the 
natives  and  advance  them  in  civilization. 

Occasignal  visits  will  be  made  by  the  Governujent  ofiBcers  to  Otter 


ir 


up 
m 


104 


A( "I'lON   OF   TIIK    UNITKIJ    STATES. 


Islinnl,Hitiiiit«'  iibout  (»  inilt's  from  St.  Paul  Islaiul,  whore  1iir{;oiinni1»(>rH 
ol" seals  roiijir«'<;at(',  in  on\vv  to  keep oH' marauders  and  jnevent  the  un- 
lawtul  killin;>' of  seals.  On  shiinnont  of  the  skins  from  tlic  seal  ishinds 
a  ('ertifieate,  si}>ned  by  tli(>  Treasury  aj>ent  and  by  the  captain  of  tlie 
vessel,  of  the  number  of  skins  hulen  on  board  will  be  made  out  in  dupli- 
<'ate,  one  copy  to  bej>'iven  to  the  captain  and  one  to  be  retained  by  the 
agent.  The  <'ai)tain  will,  on  arrival,  deliver  his  copy  to  the  collector  of 
customs  at  Sau  Francisco.  Tlu'  skins  will  be  then  counted  by  oflicers 
detailed  by  the  collector  for  that  purpose,  and  a  record  of  each  day's 
count  made.  Ten:porary  payment  of  tax  will  be  accepted  on  the  count 
of  skins  at  San  Francisco,  and  a  rei)ort  will,  ujum  payment  of  such  tax, 
be  made  by  the  collector  of  the  Ticasury,  showing  the  number  of  skins 
embraced  in  the  certiticate  ]>iesentcd  by  the  captain,  the  number  ascer- 
tained by  the  San  Francisco  count,  and  the  sum  paid  as  tax.  Should 
any  considerable  variance  be  slniwn  by  these  reports  between  the  count 
of  the  skins  made  at  the  islands  and  that  made  at  San  Francisco  the 
Department  Avill  take  such  action  in  regard  thereto  as  the  facts  may  ap- 
peal- to  demand. 

These  regulations  are  in  force  to-day,  except  as  modified  by  the  lease 
of  1890  and  the  modus  viveniH  of  181H  and  1892. 

In  the  summer  of  18I>1  instrucitions  wei'c  given  to  the  Treasury  agents 
stationed  on  the  rribih>f  Islands  to  prohibit  in  future  all  killing  of  puj)- 
s^als  for  food,  or  for  any  other  purposes. 


certir-icate  of  authentication. 

United  States  of  America, 

Treasury  Department,  July  30,  1802. 

Pursuant  to  section  882  of  the  lievised  Statutes,  I  hereby  certify  that 
the  annexed  i)ai)ers  are  true  copies  of  the  contracts  made  by  the  Secre- 
tary of  the  Treasury  with  The  Alaska  Commercial  Company  in  1870, 
and  with  The  North  American  Coinmercial  Company  in  1890  relative  to 
sealing  rights  in  the  Pribilof  Islands. 

In  witness  whereof,  I  have  hereunto  s(^t  my  hand,  and  caused  the  seal 
of  the  Treasury  Dei)artuient  to  be  attixed,  on  the  day  and  year  first 
above  written. 

[SEAL.]  Charles  Foster, 

/Secretary  of  the  Treasury. 


Lease  of  sealing  rights  on  the  Pribilof  Islands  to  The  AlasJca  Commercial 

(jompany  in  1870. 

CONTKACT  BETWEEN   WILLIAM   A,    RICIIAHDSON,   ACTING    SfECRKTAHY  OF  THE  TREAS- 
UUY,    AND   THE    ALASKA   COMMEUCIAL  COMPANY. 

Thisindenture,induplicate,  made  this3d  day  of  August,  A.  D.  1870,  by 
and  between  William  A.  Kiclumlson,  Acting  Secretary  of  the  Treasury, 
in  pursuance  of  an  act  of  Congress  approved  July  1st,  1870,  entitled  "An 
act  to  prevent  the  extermination  of  fur-bearing  animals  in  Alaska,"  and 
The  Alaska  Conmiercial  Company,  a  corporation  duly  established  under 
the  laws  of  the  State  of  California,  acting  by  John  F,  Miller,  its  presi- 


\ 


0 


ACTION   OF   EXECUTIVE. 


105 


dent  arid  aj^cnt,  in  accordance  with  ii  resolution  of  .sai<l  corporation  duly 
adopted  at  a  nu'etinj;  of  its  boardof  trustees  lield  January  .'tlst,  1H70. 

WitnesHctli  tinit  tlic  sai<l  Secretary  hereby  leases  t«)  Tlie  Alaska  Com- 
mercial Company,  witliout  power  of  transfer,  for  the  term  of  twenty 
years,  from  tlie  Ist  day  of  May,  1«S7(),  the  rijjht  to  en;iaKti  in  the  business 
of  takiufi  fur  seals  on  the  islands  of  St.  (leorge  and  St.  Paul,  witliin  tht* 
Territory  of  Alaska,  and  to  stnid  a  vessel  or  vessels  tu  said  islands  &iv 
the  skins  of  such  seiils. 

Ami  the  said  Alaska  Commercial  Comi)any,  in  ctmsideration  of  their 
rij;lit  under  tiiis  h-ase,  hereby  covenant  and  ayree  to  pay  for  each  year 
durinji  said  term,  and  in  piop(Ution  durinj^r  any  part  there(>f,  the  sum  of 
!ifijr),000  into  tlie  Treasury  of  tlu^  United  States,  in  accordance  with  the 
regulations  of  the  Secretary,  to  be  made  for  this  jturpose  under  said  act, 
which  |>ayment  shall  be  secured  by  deposit  of  United  States  bonds  to 
that  auumiit;  and  also  coveimnt  and  agret^  to  pay  annually  into  the 
Treasury  of  the  United  States,  under  vSaid  rules  and  rej»ulations,  a  rcvi^- 
nuetaxorduty  of  $2iipon  each  fur-seal  skin  taken  audshipped  bythem  in 
acctmlaiice  with  the  provisions  of  the  act  aforesaid;  and  also  the  sum  of 
62^  cents  for  each  fur-seal  skin  taken  and  shi])ped  and  55cent8per}iallon 
for  each  gallon  of  oil  obtained  from  said  seals  for  sale  on  said  islands  or 
elsewhere  ami  sold  by  raid  company.  And  also  covemint  and  agree,  in 
accordance  with  said  rules  and  regulations,  fo  fiirnisli  free  of  charge  the 
inhabitants  of  the  islands  of  St.  T'aul  and  St.  George,  annually  during 
said  term,  25,000  dried  salm(Mi,  (50  cords  firewood,  a  sufficient  (juantity 
of  salt,  and  a  sutiicieut  number  of  barrels  for  preserving  the  neci'ssary 
su|>i)ly  of  nu^at. 

And  the  said  lessees  also  hereby  covenant  and  agree  during  the  term 
aforesaid,  to  maintain  a  school  on  each  island,  in  accordance  with  said 
rules  and  regulations,  and  suitable  for  the  education  of  the  natives  of 
said  islands,  for  a  jieriod  of  not  less  than  eight  months  in  each  year. 

And  the  said  lessees  further  *!ovenant  and  agree  not  to  kill  ujwn  said 
island  of  St.  Paul  more  than  75,000  fur-seals,  ami  upon  the  island  ot 
St.  George  not  more  than  25,000  fvu'-seals  per  annum;  not  to  kill  any 
i'ur-seal  upon  the  Islands  aforesaid  in  any  other  month  except  the  months 
of  June,  July,  September,  and  October  of  each  year;  not  to  kill  such 
seals  at  anytime  by  the  use  of  firearms  or  other  means  tending  to  drive 
the  seals  from  said  islands;  not  to  kill  any  female  seal  or  any  seal  less 
than  one  year  old;  not  to  kill  any  seal  in  the  waters  adjacent  to  said 
islands  or  on  the  beaches,  difts,  or  rocks  where  they  haul  up  from  the 
sea  to  remain. 

And  the  said  lessees  further  covenant  and  agree  to  abide  by  any  re- 
striction or  limitation  upon  the  right  to  kill  seals  under  this  lease  that 
the  act  prescribes  or  that  the  Secretary  of  the  Treasury  shall  judge 
necessary  for  the  preseivation  of  such  seals. 

And  the  said  lessees  hereby  agree  that  they  will  not  in  any  Avay 
sell,  transfer,  or  assign  this  lease,  and  that  any  transfer,  sale,  or  assign- 
ment of  the  same  shall  be  void  and  of  no  effect. 

And  the  said  lessees  further  covenant  and  agree  to  furnish  to  the  sev- 
eral masters  of  the  vessels  employed  by  them  certified  copies  of  this  lease, 
to  be  presented  to  the  Government  revenue  officers,  for  the  time  being 
in  charge  of  said  islands,  as  the  authority  of  said  lessees  for  the  laud- 
ing and  taking  said  skins. 

And  the  said  lessees  further  covenant  and  agree  that  they  or  their 
agents  shall  not  keep,  sell,  furnish,  give,  or  dispose  of  any  distilled 
spii'its  or  spirituous  li«j[uors  on  either  of  said  islands  to  any  of  the 

14 


m  i 


m 


IOC 


ACTION   OF   THE    UNITIM)   8TATi:<<. 


niitivt's  tlnTPof,  such  imtsoii  not  beiiiK  u  pliyHicimi  furnisliinjj  Mio  sanio 
lor  us*'  iis  nu'dicinr. 

And  tlu' said  lessees  further  <'oveiiiint  iind  a^ree  that  this  lease  is 
ue(;e|>ted  subject  to  all  iieedt'ul  rules  and  regulations  which  Hhall  at 
any  time  or  times  hereafter  lie  made  by  the  Secretary  of  the  Treasury 
for  the  <u)llection  an<l  payment  of  the  rentals  herein  a^reeil  to  be  paid 
by  said  lessees,  Ibr  the  comlbrt,  nniintemmce,  education,  and  protec;- 
tion  of  the  natives  of  said  islands,  ami  for  (iarryin^-  into  effect  all  the 
ju'ovisions  of  the  act  aforesaid,  and  will  abide  by  and  conform  to  said 
rides  and  rej>'ulations. 

And  the  said  lessj'cs,  accepting  this  lease  with  the  full  knowledge 
of  the  provisions  of  the  atbresaid  a<*t  of  Congress,  further  covenant  and 
agree  that  they  will  fulHIl  all  the  provisions,  requirements,  and  lindta- 
tions  of  said  act,  whether  lu'rein  spccitically  s»^t  out  or  not. 

In  witness  wheieof  the  parties  aforesaid  have  hereunto  set  their 
liauds  and  seals  the  day  and  y«'ai'  above  written. 

William  A.  KMciiAnDSON, 

Actiiif)  Strn'tury  of  the  Treasury. 
Alaska  ('()>imer<!ia*l  (Company, 
Ily  .7 NO.  F.  Miller,  Vrvsident. 
Executed  in  the  i)ri'sence  of — 
J.  H.  Saville. 


V*!,  A 


ikiii'ri 


Lease  of  the  scaling  rUjhts  on  the  Prihilof  Islawls  to  the  Xorth  American 

t'oinnurcial  Conipautj  in  1800. 

This  indenture,  made  iu  dupliejite  tins  12th  day  of  J\I  (^h,  1890,  by 
and  between  William  Wiiidom,  Secretary  of  the  Treasurx  f  the  United 
States,  1)1  imrsuance  of  Ciiapter  o,  of  Title  -'3,  Uevised  statutes,  and 
The  North  AnuM'ican  (Commercial  Contpaiiy,  a  corporation  duly  estab- 
lished under  the  laws  of  the  State  of  Califorina  and  aitnig  by  1.  Lielu's, 
its  jiresideut,  in  accordance  with  a  resolution  of  said  cori)oratiou 
adopted  at  a  meeting  of  its  board  ((f  directors  held  January  4,  1890. 

Witn«'sscth:  That  the  said  Secretary  of  the  Treasury,  in  considera- 
tion of  the  agreements  hereinafter  stated,  hereby  leases  to  the  said 
l^orth  American  Connnercial  Company  for  a  term  of  twenty  yeais  from 
the  1st  day  of  May,  1890,  the  exidusive  right  to  engage  in  the  business 
of  taking  fur-seals  on  the  islands  of  St.  George  and  St.  Paul,  in  the 
Territory  of  Alaska,  and  U)  send  a  vessel  or  vessels  to  said  islands  for 
the  skins  of  such  seals. 

The  said  North  American  Comnuucial  C(uni)any,  in  consideration  of 
the  rights  secured  to  it  under  this  lease  above  stated,  on  its  part  cov- 
enants and  agrees  to  do  the  things  following,  that  is  to  say: 

To  pay  to  the  Treasurer  of  the  United  States  each  year  during  the 
said  term  of  twenty  yesvrs,  as  annual  rental,  the  sum  of  $60,00() ;  and  in 
addition  thereto  agrees  to  pay  the  revenue  tax,  or  duty,  of  ^2  hiidupon 
each  fur-seal  skin  taken  and  shipped  by  it  fr(mi  said  islands  of  St.  Geoige 
and  St.  Paul;  and  also  to  pay  to  the  said  Treasurer  the  further  sum  of 
$7.(>2i  apiece  f(n-  each  and  every  fur-seal  skin  taken  and  shipped  from 
said  islands;  and  also  to  pay  the  sum  of  50  cents  per  gallon  for  each 
gallon  of  oil  sohl  by  it  made  from  seals,  that  nmy  be  taken  on  said  is- 
lainls  during  the  said  i»eriod  of  twenty  years;  and  to  secure  thepnmipt 
l>ayment,  of  the  .f()0,000  rental  al)Ove  n^ferred  to,  the  said  company 
agrees  to  deposit  with  the  Secretary  of  the  Treasury  bonds  of  the 


ACTION   Of   EXKCUTIVFJ. 


107 


TTnite*!  8tiit««s  fo  tlie  amount  of  iJ;j(M>0(>,  (mcc  viiliu'  to  1m^  IicM  ns  a 
{••iiiiriinti'c  for  tlio  annual  paynuMit  of  said  ijU»(»,(M)(»  rental,  tiic  interest 
tliereon  when  due  to  he  colleitted  and  paid  to  The  Noitli  Anieiiean  t'nin- 
niereial  ('onipany,  provided  tliesaid  eonipany  is  not  iu  default  of  pay- 
ment of  any  part  of  the  said  )S()0,(MM>  rental. 

That  it  will  furnisli  to  the  native  inhabitants  of  said  islnnds  of  St. 
(■eiM'j^eand  St.  I'aul  annually  sucli  (|uantity  or  number  of  dried  sid- 
moii,  and  such  (puintity  of  salt  and  such  number  of  salt  barrels  for  pre- 
seiviiifi'  their  necessary  supi)ly  of  nu'at  as  the  Secretary  of  the  Treas- 
ury shall  from  time  to  tim*'  determine. 

That  it  will  also  furnish  to  tht^  said  inhabitants  80  tons  of  eoal  an- 
nually and  a  suftieient  nuudjer  of  eomfortable  dwellinjis  in  whi<h  said 
native  inhabitants  may  reside,  and  will  keep  said  dwelliuffs  in  proper 
I'epair;  ami  will  also  provide  and  keep  iu  repnir  such  suitable  s<'liool 
houses  as  may  be  ue<;esHary,  and  will  establish  and  nniintain  dni'in<>' 
eiyht  months  of  each  year  proper  schools  for  tlie  i'duention  of  the 
children  on  said  islands,  the  same  to  bt^  tau^^ht  by  c(unpet(>nt  t<>aehers, 
who  shall  be  ]>aid  by  the  (Company  a  fair  compensation,  all  to  the  satis 
faction  of  the  Se(!retary  of  the  Treasury;  and  wdl  also  pntvide  and 
maintain  a  suitabhi  house  for  religious  w<»rship;  and  will  also  provide 
a  competent  physician  <u' physicians  an<l  n«'(U'ssary  and  pntper  medi- 
cirn'S  and  medical  supplies;  and  will  als(>  provide  the  necessaries  of 
life  for  the  widows  and  orphans  and  a}>'ed  and  inlirm  inhabitants  of 
said  ishnuls  who  are  unable  to  provide  foi-  themselves;  all  of  wlii<'li 
foreji'oinfi'  agreements  will  be  done  and  performed  by  the  said  Company 
free  of  all  costs  aiul  <tharges  to  said  native  inhabitants  of  said  islands 
or  to  the  United  States. 

The  annual  rental,  together  wi  h  all  other  payments  to  the  United 
States  ])iovided  for  iu  tTiis  lein^e,  shall  be  made  and  paid  on  or  before 
the  first  day  of  April  of  each  and  every  year  during  the  existence  of 
this  lease,  beginning  with  the  1st  day  of  Ajiril,  1891. 

The  said  Company  further  agre«'s  to  employ  the  native  inhabitants 
of  said  islands  to  perform  such  labor  upon  the  islands  as  they  are  titted 
to  perform,  and  to  i>ay  therefor  a  fair  an<l  just  compensation,  such  as 
may  be  tixed  by  the  Secretary  of  the  Treasury;  and  also  agrees  to  c(»n- 
tribute,  as  far  as  in  its  power,  all  reasiuuible  efforts  to  secure  the  com- 
fort, health,  education,  and  promote  the  morals  and  civilizatiou  of  said 
uative  inhabitants. 

The  said  Company  also  agrees  faithfully  to  obey  and  abide  by  all  rules 
and  regulati(Uis  that  the  Secretary  of  the  Treasury  has  heretofore  or 
may  hereafter  establish  or  make  in  pursuan<'e  of  law  concerning  the 
taking  of  seals  on  said  islands,  and  concerning  the  <'omfort,  morals,  and 
other  interests  of  said  inhabitants,  and  all  matters  pertaining  to  said 
islands  and  the  taking  of  seals  within  the  possessions  of  the  I'nited 
States.  It  also  agrees  to  obey  and  abide  by  any  restrictions  or  limita- 
tions upon  the  right  to  kill  seals,  that  the  Secretary  of  the  Treasury 
shall  Judge  necessary  under  the  law,  for  the  preservation  of  the  seal 
fisheries  of  the  United  States;  and  it  agrees  that  it  will  not  kill,  or  per- 
mit to  be  killed,  so  far  as  it  can  prevent,  in  any  year,  a  greater  number 
of  seals  than  is  authorized  by  the  Secretary  of  the  Treasury. 

The  said  Company  further  agrees  that  it  will  not  permit  any  of  its 
agents  to  keep,  sell,  give,  or  dispose  of  any  distilled  si)irits  or  spiritu;)us 
liquors  or  opium  on  eitherof  said  islands,  or  the  waters  adjacent  thereto, 
to  any  of  the  native  inhabitants  of  said  islands,  su<;h  person  not  being 
a  physician  and  furnishing  the  same  for  use  as  a  medicine. 

It  IS  understood  and  agreed  that  the  number  of  fur-seals  to  be  taken 


IK 


li* 


ri 


m^^^ 


108 


ACTION    OF   THK    liNITKD    STATES. 


and  killed  for  their  skins  upon  said  islands  by  the  North  American 
Coniniert'ial  Company  during  the  year  ending'  May  1, 1891,  shall  not 
ex»!eed  (iO,000. 

The  Seei-etary  of  the  Treasury  reserves  the  right  to  terminate  this 
lease  and  all  rights  of  the  North  American  Commercial  Company  under 
the  same  at  any  time,  on  full  and  satisftictory  proof  that  the  said  com- 
l)any  has  violated  any  of  the  provisions  and  agreements  of  this  leasc!, 
or  in  any  of  the  laws  of  the  United  States,  or  any  Treasury  regulation 
respecting  the  taking  of  fur-seals,  or  concerning  the  islands  of  St.  George 
and  St.  Paul,  or  the  Inhabitants  thereof. 

In  witness  whereof,  the  parties  hereto  have  set  their  hands  and  seals 
the  day  and  year  above  written. 

William  Windom, 

Secretary  of  the  Treasury. 

North  American  Commercial  Company, 
By  I.  LiEBES, 


(North  American 
Couiiiiert'ial  Company, 
incoriiiirated 
December,  1889.] 


President  of  the  North  American  Commercial  Company. 


Attest : 

H.  B.  Parsons, 

Assistant  Secretary. 


certificate  of  authentication. 

United  States  of  America, 

Treasury  Department,  July  30,  1892. 

Pursuant  to  section  882  of  the  Revised  Statutes,  1  hereby  certify 
that  the  annexed  table  is  a  correct  statement  of  the  vessels  seized  in 
Bering  Sea  by  officers  of  the  United  States  pursuant  *".')  instructions  of 
tliis  Department. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  caused  the  seyl 
of  the  Treasury  Deiiartment  to  be  affixed,  on  the  day  and  year  tirst 
•above  written. 

[seal.]  Charles  Foster, 

Secretary  of  the  Treasury. 


Table  of  vessels  seized  by  revenue  steamers  of  the  United  States  in  Ber- 
ing Sea. 

In  the  year  1876,  the  schooner  San  Diego,  an  American  vessel,  wasi 
seized  for  illegiil  sealing  near  Otter  Island,  by  the  Treasury  ag(mts  in 
charge  of  the  Pribilof  Islands. 

In  the  year  1884,  the  schooner  Adcle,  a  vess<»l  sailing  under  the  Ger- 
man flag,  was  seized  for  illegal  sealing  ne.ar  St.  Paul  Island,  by  the 
United  States  Kevenue  Marine. 


ACTION   OP   EXECUTIVE. 

1S86. 


109 


VESSELS  SEIZED  BY  REVENUE  STEAMER  (JORWIN,  CAPT.  C.  A.  ABBET,  COMMAXD- 

ING. 


No. 

Date  of 
Hfizure. 

Nationality. 

Rig. 

Name. 

Lati- 
tude N. 

Longi- 
tudeW. 

Section  of 

Revised 

Statutes* 

under 

wliieli 

seized. 

So. 

of 

xlcin.s. 

I 

.Inly  17 
Aug.    1 
Aug.    1 
Aug.    2 

Total. 

American 

liritisli 

Scliooner  . 
....do  

(!ity  of  San  Diogo 

O       ' 

54  04 

55  45 

o     / 

166  46 

IfiX  -'5 

19.-.5. 19.-)6 
1!»5« 
1950 
1056 

.577 

4o;i 

3 

...  do 

.  ..do  

("iiriiliiia 

Onward - 

r>'>  :to  '  I6K  10 

685 

4 

. .  .do 

do 

55  10 

167  40 

402 

2, 067 

"  (I 


1887. 
VESSELS  SEIZED  BY  REVENUE  STEAMER  BEAR,  CAPT.  M.  A.  HE ALY,  COMMANDING. 


1 

Aug.  25 
Aug.  25 
Sept.    2 

Total. 

American 

Britisli 

Schooner  . 
....do  

AUie  J.  Algar 

54  05 
54  UO 
54  12 

106  42 

100  20 

106  5;t 

1956 

1956 

1956, 1901 

1,594 

a 

Ada 

1  H70 

H 

American 

.   ..do    .... 

Sylvia  Handy 

1  079 

1 

.">,  149 

1887.    (Continued,.) 

VESSELS    SEIZED    WV    REVENUE    STEAMER    RUSH,    CAPT.    L.   G.    SHEPARD,    COM- 
MANDING. 


1 

2 

3 

4 

5 
6 

7 
8 
9 

10 
11 

12 


Juno  30 

July    2 

.July  9 
July  12 

July  16 
July  17 

Aug.  6 
A.ug.  6 
Aug.    6 

Aug.  8 
Aug.    8 

Aug.  18 

Total. 


American Schooner  .'  Ch.aUengo  . 

I  ! 

British i  Steam  i  Anna  Beck 

schooneri 
.do '  Schooner  .  j 


.do 


American. 
British  . . . 


Amerii^an. 
British  ... 
American. 


...do 
...do 

...do 


S  t  e  a  ui  j 
scliooner, 

Sclioor.er  . 

S  t  e  a  tn  I 
schooner 

Sclimmur  . 

...do I 


W.  P.  Siiy  ward. 
Dolphin 


Lillio  L. 
Grace... 


Ellen  - . 
Alfred 


.do !  Annie  . 


Adams 


. .  .do 

Steam 
schooner 
Schooner 


Alpha 

Kate  and  Annie 

San  Jose 


Akout  an    I  s  - 
lanil. 
54  58     167  20 


54  5:t 
54  118 


55  46 

55  o;i 

54  19 

54  42 

55  05 

50  55 
57  07 

54  14 


107  51J 
167  03 

170  38 

108  40 

100  .56 
167  20 
107  19 

109  40 
109  51 

167  28 


1961 

1956 

1956 
1955,1950 

1901, 19.50 
1955,  1950 

19.56, 1961 
19,55. 1950 
1955.  1950, 
1901 
1950,  1901 
1950,1901 

1950, 1901 


151 

336 

477 
018 

197 
7li9 

195 

1.379 

304 

389 
577 

891 


0,  726 


1889. 

VESSELS  SEIZED  BY  THE  UNITED  STATES    REVENUE  STEAMER    RICHARD   RUSH, 
CAPT.  L.  G.  SHEPARD,  COMMANDING. 


July  11 
Julv  15 
July  29 
July  30 
July  31 
Aug.    6 

Total. 


British 

...do  

...do , 

United  States. 

British 

...do 


Scliooner  .    *Bla<^k  Dianumd .50  22  '  170  25 

...do Minnie .55  11  105,55 

...do PiithHniler !  .57  24  171  .55 

—  do i  .laiiu's  (i.  Swan 55  44  171    4 

...do '  Juanita .5542  17040 

...do i  *Lily ,50  29  160  15 


19.50 
19.56 
1956 
19.50 
19.56 
1956 


76 
418 
853 
171 
619 
333 


2, 470 


♦Partly  owned  by  American  citizens. 


m 


'v,  ■> 


4:!l 


110 


ACTION   OF   THE   UNITED    STATES. 


Treasury  Department, 
Office  of  the  Secretary, 
Washington,  D.  C,  July  15,  1892. 
The  honorable  the  Secretary  of  State  : 

Sir:  In  reply  to  your  request  therefor  I  have  the  honor  to  state  that 
the  records  (>f  this  JJepartnient  afford  the  following  information  in  rela- 
tion to  the  servicje  of  the  Keveuue  Cutters  in  Alaskan  waters  since  that 
Territory  was  ceded  to  the  United  States. 

Pearly  in  June,  ISOT,  before  the  formal  transfer  of  the  Territory  was 
made  by  the  Itussian  (iovernnjent  to  the  United  States,  the  revenue 
steamer  Lincoln  was  ordered  to  Alaska  and  sailed  in  July.  She  was 
in  immediate  command  of  Capt.  J.  W.  White,  while  Capt.  W.  A.  How- 
ard, also  of  the  Ke venue-Cutter  Service,  had  general  charge  of  the  expe- 
dition. 

His  instructions  contemplated  the  secxiring  of  information  which 
would  aid  in  the  proper  protection  of  the  revenues  and  the  interests  of 
the  (jovernmeut  when  the  Territory  became  a  part  of  the  United 
States.  The  records  fail  to  show  the  date  on  which  the  Lincoln  re- 
turned to  San  Francisco,  but  it  was  prior  to  November  1st  of  that  year. 

March  20,  18GtS,  Capt.  ef.  W.  WJiite,  then  in  commaJid  of  the  revenue 
steamer  Wayanda,  was  ordered  with  his  command  on  a  cruise  to  Alaska 
''for  the  protection  of  those  interests  especially  confided,  to  your  care 
as  an  oliicer  of  the  Kevenue-Mariue  Service  by  the  laws  of  the  United 
States  and  the  regulations  of  this  Department."  The  Wayantla  sailed 
from  San  Francisco  Ajnil  18, 18G8. 

During  the  season  this  vessel  visited  the  islands  of  St.  Paul  and  St. 
George  for  the  purpose  of  preventing  the  killing  of  fur-bearing  animals 
and  returned  to  San  Francisco  November  G,  18G8. 

Early  in  18G9  Lieuts.  Robert  Henderson  and  W.  B.  Barnes,  of  the 
Revenue-Cutter  Service,  were  ordered  to  the  Pribilof  Islands  to  prevent 
illicit  traffic  and  the  violation  of  the  revenue  laws  with  particular  ref- 
erence to  the  act  of  July  27,  18G8,  section  G,  for'  Iding  the  killing  ot 
fur  seals. 

On  the  same  date,  February  G,  18G9,  Capt.  J.  A.  Henriques  was  or- 
dered with  the  Wayanda  into  Alaskan  waters  from  San  Francisco.  This 
order  was  modified  on  the  23d  of  February  so  as  to  place  him  in  com- 
mand of  the  Lincoln  instead  of  the  M'^ayanda.  His  orders  were  sub- 
stantially the  same  as  those  to  Captain  White  of  the  previous  year,  and. 
the  cruise  covered  the  same  ground. 

During  tlds  season  the  revenue  cutter  Reliance,  under  command  of 
Capt.  James  M.  Selden,  was  stationed  at  Sitka. 

Under  date  of  March  31, 1870,  Capt.  James  M.  Selden  was  direi'ted 
to  cruise  with  tlie  Reliance  from  Sitka  to  Unalaska,  the  seal  islands, 
Norton  and  Kotzebue  sounds. 

On  the  18th  of  Ai)ril  following  the  collector  of  customs  at  Sitka  was 
instructed  to  direct  Captain  Selden  to  be  particular  to  note  vessels  in 
the  vicinity  of  the  seal  islands,  and  "those seized, giving  names, dates, 
lixidjlag  and  specifications  of  seizure." 

May  25  of  the  vsanu^  year  the  commanding  officer  of  the  revenue 
steamer  Lincoln,  Capt.  C.  M.  Scanimon,  was  ordered  with  his  command 
on  a  cruise  to  the  Aleutian  Islands,  Bering  Sea,  and  the  islands  of  St. 
George  and  St.  Paul,  with  instructions  to  "protect  the  interests  of  the 
Government  in  those  waters." 

During  the  years  1871  and  1872  the  Revenue  Cutter  Reliance,  under 
the  command  of  Capt.  J.  A.  Webster,  jr.,  was  stationed  at  Sitka,  and 


ACTION   OF    EXECUTIVE. 


Ill 


(luring  each  season  crnined  as  far  to  the  westward  as  TJnalaska  and 
vicinity. 

In  1873  and  1(S74  the  same  cutter  was  under  the  command  ofCapt. 
J.  Vt.  Baker,  and  during  the  sumnu'r  seasons  lier  station  was  Sitl^a. 
From  this  port  she  made  voyages  to  tlu^  westward  to  Unalaska  and 
vicinity,  visiting  the  islands  of  St.  Mattliews,  St.  Lawrence,  Univak, 
and  St.  Midiaels. 

On  the  5tli  of  May,  1875,  Capt.  C  M.  Scaminon,  commanding  the 
Kevenue  Cutter  Wolcott,  wan  ordered  nortli  to  reixut  to  the  c<dlectorof 
customs  at  Sitka,  and  thatotticer  directed  the  vessel  "to  cruise  in  the 
waters  adjacent  to  and  within  the  Prince  of  Wales  Archipelago." 

During  the  year  1876  Alaska  was  not  visited  by  any  of  the  vessels  of 
the  Kevemie-Cutter  Service. 

Vessels  of  the  service  were  dispatched  to  Alaska  each  season  from 
1877  to  1887,  inclusive,  under  orders  "  to  enforce  the  provisions  of  law 
and  protect  the  interests  of  the  Government  on  the  seal  islands,  at  the 
sea-otter  hunting  grounds,  and  in  Alaska  generally.  The  commanding 
officer  was  clothed  with  full  power  to  enforce  the  law  as  contained  in 
section  lOilti  of  the  llevised  Statutes  prohibiting  the  killing  of  seal  and 
other  fur-bearing  animals  in  the  waters  of  Alaska;  he  was  directed  to 
seize  all  vessels  and  arrest  and  turn  over  to  the  i)roper  authorities  all 
persons  found  violating  said  law.  Similar  orders  were  issued  for  1889 
and  1890. 

The  following  is  an  exhibit  of  the  names  of  the  vessels,  the  command- 
ing otticers,  and  dates  of  order  and  return  to  San  Francisco  or  Port 
Townsend  from  1877  up  to  189ii,  inclusive: 


' '  n 


4 


f-  n 


■it-  ^' 


Yfiir. 


Name  of 

Vt'HStil. 


1877 

ll-;8 

1K7!) 

IHhJ) 

1881 

]8S1 1  Rnsli 


Kanie  ofooiiimnnilini'  officer. 


Kiish Cai)t.  Geo.  AV.  Bailey. 

. . .  do ' do 

. .  .do I do 

Corwiii  ...'  Cajit.  I!.  L.  Hooper... 
. .  .do ! do 


Dati^  of 
order. 


Lieut.  M.  A.Healy- 


Ccirwiii  . . .] do 

..do i  ('apt.  M.  A.  jlealy  .. 

.  .do I do ". . . . 

.  .do ' do 

.do i  ('apt.  ('.  ^  .  Aliliev... 

Hear   Capt.  M.  A.  llealy  .. 

.  .do ' do 

Capt.  L.  (J.  Sliepard  . 

do 


1882 

]88:! 

1884 

]88.-) 

]88(i 

188« 

1887 

1887 ;   Kntili 

1888 ...do  . 

1888 1   Bear   :  ('ai>t.  M-  A.  Ilealv  .. 

I88!» Klish i  ('HI)t.  I,,  (i.  SiH'pa'ld  . 

188!t !   Bear   \  Capt.  M.  A.  Ilealv  .. 

18!)0 do clo 

18!l(l ;  Kiisli 


18!»II. 
18m. 
18111. 
1801. 
18H2. 

]8i)2. 

1802. 
1802. 


Corwiii 
KiiNh  . . 
Bear    ... 
(Jorwin  . 
..do.... 


AlbatroBH. 
Uimii  . 


('apt.  W.  C.  Coiilsoii. 
("a|>t.  (".  L.  Hooper.. 
(Jn])t.  W.  (/".  (.'(lulso;. 
Capt.  .M.  A.  Healy  .. 
Capt.  ('.  L.  Hooper  .. 
do 


Lieut.  (Jloimnaiider  Z.  L.  Tanner, 
("aiit.  W.  (J.  ('(iiilmm 


Hoar I  Capt.M.  A.  Healy. 


Apr. 

.Apr. 
•Tune 
Apr. 
A  UK. 
.lulv 
Mav 
Apr. 
Apr. 
Mav 
.Apr. 
Mav 
Mav 
.In.e 
Mav 
May 
Mav 
Mi.y 
May 
Au'k. 
Mav 
May 
June 
Mar. 

Ular. 

^Apr. 
Ajtr. 
Apr. 


211 

28 

21 

Ht 

21 

1!)* 

15 

II 

18 

18 

28 

21 

1(1 

28 

20 

Hi 

211 

:ii 

21 
22 

Ig 

9 
2.-> 

in 

!9 

19> 

■26^ 

•26 

20 


Date  of 
return. 


Nov. 

(let. 

( >et. 

Oet. 

Oet. 

\ov. 

Xov. 

Oet. 

Oct. 

Oet. 

Sept. 

Oet. 

Oet. 

Oet. 

Oet. 

Sept. 

Oet. 

Oct. 

Nov. 

Oet. 

Oet. 

r)e<. 

Dec. 

Oct. 


*  Sailed. 


Respectfully  yours, 


7 

27 

211 

14 

21 

1 

1.') 

8 

5 

12 

22 

21 

1 

8 

o 

6 

;i 

31 

JO 
15 

;) 

15 
19 
10 


CnARLES  Foster, 

Secretary. 


yq 


!  I 


II 


:-"» 


u 


112  ACTION    OP    THE    UNITED    STATES. 

:  No.  2015. 

United  States  of  America, 
depaktment  of  state. 

To  all  whom  these  presents  shall  come,  greeti.ig: 

1  certify  that  a  luoclauuition,  of  which  the  annexed  is  a  true  copy,  was 
issued  by  the  President  of  the  United  States  in  the  year  1889,  and  that 
a  l)rochiination  of  siniihir  purport  was  issued  by  him  in  each  of  tlie  fol- 
lowing years,  to  wit:  18iM),  1891,  and  1892. 

In  testimony  whereof  I,  Jolin  W.  Foster,  Secretary  of  State  of  the 
United  States,  have  lu'reunto  subscribed  my  name  and  caused  the  seal 
of  the  Department  of  State  to  be  affixed. 

Done  at  the  city  of  Washington,  this  .'iOth  day  of  July,  A.  D.  1892, 
and  of  the  Independence  of  the  United  States  of  America  the  one  hun- 
dred and  seventeenth. 

[SEAL.J  John  W.  Foster. 


\mt\ 


BY  THE  PRESIDENT  OF   THE  UNITED   STATES   OF  AMERICA. 

A  Proclamation. 

The  foUowinj?  provisions  of  the  laws  of  the  United  States  are  hereby 
published  for  the  information  of  all  concerned : 

Section  195G,  Kevised  Statutes,  chapter  3,  title  23,  enacts  that  "  Xo 
person  shall  kill  any  otter,  mink,  marten,  sable,  or  fur  seal,  or  other  fur- 
bearing  animal  within  the  limits  of  Alaska  Territory,  or  in  the  waters 
thereof;  and  every  person  guilty  thereof  shall,  for  each  offense,  be  fined 
not  less  than  two  hundred  nor  more  than  one  thousand  dollars,  or  im- 
prisoned not  more  than  six  months,  or  both,  and  all  vessels,  their  tackle, 
apparel,  furniture  and  cargo,  f<#und  engaged  in  violation  of  this  section 
shall  be  forfeited,  but  the  Secretary  of  the  Treasiiry  shall  have  power 
to  authorize  the  killing  of  any  such  mink,  marten,  sable,  or  other  fur- 
bearing  animal,  except  fur  seals,  under  such  regulations  as  he  nniy  i)re- 
scribe,  and  it  shall  be  the  duty  of  the  Secretary  to  i)revent  the  killing 
of  any  fur  seal,  and  to  provide  for  the  execution  of  the  provisions  of  this 
section  until  it  is  otherwise  provided  by  law,  nor  shall  he  grant  any 
special  privileges  under  this  section." 

*  *  *  *  *  *  * 

Section  3  of  the  act  entitled  "  An  act  to  provide  for  the  protection  of 
the  salmon  fisheries  of  Alaska,"  ai»proved  March  2, 1889,  provides  that: 

Skc.  .3.  That  section  19.")6  of  the  Hevisort  StiitiiteH  of  tlie  Tnitecl  States  is  hereby  de" 
( liiied  to  include  and  apply  to  all  the  donnninn  of  the  United  Statt^s  in  the  waters  of 
HehriiiK  Sea,  and  it  shall  he  the  duty  of  the  President  at  a  timely  season  in  each  year, 
to  issue  his  ]iroelaination,  and  cause  the  same  to  he  published  for  one  month  at  least  in 
one  ne\v«pa|)er  (if  any  such  there  be)  ])ublished  at  each  United  States  p<»rt  ofuntry 
on  the  Pacific-  coast,  warniufj;  all  persons  aj^aiust  enterinj;  such  waters  for  the  piir- 
]M>se  of  violatini;  the  jtrovisious  of  sai<l  section,  and  he  shall  also  cause  one  or  more 
vessels  of  the  United  Statics  to  dilijjently  cruise  said  waters  and  arrest  all  persons 
and  seiz»!  all  vesstds  found  to  be  or  to  have  been  engagedinany  violation  of  the  laws 
of  the  United  States  therein. 

Jf(iw  therefore  I,  Benjamin  Harrison,  President  of  the  United  States, 
pursuant  to  the  above  recited  statutes,  hereby  warn  all  persons  against 
entering  the  waters  of  Behring  Sea,  within  the  dominion  of  the  United 


5'        1^ 


DECI.SIONS  OF    UNITED    STATES   COURTS. 


113 


States,  for  the  purpose  of  violsitiiig  the  provisions  of  said  section  1950, 
lievised  Statutes;  and  1  hereby  proclaim,  tliat  all  persons  found  to  be, 
or  have  beiMi  engaged  in  any  violation  of  the  laws  of  the  United  States, 
in  said  waters,  will  be  arrested  and  punished  as  above  i>rovided,  and 
that  all  vessels  so  employed,  th*':r  tackle,  apparel,  furniture,  and  cargoes 
will  be  seized  and  forfeited. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  City  of  Washington,  this  twenty-first  day  of  M.irch,  one 
thousand  eight  hundred  and  eighty  nine,  and  of  the  Imlependence  of 
the  United  States  the  one  hundred  and  thirteenth. 

[SKAL.]  Benjamin  Uakkison. 

By  the  Presidmit, 

James  G.  Blaine, 

Secretary  of  State. 


\l 


M'  t| 


^11  II 

'II 


decisions  of  the  united  states  courts. 
United  States  vs.  Gutormson  and  Nokman. 


|!l|^ 


[Disiict  court,  Alaska.] 

(Miarge  to  the  Jury  delivered  in  1880  defining  the  rights  and  Jurisdi<'- 
tion  of  the  United  States  to  Bering  Sea,  and  explaining  the  law  in 
relation  to  the  destruction  of  fur-bearing  animals. 

Dawson,  J. 

Gentlemen  of  the  Jury:  You  are  called  upon  to  determine  or 
rather  to  find  the  fa<'ts  in  a  controversy  of  unusual  importance. 

The  information  i)referred  and  filed  by  the  district  attorney,  based 
u])on  the  affidavit  of  the  comnuinder  of  the  United  States  revenue-cut- 
ter Coniin,  charges  the  defendants  with  having  killed  a  certain  number 
of  seals  and  other  fur-bearing  animals,  and  api)ropriating  the  skins  of 
such  animals,  in  the  waters  of  Alaska,  contrary  to  the  provisions  of 
section  1950  of  the  Revised  Statutes.  It  is  the  duty  of  the  (;ourt  to  in- 
struct f  he  jury  as  to  the  law  applicable  to  the  facts  of  this  case  as  devel- 
oi)ed  by  the  eviden<'e,  and  it  is  your  duty  as  jurors  acting  under  the 
solemn  obligation  of  an  oath,  and  as  one  of  the  instrumentalities  desig- 
nated by  the  law  to  aid  in  its  enforcement,  to  obey,  and  in  your  delib- 
erations observe  the  instructions  given  you  by  tlie  court. 

For  the  purpose  of  aiding  y<m  in  your  deliberations,  I  will  define  to  you 
the  western  boundary  line  of  Alaska  as  designated  and  set  forth  in  the 
treaty  of  March  30, 18(»7,  between  the  Government  of  the  United  States, 
on  the  one  part,  and  by  His  Majesty  the  Emperor  of  all  the  Kussias, 
acting  through  his  envoy  extraordinary  and  minister  idenipotentiary  to 
the  United  States,  on  the  other.  Article  one  of  that  treaty  defines  the 
western  boundary  as  follows: 

"  The  Nvestern  limit  within  which  the  territories  and  dominion  con- 
veyed are  contained  passes  through  a  point  in  Berings  Stfaits  on  the 
parallel  of  sixty-five  degrees  thirty  minutes  north  latitude  at  its  inter- 
section by  the  meridian  which  passes  midway  between  the  islands  of 
Krusenstern  and  Ignalook,  and  proceeds  due  north  without  limitation 
into  the  same  frozcni  ocean. 

"  The  same  western  Hunt,  beginning  at  the  same  initial  point,  i)ro- 
15 


ll 


Billfft 


m^^^ 


Il 


114 


ACTKJN    OF   THE    UNITED    STATES. 


ceeds  thonee  in  a  course  nearly  southwest  through  Beritifja  Straits  and 
Berinjis  Sea  so  as  to  pass  midway  between  the  northwest  i)oint  of  tlie 
ishind  of  St.  Lawrence  and  the  southwest  point  of  Cape  ('hiiukotski  to 
the  meridian  of  <me  hundred  and  seventy-two  west  hjugitude;  thence, 
from  tlie  intersection  of  that  meridian,  in  a  soutli westerly  direction,  so 
as  to  pass  midway  between  the  island  of  Attn  and  the  Copper  Island 
of  the  K(mnavdoski  couplet  or  }>Toup  in  the  North  P.acific  Ocean,  to 
tlie  meridian  of  one  hundred  and  ninety-three  degrees  west  longitude, 
so  as  to  include  in  the  territ/  i-y  conveyed  the  whole  of  the  Aleutian 
Islands  cast  of  the  meridian." 

All  the  waters  within  the  boundary  set  forth  in  this  treaty  to  the 
western  en<l  of  the  Aleutian  Archipelago  and  chain  of  islands  are  to  be 
considered  as  comprised  within  the  waters  of  Alaskn,  and  all  the  penal- 
ties prescribed  by  law  against  the  killing  of  fur-bearing  animals  nuist 
therefore  attach  against  any  violation  of  law  within  the  limits  before 
described. 

If,  tiu'refore,  the  jury  believe  from  the  evidence  that  the  defendants 
by  themselves,  or  in  conjuiu'tion  with  others,  did,  on  or  about  tiie  time 
charged  in  the  infornmtion,  kill  any  ()tter,  mink,  marten,  sable,  or  tin- 
seal,  or  other  fur-bearing  animal  or  animals,  on  the  shores  of  Alaska  or 
in  JJering  Sea,  east  of  tlie  one  hundred  and  ninety-third  degree  of  west 
h)ngitude,  the  jury  should  find  the  defendants  guilty. 

You  are  further  instructed,  gentlemen,  as  a  matter  of  law,  that  an 
accessory  is  one  who  stands  by  and  aids,  abets,  or  assists,  or,  who  not 
being  present  aiding,  abetting,  or  assisting,  has  advised  or  encouraged 
others  to  perpetrate  the  act  charged  in  the  information,  such  a  person 
is  to  be  considered  a  principal;  and  if  you  believe  from  the  evidence 
that  the  defendants  were  associated  with  other  persons  who  were  en- 
gaged in  killing  any  of  the  animals  herein  mentioned,  and  that  they 
giive  aid  and  encouragement  to  such  personi  by  word,  sign,  or  gesticu- 
lation, while  they  Aveie  engaged  in  such  unlawful  enterprise,  then  tlie 
jury  should  And  them  guilty,  and  assess  their  punishment  as  hereinbe- 
fore set  forth. 

The  Jury  are  further  instructed,  as  a  matter  of  international  law,  that 
it  malccs  no  difference  tiiat  one  or  both  of  the  accused  parties  may  be 
subjects  of  Great  Hritain.  Russia  had  claimed  and  exercised  jurisdic- 
tion over  all  that  ])ortion  of  Bering  Sea  embraced  within  the  boundary 
lines  set  forth  in  the  treaty,  and  that  claim  had  been  tacitly  recognized 
and  acquiesced  in  by  the  other  maritime  powers  of  the  world  for  a  long 
series  of  years  prior  to  the  treaty  of  March  30,  1807. 

By  the  terms  of  that  treaty  tlie  United  States  acquired  all  the  rights 
of  occupancy,  jurisdiction,  und  control  of  the  waters  of  Bering  Sea  that 
had  been  exercised  and  enjoyed  by  Russia,  east  of  the  one  hundred  and 
ninety-third  degree,  west  longitude,  prior  to  the  exchange  and  ratifica- 
tion of  the  treaty  of  March  30,  1867,  and  acquired  absolute  control  and 
dominion  over  all  rivers  whicli  flow  through  the  Territory  of  Alaska, 
and  the  seacoast  adjoining  it  or  any  of  the  islands  embraced  within  the 
treaty  and  the  navigable  waters  include<l  in  all  bays  and  between  head- 
lands and  arms  of  the  sea  jtiining  the  Territory,  and  British  vessels 
ma:ined  by  British  subjects  had  no  right  to  navigate  the  waters  before 
described  for  the  purpose  of  killing  any  of  the  fur-bearing  animals 
her<'tofore  designated. 

The  jury  arc  further  instructed  that  on  the  3d  dtay  of  August,  1870, 
the  United  States,  thrcmgh  its  acting  Secretary  of  the  Treasury,  In 
pursuiincc  of  an  act  of  Congress  approved  July  1,  1870,  entitle<l  "An 
act  to  prevent  the  extermination  of  fur  bearing  animals  in  Alaska," 


Decisions  of  united  states  couhts. 


115 


(Biitefed  into  a  contnict  of  lease,  and  by  said  coutracrt  <lid  lease  to  the 
Alaska  Commercial  Company,  a  corporation  duly  establislied  and  in- 
corporated under  tlie  laws  of  tlie  State  of  California  for  the  term  of 
twenty  years  from  the  first  «lay  of  May,  1<S7(),  the  rij-ht  to  enj^a^^e  in 
the  business  of  takin}>'  fur  seals  on  the  islands  of  St.  George  and  St. 
Paul  within  the  Territory  of  Alaska,  and  that  public  law  implies  an 
oblifiati**!!  upon  the  United  States  to  protect  its  lessees  in  the  iegiti- 
niate  use  of  the  franchise  conferred  in  said  lease,  and  the  capture  of 
the  defeiulants  with  the  vessels  under  their  charge  and  control  in  the 
waters  and  within  the  boundary  lines  set  forth  in  this  charge  was  law- 
ful, and  that  it  was  lawful  for  the  Secretaiy  of  the  Treasury  t<»  dire(*t 
and  order  the  seizure  of  such  vessels,  their  masters,  mates,  an<l  ci-ews, 
when  found  violating  the  law  within  the  waters  of  Alaska. 

The  admission  of  the  defendants  that  they  were  killing  fur-bearing 
animals  in  that  portion  of  Bering  Sea  which  is  within  the  boundary 
line  s«4  forth  in  the  treaty,  as  shown  by  the  evidence,  are  to  be  taken 
against  them,  and  although  such  admissions  are  to  be  taken  together 
as  a  whcde,  the  jury  are  not  bound  to  regard  all  parts  of  them  with  equal 
coiiHdeiu-e;  the  fact  that  the  admissions  are  against  their  interests  or 
in  their  favor,  their  improbability,  inconsistency,  contradictions,  and 
coiroboration  by  other  facts  in  i)roof  are  circumstances  proper  to  be 
c'onsidered  by  the  jury  in  determining  the  weight  to  be  given  to  sucli 
admissions.  And  if  the  jury  believe  from  the  evidence  that  the  (b'fend- 
ants  or  either  of  them  were  in  charge  of  tlie  schooner  Thornton  and  had 
in  tlieir  employ  men  furnished  with  small  boats  aiul  tirearms  or  other 
instruments  or  implements  for  the  purpose  of  killing  any  of  the  tur- 
bcaring  animals  mentioned  in  the  information,  and  that  they  admitted 
they  were  engaged  in  that  business,  or  when  being  accused  they  re- 
mained silent,  or  if  dead  seals  were  found  in  their  possession  which  had 
recently  been  killed,  the  jury  will  be  warranted  in  presuming  that  they 
were  killed  under  the  direction  and  at  the  conunaiul  of  the  defendants. 


District  Court  of  Alaska. 

Opinion  of  Judge  Dawson,  Alaskan  Reports,  Vol.  i,  pp.  53  to  61,  in  the 
case  of  "The  British  Schooner."  Filed  in  tlie  district  court  oi 
Alaska,  October  11,  1887,  in  the  cases  of  the  Dolphin,  Anna  Beck, 
Grace  &m\  Adu. 


II 


"■•Ifv 


He; 
^1 


I   ' 


-I 


Dawson,  J. 

The  libel  of  information  in  the  case  of  the  schooner  Dolphhi  is  similar 
to  the  informations  tiled  against  the  other  schooners  named,  and  alleges 
that  on  the  12th  day  of  July,  1887,  the  comnian<ling  oflicer  of  the  United 
States  revenue  cutter  Rmh  seized  the  schooner  Dolphhi  in  that  por- 
tion of  Bering  Sea  which  was  ceded  to  the  United  States  by  Russia  in 
the  treaty  of  March,  1867.  That  said  s«'hooner  was  violating  sectiim 
1950  of  the  Revised  Statutes  in  relation  to  the  i)rote('tion  of  seal  life  in 
the  waters  of  Alaska.  To  the  libel  of  information  the  (Jueen's  coun- 
sel of  British  Columbia  filed  a  demurrer,  alleging  that  the  district 
cimrt  of  Alaska  had  no  jurisdiction  over  the  subject-matter  of  the 
action,  fyr  the  reason  that  the  s{;hooner  was  more  than  1  marine  league 
from  the  shore  when  seized,  and  that  the  ai-t  of  Congress  of  July  27, 
1808,  is  unconstitutional,  in  that  it  restricts  free  navigation  of  the  lieiing 
Sea  for  sealing  purposes.     A  stipulation,  signed  by  the  Queen's  c<uin 


116 


ACTION    OF    THE    ITNITEI)    STATES. 


Ki^ 


IU7v 


^1 


sel,  Mr.  >r.  W.  l".  Drake,  upon  the  part  of  tlie  IJritish  owners,  and  Mr. 
A.  K.  Uelaney  upon  the  part  of  the  United  States,  was  filed,  in  wliich 
it  was  agreed  and  coneeded  that  the  inas.ers  of  the  vessels  named  were 
takiii{;  fur  seals  in  that  portion  of  Bering  Sea  whi<h  is  claimed  by  the 
United  States  under  the  treaty  with  Russia  of  March,  1<S({7. 

The  issue  as  presented  involves  an  examination  of  a  most  pertinent 
and  critical  question  of  international  law.  It  will  be  necessary  to  as- 
certain, first,  the  right  of  the  Imperial  Government  of  Hussia  to  the 
Bering  Sea  anterior  to  the  treaty  of  Mart;h,  18(»7,  and  for  information 
upiHi  this  subie(!t  1  am  largely  indebted  to  Mr.  N.  L.  .leffries  for  a  eol- 
h'ction  and  citation  of  authorities  and  historical  events,  uTid  for  the 
want  of  books  at  my  comnnmd  upon  this  ((uestion,  I  am  compelled  to 
rely  f(»r  historical  facts  upon  his  carefully  prepared  brief.  From  this 
elaborate  brief  I  glean  the  following  facts: 

The  S«'a  of  Kamstjrhatka,  oi-  Bering  Sea,  is  a  large  estiuiry  of  the 
North  Facitti"  Ocean  or  bay,  and  from  the  date  of  its  discovei-y  until 
the  cession  of  Alaska  to  the  United  States  was  bordered  on  ..II  sides  by 
the  territory  of  Russia,  except  the  straits  at  the  north  leading  to  the 
Frozen  Ocean,  and  ^.he  (mtlet  in  the  southwest  into  the  North  I*aciH(\ 

In  the  early  part  of  the  eighteenth  century  I'eter  the  Great,  of  Rus- 
sia, directed  the  fitting  out  of  an  exidoiing  expedition  to  tleternnne 
whether  the  continent  of  Asia  and  America  Joined,  or  were  8ei>arated 
by  the  sea;  also  to  <li8(.'over  if  there  were  not  an  American  Kussia,  as 
there  was  already  an  Asiatic  and  European  llussia. 

The  expediti(ui  was  commanded  by  Captain  Bering,  who  set  out  from 
St.  I'etersburg,  accompanied  by  officers,  seamen,  and  shipbuilders,  on 
the  5th  of  February,  1725,  and  after  a  i)erilous  journey  through  North- 
ern Siberia  he  reached  Kamtchatka,  whence  he  sailed  on  the  2()th  of 
July,  1728,  in  a  vessel  named  the  Gabriel,  which  had  been  built  at 
Kamtchatka  in  accordance  with  instructiims  drawn  up  by  the  Kmperor. 

The  first  laud  discovered  was  the  islaiul  of  St.  Lawrence,  which  he 
name<l  in  honor  of  the  saint  on  whose  day  it  was  discovered.  lie  con- 
tinued northward  until  he  reached  what  he  suppose«l  was  the  northeast- 
ern extremity  of  Asia,  and  was  satisfied  that  the  two  continents  were 
separated  by  the  sea.  Returning  to  St.  Petersburg  after  passing  through 
the  sea  ami  straits  which  bear  his  name,  with  the  fixed  oi)ini<Hi  that 
there  was  a  large  body  of  land  to  the  eastward,  he  aroused  the  sjurit  ot 
discovery  and  induced  his  Government  to  continue  the  exploraticms. 
He  was  created  an  iidmiral  and  placed  in  command  of  a  new  expe<lition ; 
the  Senate,  the  Admiralty,  and  the  Academy  of  Science  all  united  in 
aiding  and  enc<mraging  the  enterprise.  Tliis  expedition,  like  the  for- 
mer, made  the  long  and  di'eary  Journey  a<!ross  northern  Asia  and  the 
Sea  of  Okhotsk  to  Kamtchatka. 

On  the  4:th  of  June,  1741,  two  well-appointed  ships,  the  St.  Paul  and 
St.  Peter,  saile<l  in  quest  of  new  discoveries.  On  tlie  LSth  of  July  Be- 
ring first  saw  the  c<»ntinent  of  America,  in  latitude  50°  28'.  (See  Mul- 
ler's  Voyages  from  Asia  to  America;  Steller's  Diary,  p.  V.H).) 

According  to  his  instructitms,  after  reaching  the  American  coast  he 
was  to  steer  southward  to  the  forty  fifth  j) nallel,  and  then  return  to  the 
north,  crossing  back  to  Asia  at  Bering  Strait.  (Bancr<>ft's  History  of 
Alaska,  p.  5i.) 

During  this  expedition  Bering  saile<l  as  far  south  as  forty  live  degrees 
north  latitude,  and  after  making  many  discoveries  his  ship  was  finally 
wrecked  near  the  island  which  bears  his  name,  and  on  which  he  died 
on  the  8th  of  December,  1741. 

The  enterprising  spirit  of  Russian  merchants  and  traders  even  in 


IJECIKIONS    OP    (TNl'IED    STATKH    COURTS. 


117 


8il)oriii  was  awal\«MUHl  by  tlio  aci'oiiiits  givon  of  the  iinlnstrios  that 
iiiigbt  be  created  and  tbe  innumerable  t'nr-bcaring  animals  wliicli  in- 
habited the  waters  and  islands  in  and  adjacent  t<t  what  is  now  known 
as  llerin}''  Sea.  Owinj;'  to  a  eontliirt  of  interests,  <lisord«'r,  and  a  wanton 
destruetion  of  seal  life  in  the  waters  an<l  on  the  islands  of  the  new  dis- 
(toveries,  an  imi)erial  nkase  was  issued  bearinj;  date  »»f  December  -'7, 
17!)J>,  by  which  the  right  of  fishing,  hunting  and  trading  was  eonlerrcil 
upon  what  was  designated  tlie  "JJussian  American  (Company."  In  the 
ukase  of  that  date  IJussia  asserted  a  distinct  claim,  by  right  of  discov- 
ery, to  the  western  part  of  Anieri<'a,  bi'ginning  from  the  (ifty  tilth  de- 
gree of  north  latitude,  and  of  the  chain  of  islands  extending  from 
Kaint<;hatkato  the  north  to  America  and  southward  to  Japan.  Author- 
ity was  also  given  to  the  company  to  have  exclusive  use  of  all  hunting 
grounds  aiul  establishments  then  existing  on  the  northeastern  (west- 
ern) coast  of  America,  from  the  (ifty-lilth  degree  of  ninth  latitude  to 
IJering  Straits,  and  also  on  the  Aleutian,  Kurile,  and  other  islaiuls  sit- 
uate<l  on  the  northeastern  ocean,  and  to  make  n«'w  discoveri«'s  not  cudy 
north  of  the  fifty-fifth  degrt'e  of  north  latitude,  but  farthei-  totlu'  south, 
and  to  oc<!upy  the  new  lands  discovered  as  Ifnssian  possessions.  It 
will  be  observed  from  the  foregoing  that  Knssia  <;hiimed  the  exclusive 
right  and  dominion  of  t!!e  Sea  of  Kanitcthatka,  now  known  as  IJering 
Sea,  by  right  of  discovery,  and  for  the  further  reason  that  the  sea  was 
bcmnded  by  Russia's  Asiatic  coast  on  the  west,  to  IJering  Straits  on  the 
north,  and  on  tl«e  American  continent  as  far  east  as  IJritisli  possessions, 
and  s<mth  to  r>4°  40'  north  latitude,  and  was  essentially  landlocked  by 
Russian  territory. 

Now,  in  relaticm  to  this  question  of  title  acipiired  by  discovery,  our 
own  court  of  last  resort  has  held,  in  the  case  of  Johnson  r.  M<'lntosh 
(8  Whe.at.,  572),  Marsliall,  0.  J.,  delivering  the  opinion,  that,  "  On  the 
discovery  of  this  immense  continent  the  great  nations  of  Kuroi)e  were 
eager  to  appropriate  to  themselves  so  much  of  it  as  they  (-ouhl  ac- 
quire. *  *  •  But  as  they  were  all  in  pursuit  of  nearly  the  sanu' ob- 
ject, it  was  necessary,  in  order  to  avoid  conflicting  settlements  and 
subsequent  war  with  each  other,  to  establish  a  princiide  which  all 
should  acknowledge  as  the  law  by  which  th<'  right  of  ac(iuisition  which 
they  all  asserted,  should  be  regulated  as  between  themselves.  This 
principle  was,  that  the  discovery  gave  title  to  the  (lovernment  l)y 
whose  subjects,  or  by  whose  autliority  it  was  made,  against  all  other 
European  governments,  which  title  might  be  consummated  by  posses- 
sion. The  exclusion  of  all  other  Europeans  necessarily  gave  to  the 
nation  making  the  discovery  the  sole  right  of  accjuiring  the  soil  from 
the  natives,  and  establishing  settlements  upon  it.  It  was  a  right  with 
which  no  Europeaii  could  interfere.  It  was  a  right  which  all  asserted 
for  themselves,  and  to  the  assertion  of  which  by  others  all  assented." 
*    *    *     (See  Wharton's  Digest  International  Law,  Vol.  I,  §  2.) 

Chancellor  Kent  says:  "All  that  can  be  reasoind)ly  asserted  is,  that 
the  dominion  of  the  sovereign  of  the  shore  over  the  «!ontiguous  sea 
extends  as  far  as  is  requisite  for  his  safety  and  for  some  lawful  end." 
(First  Kent's  Commentaries,  ]».  28.) 

Vattel  says:  "A  nation  may  appropriate  to  herself  those  things  of 
which  the  free  and  common  use  wouhl  be  prejudicial  or  <langerous  to  her. 
This  is  a  second  reason  for  which  governments  extend  their  dominion 
over  the  sea  along  their  coasts,  as  far  as  they  are  able  to  protect  their 
rights."    (See  Vattel's  Law  ((fixations,  127.) 

Supplementing  the  principle  enunciated  by  Chief  Justice  Marshall 
supra  with  the  rule  as  stated  by  Kent  aud  Vattel,  can  there  longer 


5  :|;j 

1 
1.  • 


I'll  J 


;1 


118 


ACTION   OF   THE   UNITED   STATES. 


111 

ili 

III' 


exist  a  doubt  as  to  liiissiirs  title  to  the  Hering  Sea  and  tlie  extended 
group  of  the  AhMitian  Islands? 

The  (Queen's  eouiisel  lays  nmch  stress  in  his  argument  upon  the  fact 
that  both  the  United  States  and  (Ireat  Britain  treated  with  Russia  (the 
IJniti'd  States  in  1.SL!4,  and  (ireat  Itritain  in  IHU'))  in  relation  to  the  tree 
use  of  the.  waters  of  the  IJering  Sea,  and  it  is  claimed  tlnit  by  these 
treaties  tlie  sea  was  thrown  open  as  tlie  common  j)roperty  of  mankind. 
Jiut  an  examination  of  these  treaties  and  the  objects  in  view  by  the 
three  great  p<»wers  fails  to  warrant  tlie  conclusion  reac'hed  in  the  argu- 
ment. The  princi])al  parts  of  the  treaty  between  the  United  States  and 
Russia,  the  tieaty  between  (li'cat  JSritaiu  and  Russia  beingsimihir,  are 
thus  s«'t  forth  by  Professor  Wharton.  (See  First  International  Law 
I)ig«'st,  §  32) : 

AttTK'LK  1.  It  is  agreed  that,  in  any  part  of  the  great  ocean,  com- 
monly called  the  Pacific  Ocean  or  South  Sea,  the  respective  citizens  or 
subjects  of  the  high  contracting  i)ow»'rs  shall  be  neither  disturbed  nor 
restrained,  either  in  navigation  ov  in  fishing,  or  in  the  power  of  resorting 
to  the  coasts,  upon  points  which  may  not  always  have  been  occupied, 
for  the  purpose  of  trading  with  the  natives,  saving  always  the  restric- 
tions and  conditions  determined  by  the  following  articles. 

Art.  li.  With  a  view  of  preventing  the  rights  of  navigation  and  of 
fishing  exercised  ui)on  the  great  ocean  by  the  citizens  and  subjects  of 
thehigh  contracting  p(»wersfr(nnbec<aning  the  pretextfor  an  illicit  trade, 
it  is  agreetl  that  the  citizens  of  the  United  States  shall  not  resort  to 
any  point  where  there  is  a  Russian  establishment,  without  the  permis- 
sion of  the  governor  or  commander;  and  that,  reciprocally,  the  subjects 
of  Russia  shall  not  resort,  without  permission,  to  any  establishment  of 
the  United  States  upon  the  northwest  coast. 

AUT  3.  It  is  moreover  agreed  that,  hereafter,  there  shall  not  be 
formed  by  the  citizens  of  the  United  States,  or  under  the  authority  of 
the  said  States,  any  establislnnent  upon  the  northwest  coast  of  America, 
nor  in  any  of  the  islands  adjacent,  to  the  north  of  fifty-four  «legrees  and 
forty  minutes  of  north  latitude;  and  that,  in  the  same  manner,  there 
shall  be  none  founded  by  Russian  subjects,  or  under  the  authority  of 
Russui,  south  of  the  same  parallel. 

Art,  4.  It  is,  nevertheless,  understood  that  during  a  term  of  ten 
years,  <;ounting  from  the  signaiureof  the  present  conventi(m,  the  ships 
of  both  powers,  or  which  belong  to  their  citizens  or  subjects  respec- 
tively, may  reciprocally  frecpient,  without  any  hindrance  whatever,  the 
interior  seas,  gulfs,  harbors,  and  creeks  upon  the  coast  mentioned  in 
the  preceding  article,  for  the  purpose  of  fishing  and  trading  with  the 
natives  of  the  <'Ountiy. 

Art.  5.  All  spirituous  liquors,  tire-arms,  other  arms,  powder,  and 
munitiiuis  of  war  of  every  kind,  are  always  excepted  from  this  same 
commer<-e  permitted  by  the  preceding  article,  and  the  two  powers  en- 
gage, reciprocally,  neither  to  sell  n(H'  sutler  them  to  be  sold,  to  the 
natives  by  then*  resjiective  citizens  and  subjects,  nor  by  any  person 
who  may  be  under  their  authority.  It  is  likewise  stipulated  that  this 
restriction  shall  never  afford  a  pretext,  nor  be  advanced  in  any  c^ase,  to 
authorize  either  search  or  detention  of  the  vessels,  seizure  ot  the  mer- 
chandise, or,  in  fine,  any  measures  of  constraint,  towsirds  the  mei'chants 
or  the  crews  who  may  carry  im  this  commerce;  the  high  contracting 
powers  reciprocally  reserving  to  themselves  to  determine  upon  the 
penalties  to  be  incurred,  and  to  inflict  the  punishments  in  case  of  the 
contravention  of  this  arti<'le  by  their  respective  citizens  or  subje<*ts. 

Nations,  like   individuals,  have  the  right  of  contracts,  and  their 


DECISIONS    OF    ITNITEH    STATES    CorUTS. 


119 


¥  ll 


tioaties  are  siibjoct  to  the  same  luh's  of  iiitnprotatioii  and  of  morality 
whitrli  j,'oveni  in  ninnirip.'.I  law.     (Fiist  llonviiT  fiaw  Dictionary,  741.) 

"Kstoppel"  in  law  is  a  term,  tlie  otymolojiy  of  wliicii  implies  the 
jn'eelusion  of  a  person  from  assertin;^' a  fact  b.\  pi'evious  eon<lu<'t,  incon- 
sistent tlierewitli,  on  his  own  part  oi'  on  the  part  of  those  nndt'r  whom 
he  claims.  It  is  in  law  a  prohibition  which  denies  a  man  tliu  ri^lit  of 
alleji;'inii>' or  denying' a  fact  in  winch  he  has  with  a  fall  knowlcd};'e  lon^ 
acqiiies<'ed  (Stei>hens'  Plead.,  L'.'{!>;  see  Vattel  on  the  Law  of  Nations, 
§  L'S«»  and  §  294).  Applying  this  rnle  the  con«'lusion  can  not  bet'scajied 
that  in  consecpienco  of  the  ac(|niesccnce  of<!reat  Uritain  in  the  claim, 
jnrisdiction,  and  dtnninion  of  linssia  to  what  is  now  known  as  JSering 
Sea  since  tlie  expiration  of  the  treaty  of  Knssia  and  (Ireat  Britain  in 
lS2r>,  which  was  to  «'xist  ten  yeais,  (Jieat  Britain  and  her  Dominion 
(Jovernment,  of  which  British  Colnnibia  is  a  i)art,  are  estop])ed  from 
any  claim  of  right  or  privilege  of  taking  fnr-bearing  animals  in  B<*ring 
Sea  east  of  the  line  mentioned  as  our  western  bonndary  in  the  treaty, 
and  which  is  recognized  as  the  line  dividing  the  continents  of  Asia  and 
North  Americji. 

The  western  bonndary  line  of  the  United  States  as  agreed  upon  by 
the  United  States  and  Kiissia  in  the  treaty  of  March,  1807,  is  as  fol- 
l<)ws: 

The  western  limit  within  whi»'h  theterrit(n'iesand  «lominion  conveyed 
are  c<mtained  passes  through  a  jxant  in  Bei-ing's  Straits  on  theparallel 
of  sixty-tive  degrees  thirty  minnt«'S  nca-th  latitude,  at  its  intersection 
by  the  meridian  which  passes  midway  between  tlie  islands  of  Krusen- 
stern,  or  Ignalook,  and  the  island  of  Hatnuinolt",  or  Xoon  xrbook,  and  i)ro- 
ceeds  due  north  without  limitation  into  the  same  Frozen  Ocean.  The 
sanje  western  limit,  beginning  at  the  same  initial  point,  proceeds  thence 
in  a  course  nearly  southwest  through  Bering's  Straits  and  Bering's 
Sea,  so  as  to  pass  midway  between  the  northwest  ])oint  of  the  isljind 
of  St.  Lawrence  and  the  southeast  point  of  Cape  (Jhoukotski,  to  the 
meridian  of  one  hundred  and  seventy-two  west  longitu<le;  tlietice  from 
the  intersection  of  that  meridian,  in  a  southwesterly  direction,  so  as  to 
pass  midway  between  the  island  of  Attou  and  the  Coi)per  Island  of  the 
Kormandorski  couplet  or  group  in  the  North  Pacilic  Ocean,  to  the 
meridian  <>f  one  hundred  and  ninety-three  degrees  west  longitude,  so  as 
to  include  in  the  territory  conveyed  the  whole  of  the  Aleutian  Islands 
east  of  that  meridian.    (See  Public  Treaties,  j).  672.) 

The  ccmrts  have  the  same  right  and  power  when  called  upon  to  inter- 
pret a  public  treaty  to  derive  aid  from  contemporaneous  interpretation, 
and  by  ascertaining  the  intention  of  those  whose  duty  it  is,  under  the 
Constitution,  to  make  treaties  as  they  have  in  the  interpretation  of  any 
other  law.  What  then  was  the  object  in  jmrchasing  Alaska?  Mani- 
festly to  extend  our  northwest  boundary  line  so  as  to  include  the  whole 
group  of  the  Aleutian  Islands. 

Senator  Sumner,  who  was  chairman  of  the  (Jommittee  on  Foreign  Af- 
fairs in  the  Senate  of  the  United  States  at  the  time  of  the  Alaska  pur- 
chase, and  after  the  boundary  line  had  been  agreed  upon,  defined  it  as 
follows: 

"Starting  from  the  Frozen  Ocean  the  western  botindary  descends 
Bering  Straits  midway  between  the  two  islands  of  Krusenstern  and 
Katmanoff,  to  the  parallel  of  iiit^  .'iO',  Just  below  where  the  (!ontinents 
of  America  and  Asia  approach  each  other  the  nean'st;  and  from  this 
point  it  proceeds  in  a  course  nearly  southwest  through  Bering  Straits, 
midway  between  the  ishunl  of  St.  Lawrence  and  Cape  Choukotski,  to 
the  meridian  of  X72°  west  longitude,  and  thence  in  a  southwesterly 


III 


,  I 


w 


120 


ACTION    OF    Till',    I'MTKh    STATKS. 


I'-v^v 


!t''% 


dircftioii.  travci'siiij'' I'.crinji'  Sea  midway  lH'tw«'«'ii  tlir  ishind  of  Att«ni 
on  the  cast  and  ('oppcr  Island  on  the  \v(>st,  to  the  meridian  of  lt)>'P 
west  lonjfitndo,  lea\  in<>'  tiie  pi'olon^'«>d  };ron|>ot'  the  Alentian  Islanils  in 
the  itossessions  now  tiansfened  to  th»'  I'nited  States,  and  makin;;  the 
irfntfiii  hninithirii  of  ntir  roiiiitri/  tlir  iliriiliiifi  line  whieh  sepaiates  Asia 
IVom  Ann'riea.  In  the  AltMitian  ran^e,  besides  innnnutrsible  islets  and 
rociis,  tlieie  are  not  h'ss  than  lift.v-llve  islands  exeeedinj;  .'i  miles  in 
length;  there  are  seven  i'xeeedin};'  K>  mih's,  with  OnnimaU,  whieh  is 
the  laiji'est,  exeeedin;-'  7.'»  miles.  ///  our  pttrt  of  lUrhi;/ Sett  there  are 
tive  eonsideraWIe  islands,  the  huj^est  of  whi(!h  is  St.  Lji\vrem*e,  In^in;; 
more  than  !K>  miles  lonj;."  (See  l-^x.  Doe.  No.  177,  Fortieth  ('onjjress, 
seeond  session,  p.  llio.)  Indieatinj^'  nuist  elejirly  what  was  the  nnder- 
standinj,'  in  the  United  States  Senate  at  the  tinie  as  to  onr  western 
bonndary. 

Snbdivisiim  11  of  section  2  of  the  Constitution  in  deliidn};  the  powiM'« 
of  the  President,  says:  ••  lie  shall  have  power,  by  and  with  thea«lviee 
and  eonsent  of  the  Senate,  to  make  treaties,  provided  two-thirdsof  the 
Senators  i)resent  conenr."     *    #     # 

.ludfje  Story,  in  eonsideriii};'  this  j-lause  of  the  Constitution,  vsays:  "It 
will  be  observed  from  this  that  the  power  to  make  treaties  is  by  the 
Constilutnm  general,  and,  of  course,  it  embraces  all  sorts  of  treaties  for 
jieace  or  war,  Ibr  comnn'uee  or  territory."  *  *  #  ^S(^.(i,  story  on  the 
C(»nstitution,  ^ir>(KS,  and  authorities  there  cited.) 

It  is  aryued  that  this  (|uestion  belonj;s  to  the  political  department  of 
the  (lovernment  and  (hat  it  shotd»l  be  there  adjusted, but  this  position 
is,  1  think,  wholly  untenable,  at  h'ast  at  this  staye  of  the  controversy. 

The  s«H'ond  clause  of  the  sixth  article  of  the  Constitution  declares 
that:  "This  Constitution  and  the  laws  of  the  Cniti'd  States,  which 
shall  be  made  in  i)ursinine(i  tlu'n'of,  and  all  treaties  made,  or  which 
shall  be  made,  under  the  authority  of  the  United  States,  shall  be  the 
suju'eme  law  of  the  land.  And  tin-  Jinlji'es  in  every  State  shall  be  lM>und 
thereV)y,  anytliinj«'  in  the  constitution  or  laws  of  any  State  to  the  eon 
travy  notwithstaudinj;." 

fludfi'e  Story,  in  commentinj;'  on  this  section,  forcibly  says:  "  The  jn'o- 
priety  of  this  clause  would  seem  to  result  from  the  very  nature  of  the 
Constitution.  If  it  was  to  establish  a  national  government,  that  {^ov 
ernment  ought,  to  the  ext«'iit  of  its  powers  and  rijuhts,  to  Ik;  suju'enic. 
It  would  be  a  solei-ism  to  atlirm  that  a  national  jjovernnu'iit  should  ex- 
ist with  certain  powers,  and  yet  that  in  the  exercise  of  those  powers  it 
should  not  be  suprenu». 

"In  reg'ard  to  treaties,  there  iseipial  reason  why  they  should  be  held 
■when  made  to  be  the  suprenu'  law  of  the  land.  It  is  to  be  consi<lered 
that  treaties  constitute  S(demn  r.dupacts  of  bindiufj  oblij^ation  among 
nations;  and  uidess  they  ai-e  scriipaiDUsly  obeyed  and  enforce«l,  no  for- 
eign nation  woidd  consent  to  n(';!:oti!ite  with  us;  or,  if  it  did,  any  want 
of  strict  tidelity  on  our  part  in  tlm  <lischarge  of  the  treaty  stipulations 
would  be  visited  by  reprisals  of  war.  It  is,  therefore,  indispensable, 
that  they  should  have  the  obligation  and  force  of  a  law,,  th.at  they  may 
be  executed  by  the  Jinlicial  power  and  be  obeyed  like  other  laws." 
(Sei^  Story  on  the  ('onstitution,  sec.  1S;{8.) 

C(nigress  recognized  the  right  of  the  United  States  to  the  whole  of 
the  new  accpiisition  by  ai)propriating  .$ 7,2()0,0()()  to  pay  for  the  new 
territoiy,  and  on  the  27th  day  of  .July,  l.S(»8,  extended  the  laws  of  the 
United  States  relating  to  (uistoms,  <'omnu'rce.,  and  navigation  over  all 
the  mainlaiul,  islands,  and  wat*'rs  of  the  territory  ceded  to  the  United 
States  by  the  Emperor  of  Uus.sla.     (See  Revised  Statutes,  sec.  1954.) 


DKOIKIONH   OV    UNITKh    STATKS   tOl'KTS. 


121 


Slidwiii};  uniiiistiikiiMy  tin-  iimh'iKtiiiuliii;:  of  tln'  (iovcniniciit  iit  tlu^ 
time  iis  to  what  lia«l  Ixm'ii  ar(|iiir<Ml,  and  tliat  <»ui'  bouiidui-y  line  was  lo- 
cated at  tli«'  itiic  liiiiidnMl  and  ninety  Third  dc^i'cti  of  west  lonf^itude. 
The  N»n;iiliid<'  of  a  \Ai\vv  is  tlie  arc  of  tlie  equator  intercepted  between 
the  mei'iilian  |>assin;i;  th>*)Hij;;h  that  phiueand  some  assumed  nu'iidian  to 
wliich  all  others  arc  rctcrred.  Ditlerenr  nations  have  adopted  ditl'erent 
nieri«lians.  The  Knj;lish  reckon  frcun  tlie  Koyal  Ohst-rvatory  at  (Jrecu- 
wich;  llic  I'veiKli  from  the  Imperial  Observatory  at  Paris,  and  the 
(iernmns  fruiu  the  observatory  at  Berlin,  or  from  the  island  of  Kerro. 
In  the  I'liitcd  States  we  s«unetinu;s  recktui  huigitude  from  Washinj^ton 
and  sonu'times  from  (lieenwich.  (8ei>  lioomis'  Klements  of  Astronomy.) 
Kilt  in  establishing;  the  western  boundary  line  of  Alaska  the  reckoning 
of  longitude  was  from  (Ireenwicii,  which  reaelu's  the  line  dividing  the 
continents  of  Asia  and  North  America.  (See  article  1  of  the  Treaty  of 
March,  l.StiT.) 

The  purchase  of  Alaska  was  unquestionably  made  with  a  view  to  the 
revenues  to  be  <lerived  from  the  taking  of  fur-seal  in  the  waters  of 
IJeriiig  Sea,  and  esju'cially  on  the  islands  of  St.  Paul  and  St.  (Jeorge, 
both  of  which  were  by  act  of  Congress  of  March  3,  I.S(»1),  made '<  a 
special  reservation  for  (lovernmeiit  puri)oses."  (See  lAtli  Statute,  L'48.) 
Secretary  S«'ward  was  a  skilled  dipl(unat,  a  leariie<l  man  in  statecraft, 
and  !ie  evidently  foresaw  the  income  to  be  derive<l  by  the  (Joverninent 
fiMin  the  seal  industry  on  and  adjacent  to  tiiose  islands.  Ib'iice  in  the 
negotiation  he  insisted  upon  and  Russia  conceded  that  our  Ixuindary 
line  should  bi^  extended  to  the  meridian  named  in  the  treaty.  The  in- 
dustry and  consequent  revenues  would  be  hoi)ele«s  without  the  lesidii- 
aiy  power  of  the  JJiiited  States  to  protect  and  regulate  the  taking  of 
furl)earing  animals  in  that  part  of  our  ibmiain.  The  effort  of  tlu'  I'liitt'd 
States  to  seize  and  drive  out  the  illicit  piratical  craft  that  have  Ix'cn 
navigating  those  waters  for  years,  indiscriminately  slaughtering  fur- 
bearing  animals,  the  continnatiim  of  which  can  but  result  in  the  wanton 
destruction  of  the  rookeries,  the  most  valuable  in  the  w<uld,  is  a  legiti- 
mate exeri'ise  of  the  powers  of  sovereignty  under  the  law  of  nations, 
with  which  no  nation  can  lawfully  interfere.  The  qm'Stion  of  the  ccui- 
stitutioiiality  of  the  act  of  Congress  of  July  -'7,  IStJH  (Revise<l  Stat- 
utes, p.  34;{),  scarcely  (h'serves  notice,  since  it  has  been  sustained  by 
this  court.  (See  Tnited  States  r.'Nelson,  2!Uh  Federal  Reporter,  p. 
202.  See  same  case  aftirmed  by  the  United  States  «'ircuit  court  for 
Oregon,  VW>ekly  Federal  Reporter  of  April  lU,  p.  112.  See  also  The 
Louisa  Sim])S(Mi,  2  Sawyer.) 

The  conclusion  1  have  reached  is  that  the  demurrer  must  be  overruled, 
and  it  is  so  ordered;  and  that  Judgment  of  forfeiture  to  the  United 
States  be  entered  agiiinst  each  of  the  vessels  separately,  together  with 
their  tackle,  apparel,  furniture,  and  cargoes,  saving  to  the  masters  and 
mates  their  private  jn-operty,  such  as  nautical  instruments  and  the  like, 
and  that  a  stay  of  proceedings  for  ninety  days  be  granted  as  per  stijm- 
latiou  tiled. 


It     *: 


■.-..^ 


United  States  vs.  Schooner  James  G.  Swan,  etc. 

[Uuitcd  States  IJistriet  Court,  District  of  Wasliingtoii,  Nortlieru  Division.] 
OPINION  FILEU  MARCH  26,  1892. 
HANFORD,   J. 

Fur-seals  in  great  numbers  habitually  make  annmil  visits  to  the  Pri- 
bilof  Islamls,  in  Bering  Sea,  attbrding  to  the  native  inhabitants  their 
Iti 


122 


ACTION   OF   THE    UNITKD    STATES. 


hi, 


means  of  living.  Tlie  Hesli  of  the  siniiniils  being  their  principal  article 
of  f;>()(l,  and  seal  skins  being  the  only  coniniodity  of  eoniinercial  valne 
obtainable  by  their  industry.  I'revions  t(>  the  acquisition  of  Alaska 
by  our  Government  the  i>resei'vatiou  of  these  animals  from  indiscrimi- 
nate slaughter  and  extermination  was  by  the  Russian  (Jovernment 
dt'cmed  necessary  for  the  subsistence  of  said  inhabitants  and  accord- 
ingly authority  over  all  of  IJering  Sea  for  tlie  protection  of  fur-seals 
therein  from  (lestruction  by  persons  other  than  said  inhabitants  was 
assnm«'d.  Tlie  Emperor  of  Russia  also  asserted  autiun-ity  over  Bering 
Sea  by  assuming  to  transfer  to  the  United  States  certain  territory  an<l 
dominion  with  deflr.ite  boundaries  including  a  large  part  thereof;  and 
the  United  States  bytlu'  ratitication  of  the  treaty  ami  consummation  of 
the  purchase  of  said  territ<ny  accpiired  a  claim  of  right  to  exercise  the 
authority  and  sovereignty  over  that  portion  of  the  sea  which  had  been 
theretofore  exercised  by  Russia.  Our  Government  asserted  its  authority 
to  restrict  tlie  killing  of  seals  in  all  the  waters  included  within  the 
boundaries  <lescribe<l  in  the  treaty  very  promptly  after  the  fornml 
ti'tmsfer  of  the  teiTit<uy.  At  the  first  session  of  Congress  thereafter  a 
statute  was  passed,  entitled,  *'An  act  to  extend  the  laws  of  the  United 
States  relating  to  custcuns,  commerce,  and  navigati<m  over  the  terri- 
tory ceded  to  th<'  United  States  l>y  Russia,  to  establish  a  c(dlection  dis- 
trii't  therein,  and  for  other  ]>ur])oses.'"  The  first  section  of  said  act 
(now  section  IIKW  Kev.  Stat.),  declares  that,  "The  laws  of  the  United 
States  rchiting  to  customs,  ciminu'rce,  an<l  navigation  are  extended  to 
and  over  the  maiidand,  islands,  and  waters  of  the  territory  ceded  to 
the  United  States  by  the  Empercu'  of  Kussia  by  a  treaty  concluded  at 
Washingt<ui  on  tiie  tliirtieth  day  of  March,  Anno  I)(unini  eighteen  hun- 
dred and  sixty-seven,  so  far  as  the  same  may  be  applicable  thereto." 
(15  r.  S.  Statutes  240.)  The  sixth  section  in  terms  prohibits  the  killing 
of  fur-seals  within  the  linnts  of  saitl  f<rritori/or  in  the  iraters  tlu'trof,  and 
further  ]»rovides  that  all  vessels  found  engaged  in  violatien  of  the  said 
act  shall  be  fort'cited.  The  first  section  above  (;;uoted  is  without  change 
of  ]>hrase<dogy  incorpoiated  into  the  Revised  Statutes,  but  the  sixtli 
section,  which  issection  ll)5(5of  the  Revised  Statutes,  istln'rein  changed 
so  as  to  ret\'r  to  Alaska  Territory  and  the  waters  thereof  by  substitu- 
tion of  the  name  ''Alaska"  for  the  word  ''said"  iireceding  the  word 
"  territory." 

^*\n'  about  one  century  preceding  the  year  1885  the  validity  of  the 
laws  of  Russia  and  of  the  United  States  respectively,  for  the  ])re8crva- 
tion  of  fur-seals  in  Bering  Sea,  remained  unchallenged.  And  it  is  a 
matter  of  c<Miunon  knowledge  that  since  the  year  ISSo  instances  of 
])oaching  by  sealing  vessels  in  IWringSea  have  been  greatly  nuiltiplie<l, 
and  that  there  1ms  been  <ui  the  part  of  officers  of  tiie  Unitc«l  States 
charged  with  the  duty  of  enforcing  the  above  statutes  a  corres))onding 
increase  of  ertbi'ts  to  i)revent  stich  depredations.  A  lai-gc  number  of 
arrests  aiul  seizures  were  made  betweeii  i8H5  and  1881)  cm  the  assump- 
tion that  said  laws  were  cHective  and  ajtplicable  throughout  the  entir«' 
extent  of  the  territory  and  waters  including  the  i>ortion  of  Bering  Sea 
within  the  boundaries  of  the  territ(ny  and  dominion  ceded  by  the  Kin 
jieror  of  Russia.  From  said  arrests  and  sei/.ures  and  the  consecp.  nt 
]nosecutions  (piestions  ai'ose  as  to  the  proper  construction  or  interpre- 
tation of  section  ll>r)<t,  and  as  to  the  extent  of  our  national  jurisdiction 
over  Bering  Sea.  Thereni)on,on  March -5,  18S0,  Congress  passed  an  act 
giving  a  legislative  construction  to  said  section,  declaring  it  to  include 
and  be  appliiiible  to  all  the  dominion  of  the  United  States  in  tlic  wafers 
<)f  Bering  Sea  (iT)    U.  S.  Statutes,  p.  1009,  Sec.  3).     Effect  must  be 


Decisions  op  united  states  courts. 


123 


given  t<>  theso  statutes  ac('or(liii<»-  to  the  intoiitioii  of  Congress,  which  is 
to  be  ascertiiiiied  from  the  words  used  mid  coiisideiiitioii  of  the  course 
of  h^Si'*'"'^'<*'i  '•"  tlie  sul)je(!t,  siiid  the  facts  and  circuinstauces  Ivmowii  to 
have  Imhmi  operative  in  in<Iueinf:>'  such  lejfishition.  Now,  cousiih'riu;;"  tiie 
several  statutory  provisions  and  the  iiistoricial  facts  above  recited,  and 
keei)injj:  in  mind  section  lOol,  which  must  y'overn  tlie  interpretation  of 
otliei  statutes,  referring  to  tlie  <h)miiiion  of  the  LTnitetUStates  in  liering 
Sea,  1  am  constrained  to  hold  that  the  killing  of  fur  seals  anywhere 
within  the  b()uiuhiries  <lehryd  by  the  treaty  referred  to  in  said  section 
is  unlawful;  and  that  vessels  tbuud  within  said  boundaries  engaged  in 
that  business  are  subject  to  seizure  and  eomU'mnation  as  forfeited  to 
the  United  States. 

There  is  a  (|uestion,  however,  as  to  tlie  validity  of  these  statuti^s. 
On  the  part  of  the  defense  it  is  c<mtended  that  the  criminal  laws  of  tiie 
United  States  can  have  no  force  up(Ui  the  s,n»  beyond  tlie  limits  of 
national  jurisdicti<)n,  which  by  the  law  of  nations  can  not  extend  be 
yond  the  range  of  cannon  shot  from  the  shore;  and,  therefore,  tiic  (Jo'  - 
einment  has  no  power  to  prohibit  lishing  or  the  taking  of  animals  wlii  i 
i\iv  fcrra  natiww  in  the  open  sea,  which  is  common  and  free  to  the  i  i- 
habitants  of  all  naticms. 

National  dominion  and  sovereignty  may  be  exlendcMl  over  the  sea  as 
well  as  over  land.  Should  circumstances  render  it  ne<'essary,  a  nation 
having  the  power  to  do  so,  may  tsscrt  its  dominion  over  the  sea  beyond 
the  limits  heretofore  admitted  by  the  i)owers  of  the  earth  to  be  lawful. 
"  It  is  ]U'obably  safe  to  say  that  a  State  has  the  rigiit  to  extend  its  ter- 
ritorial waters  from  time  to  time  at  its  will  with  the  now  increased 
raiigi'  of  its  guns,  though  it  w. mid  undoubtedly  be  iiiDre  satistactory 
that  ail  arrangement  on  the  subject  sliould  be  arrived  at  by  common 
consent."  (1  VV^harton's  Digest  of  International  Law,  p.  114,  from 
Hall's  International  Law,  127.) 

As  our  (lovernment  is  constituted  the  President  and  Congress  an' 
vested  with  all  the  responsibility  and  powers  of  tlw  (lovernment  for 
determinaticni  of  (piestions  as  to  the  maintenance  an  .  extension  of  our 
national  dominion.  It  is  not  the  p)'ovince  of  the  courts  to  participate 
in  the  (liscussi(ui  w  decision  of  these  (piestions,  for  they  are  of  a  politi- 
cal nature  and  not  judicial,  (.'ongress  and  the  President  having  as- 
sumed Jurisdiction  and  sovereignty,  an<!  having  made  the  declarations 
and  assertions  as  to  the  <;xtent  of  our  national  authority  and  <loiniiiion 
ab(>v«'  in<licate(l,  and  having  by  a  treaty  with  Ifussia  established  an  in- 
t«'r;iational  boundary  line  imduding  a  portion  of  IJcring  Sea,  all  the 
jieople  and  the  courts  of  the  country  are  bound  by  such  goverinnental 
acts,  declarations,  and  assertiiuis,  and  by  the  tr<'aty;  and  the  responsi- 
I'ility  of  maintaining  tlu;  national  authority  within  the  boundai'ies  so 
lixed,  and  to  the  extent  asserted  by  executive  and  legislativt'  author 
ity,  against  finvign  governments  rests  with  the  ex<'cutive  antl  legisla- 
tive branches  of  tie  ( Jovernment.  In  the  o|)inion  of  the  Supreme  Court 
ill  the  ease  (;f  Janes  rn.  The  United  Slates  (l.iT  U.  S.,  LML'),  written  by 
Mr. -Instice  Cray,  tlu' law  is  thus  stated:  ''Who  is  tlu^  sovereign  de 
jnri' \)r  lUfuvto,  of  a  territory  is  not  a  Judicial  but  a  ptditical  (piestion, 
the  determination  of  which  by  the  legislative  and  executive  depart- 
ments of  any  goxcrnment  conclusively  binds  the  judges  i,s  w(dl  as  all 
other  olliccrs,  citi/cus,  and  subjects  of  that  (lovernment.  This  priiici- 
l)le  has  always  been  upheld  by  this  court  and  has  been  alllrmed  under 
a  great  variety  (»fcn<unistanctvs  ((JelstDU  r.v.  Iloyt,  .">  Wheat.,  UH>,  ',V1\; 
United  States' r.v.  Palmer..;  Wheat.,  (IIO;  The  Divina  Pastora,  1  Wheat., 
fl2j  I'Vster  PH.  Neilson,  li  Pel.,  2r>;J,  ;{l>7;  Ivean<'  r,v.  McDonaugh,  S  Pet., 


If 

i  'i 


^  i 


is 


tt 


m 


124 


ACTION   OP    THE    UNITED    STATES. 


3()S;  (iaicia  rs.  Leo,  12  Pet.,  'ill,  r)2();  Williams  vs.  Suffolk  His.  Co.,  13 
Pet.,  41");  United  States  rs.  Yorba,  1  Wall.,  412,  423;  United  States 
rs.  Lynde,  11  Wall.,  0;j2,  038).  It  is  equally  well  settled  in  Kngland. 
(The  Pelican,  Edw.  Adra.  a  px.  D.;  Taylor  rs.  Barclay,  2  Sim.,  21.'J; 
Emperor  of  Austria  vs.  Day,  3  DeO.,  F.  &  J.,  217,  221,  233;  Republic 
of  Peru  rs.  Peruvian  (iuano  Co.,  30  Ch.  1).,  489,  407;  Reimblic  of  l*eru 
rs.  Drayfus,  38  Ch.  D.,  356,  359).  All  courts  of  justice  are  bound  to 
take  Judicial  notice  of  the  territorial  extent  of  the  jurisdiction  exercised 
by  the  (rovernment  whose  laws  they  administer,  or  of  its  recognition 
or  denial  of  the  sovereignty  of  a  foreign  power,  as  appearing  from  the 
])ublic  acts  of  the  legislature  and  executive,  although  those  acts  are 
not  formally  put  in  evidence  nor  in  accord  with  the  i)leadings.  (United 
States  rs.  Keynes,  9  How.,  127;  Kennett  rs.  Chambers,  14  How.,  38; 
Hoyt  r.s'.  Russel,  117  U.  S.,  401,  404;  Coffee  rs.  Grover,  123  U.  S.,  1; 
State  rs.  DunweU,  3  R.  I.,  127;  State  rs.  Wagner,  (ll  Maine,  178;  Tay- 
lor *".s'.  Barclay,  and  Emiieror  of  Russiia  rs.  Day,  above  cited,  1  (Jreen  1, 
Ev.,  6.) 

It  has  been  further  (sontended  on  the  ])art  of  the  defense  that  this 
ves,el  was  especially  jirivileged  to  engage  in  the  sealing  business  in  Ber- 
ii.g  Sea  by  reason  of  the  fact  *liat  her  owner  and  crew  of  Indians  are  of 
the  Makali  tribe,  and  by  virtue  of  the  treaty  made  with  said  trib<'  of 
Indians,  whereby  "the  rights  of  taking  fish  and  of  whaling  and  seal- 
ing at  usual  and  aiicustomed  grounds  and  stations  is  further  secure<l  lo 
said  Iiulians  in  common  with  all  citizens  of  the  United  States  and  o- 
erecting  temporary  houses  fiu'  thepurjtose  of  curing,  together  wi^h  <i.:; 
privilege  of  hunting  and  gathering  roots  and  berries  on  open  lun,  , in- 
claimed  hind."  (12  U.  S.  Statutes,  940.)  It  is  obvious,  however,  from 
the  language  above  quoted,  that  the  treaty  secures  to  the  Indians  only 
an  e(piality  of  rights  and  privileges  in  the  nmtter  of  fishing,  whaling, 
and  sealing.  The  guaranty  is  of  rights  in  common  with  all  citizens  of 
the  United  States,  and  certainly  such  treaty  stipulations  give  n(»  suj*- 
port  to  a  chiim  for  peculiar  or  superior  rights  or  privileges  denied  to 
citizens  of  the  c(mntry  in  general. 

A  decree  of  forfeiture  as  i)rayed  for  in  the  libel  of  information  will  be 
entered. 

C.  II.  Hanford, 

Judge. 


l^'ffSt 


NOTfiS  ON  THE  FUR  INDUSTRY  OF  BERING  SEA  AND 
THE  ADJOINING  REGIONS. 


ni.. 


From  the  discovery  of  the  Aleutian  Islaiuls  in  1741  until  the  year 
178;i  the  «)])erations  of  the  Russian  fur  hunters  and  traders  were  con- 
fined exclusively  to  the  islands,  coasts,  and  waters  of  Jjcriiifj;'  Sea.  It 
was  not  uutil  after  the  establishment  of  the  first  perinaiu'ut  settlenuMit 
on  the  islands  of  Kadialv  in  17.S3  tliat  tlu'  initiatory  steps  were  taiven 
toward  exteuding  the  business  to  the  mainland  of  Xcuth  Anu'rica.  On 
tiu>  extent  and  value  (»f  the  o]?.rati<nis  on  tlu'  Aleutian  Islands  and  in 
IJering  Sea  during  these  first  ibrty  years  but  few  figures  v;u\  now  be 
had.  Ileliable  data  are,  however,  found  in  the  work  of  Lieut.  Vassili 
Herg,  of  the  Hussian  navy,  wiio  f<nnmanded  several  vessels  belonging 
to  the  Ikussiau  American  Company  in  the  course  of  tlic  first  two  de- 
cades of  the  present  century.  I>«'rg  had  access  to  the  customhouse 
records  at  Petropavlovsk,  Okhotsk,  and  other  ports,  at  which  incoming 
furs  were  counted  and  a  royalty  paid  to  the  (Jovernm«'nt.  Tliis  system 
wr.s  in  vogue  until  the  establishment  of  the  Russian  American  Com- 
pany in  17*^)9.  A(!cording  to  IJerg  tiie  catch  of  sea-otters  between  the 
years  1745  and  ITiKi  is  placed  at  o8,ClS,i  jind  that  of  fur-seals  from  tlie 
date  of  the  discovery  of  the  islands  to  the  year  IVMi  at  417,7oS,'  which 
latter  figure  represetits  ]m)bably  not  more  tiian  one  quarter  <>ftiie  num- 
ber killed,  as,  owing  to  the  crude  pr<»cesses  of  treating  the  skins,  fully 
three-quarters  were  sjioiled  before  they  could  be  brought  to  market. 

The  following  extract  from  IJerg's  Chronological  History^  throws  much 
light  upon  the  early  state  of  the  fur  trade  in  and  about  IJering  S<'a :  "In 
regard  to  the  furs  imported  by  the  various  companies  from  174r>t«)  ]Sl'3 
the  reader  should  be  infornu'd  that  the  valuation  of  the  cargoes  was  not 
alwtiys  ecjual  to  the  real  value  of  the  furs.  This  was  due  to  tlu'  devices 
resorted  to  by  sonu^.  shipowners  to  lessen  the  amount  of  royalty. 
«  *  *  #  *  *  # 

"In  looking  over  the  list  of  furs  imported  by  any  vessel  we  can  de- 
teri(tfine  how  far  its  voyage  extended.  Blue  foxes  indicate  that  the 
hunting  was  <h)ne  «ui  the  Bering  Islands;  black  foxes  that  tlie  vessel 
reached  IJimlaska,  Umnak,  and  Unimak.  Land-otters  and  beavers 
were  obtained  from  the  Aliaska  Peninsula. 

"A  hirge  shipment  of  fui-scals  indicated  that  the  ship  had  been  to 
the  islands  of  St.  Paul  and  St.  (ieorge.  These  islands,  discovcK'd  in 
1785,  yielded  in  a  short  time  more  than  a  million  fur  seal  skins,  and  they 
still  abound  in  the  animals.  There  were  cases,  however,  where  during 
heavy  northerly  gales  as  nniny  as  50,000  fur-seals  and  5,000  walrus  were 
driven  to  the  nearest  Aleutian  islands.  In  1770  a  multitude  of  fur-seals 
were  driven  to  the  islands  of  Atka  and  Andia.  The  ship  i'/v>Aoy>//, 
which  was  hunting  there,  brought  about  40,000  skins  to  Okhotsk. 


!       5     ' 


t    I 


r   ti, 


Hi 


'  Set'  Tiiblo  1,  Itoifi's  tippeudix. 
•Pujji'M  11)5-167, 


135 


126 


FUR   INDUSTRY   OF   BERING    SEA 


iii8 


i 


Tt 


h 


lifii 


mm 


"From  an  exaniination  of  the  tables  of  furs  imported  by  the  various 
companies  from  1743  to  1823  it  appears  that  within  a  period  of  eighty 
years  their  numbers,  includujg  Government  tribute,  were  as  folhnvs: 


Fur-seals 2,324,364 

vSea-otters 2()0,  S39 

Otter  tails 143,  (W9 

Blue  foxes 108,8«r) 

Red  foxes 57,638 


Beavers . 

Cross  foxes., 
Black  foxes  , 
Laiul-otters 
Sables 


58,  729 
44,  904 
30,  15« 
22,  807 
18, 121 


"  The  tables  of  the  imi)ortations  of  privr.te  companies  show  that  the 
cargoes  of  their  various  vessels  were  valu'id  at  7,000,000  rubles,  but  to 
this  we  must  add  at  least  2,000,000  rubles,  because  the  value  of  cargoes 
of  seven  vessels  which  made  long  voyages  is  not  given  for  want  of  rec- 
ord, and  it  may  be  safely  assumed  that  at  least  ten  more  made  voyages 
of  which  no  record  exists.  The  furs  imported  by  the  Shelikof  Company 
were  api)raised  at  l,r)00,000  rubles.  The  cargoes  brought  by  the  ves- 
sels of  the  liussian  American  Company  were  worth  35,500,000  rubles.^ 
Thus  there  were  obtained  by  Russian  hunters  and  traders  in  eighty 
years  from  the  Aleutian  Islands,  and  the  coast  immediately  adjoining, 
fiT-'S  to  the  value  of  46,000,000  rubles.'  Of  all  this  quantity  of  furs 
more  than  hal"  .ms  traded  off  with  the  Chinese  at  Kiakhta,  and  the 
Government  rr  in  duties  from  this  trade  more  than  10,000,000 

rubles.'^  In  addi.  he  Government  received  large  numbers  of  skins 
as  tribute  from  nan  ;&.  From  every  cargo  of  the  early  private  compa- 
nies one-tenth  was  set  aside  for  the  Government,  and  the  number  of  sea- 
otters  alone  thus  secured  from  174")  to  1799  was  12,000,  worth  720,000 
rubles  at  the  low  price  then  prevailing." 

The  seal  catch  at  the  Pribilof  Islands  between  1817  and  1837  is  illus- 
trated by  the  following  table  compiled  by  Veniaminof:^ 


m: 


Table  i  in  Paut  ii  of  I'eHiamiiiof's  "Notes  on  the  Islands  of  the  Unalasla  Dixtrict," 
shouiiifi  the  seal-catch  (hning  the  period  of  gradual  diminution  of  life  on  the  Pribilof  Is- 
lands, from  1817  to  18S7. 


Taken  from— 

1817. 

47.860 
12,:t28 

1 
1818.      1819. 

1 

1820. 

1821. 

1822. 

1823. 

1824. 

1825.      1826. 

1827. 

St.  Paul  Islaiitl 

St.  Ueornr  Inliiiul 

1 

4r..n:i2  40,3no 

i;i.»24    11,925 

39,  700 
10,520 

35,  7.50 
9.  245 

28, 1,50 
8,  319 

24, 1(K» 
5,773 

19,850 

5, 550 

24,600   23,2.50 
5,  .500 

17,7.50 

Total 

60,188   5»,8-.0   .52,22,') 

1              i 

50,220:  44,995    36,469 

29,  873 

25. 40(1 

30,100   23,2.50 

17,750 

Takeu  from — 

1828. 

1829. 

1830. 

1831. 

12. 9,50 
3, 084 

1832.   J  1833. 

1834. 

1835.    1  1836. 

1837. 

St  Paul  Islanil 

18.4.50 

17.  1.50 

1,5.200 
2.  834 

13,150   13,200 

12.700 

4,0.52     4,040 
2,  528      2,  ,5,50 

4,220 

St.  (leurge  Ixlaiul  .... 

4.778     3,  (Mil 

3,29«     3,212|     3,051 

2,  582 

Total 

211, 228 

20,811     18.1134:   )fi.O:U 

16,440    IH.41-i    '5.7.51 

6, 580     6, 590 

1 

0, 802 

Grand  total  for  St.  Paul  Inlnml 464.2,59 

Graiitl  total  for  St.  George  Islaiiil 114,000 

Total  catch  during  nineteen  years  of  diminution 578,919 


,  Tliesi'  wore  silver  rubles. 

^Iii  I'eganl  to  the  fur  trade  with  Cbiua  see  also  Coxe,  pp.  354-357,  aud  House  Ex. 
Doe.  Vil,  pp.  M5,  178. 
^See  a^tper.dix  to  bis  "  Notes  ou  tUe  Islands  of  the  Unalasku  District." 


Am)   ADJOINING    iJXilONS. 


127 


The  value  of  skins  from  the  Unalaska  district  during  the  year  183 
(at  which  time  fur-seal  skins  were  scarce)  is  illustrated  by  the  following 
table' compiled  by  the  same  person: 


S«'a-i)ttiTs 

HliK-k  foxt's 

(;r<w.s  roxcx 

Kcd  foxes 

I.niHl-Kttfrs 

FiiT  seals 

nine  foxt's 

Wiilriis  ivory 

Wllllll'llDIIC 

Miscellaneous  furs. 


Sum  total . 


Priee  per 

No.  <.f 

skin. 

skins. 

Pa)ier 

rubles. 

100 

4r,o 

;i(H) 

150 

«>(N) 

•i.') 

r>(K) 

10 

HO 

50 

1.5, 000 

.10 

1,500 

10 

100  piMKls. 

KO 

.JOO  jiowls. 

40 

Sum  of 
value. 
I'awT 
ruliles. 


45. 000 

45, 000 

15.000 

5, 000 

4, 000 

V.V),  000 

1.5,000 

K,000 

8,  000 

1,000 


896,  00'! 


Tikhmenief  publishes  two  main  tables  ^  showing  the  numbers  of  all 
furs  exported  from  the  Russian  American  Colonies  between  the  years 
1821  and  1862.  _        , .  ,  ., 

lollowing  are  the  data  contained  in  the  tirst  table,  which  covers  the 
period  from  1821  to  1842: 


Sea-ottevs 25, 416 

Sea-otter  tails 23, 506 

Fur-seals 458,.-)02 

Wlialeboiie poods. .  > 3,  4ik) 

Laml-otters 29,  442 

Foxes  (l)rowii,  gray,  and  red) ...  90,  322 

Walrus  ivory poods. .  6, 501 

.do....n62,034 


Bears »- 3 '•' 

Lvuxes 4,2o3 

Wolvcriues l.i»64 

Weasels lo,  481 

Sables 15,06b 

Miiskrats 4,  491 

Wolves ^01 

Castoriuuis poods . .  •'  124 


Heavers ,,„  o    . 

Blue  foxes 69,3o2 

Following  are  the  data  contained  in  the  second  table,  which  covers 
the  period  from  1842  to  1862 : 

Sea-otters 25,899 

Foxes < '  >  847 

Blue  foxes 54,134 

Fur-seals 372, 894 

Beavers 157, -l^^ 

Laud-otters 70,473 

Lvuxes 6,927 

Sables 12,T82 

Bears ^t  "^^ 


Wolves 24 

Muskrats 6,570 

Wolveriues ip 

Minxes ^72 

Castoriuuis poods. .  "  103 

Walrus  i v(uy do '765 

Beaver  tails 25,  797 

Paws 10,588 


During  the  years  1863-1867  there  were  exi)orted  from  the  Russian 
American  Colonies  fur-seals  to  the  number  of  198,718." 

'  Page  83.  This  author  explains  at  length  the  causes  of  the  diminution  of  seal  li:e 
during  the  period  coucerning  which  he  wrote. 
2  Tikhmenief,  Vol.  i,  p.  327,  and  Vol.  ii,  p.  221. 
•'•  And  10  pounds. 
*  .And  6  pounds. 
»  And  16  pounds. 
6And2l  pouuds. 

''reuth  Census  Report  of  the  United  States,  Report  ou  the  the  Population,  ]n(lus- 
tri.-s,  au<l  Resources  of  Alaska,  p.  61.  See,  generally,  this  report  for  greater  details 
««  to  the  whole  of  the  foregoing. 


¥l\ 


1)111 


128 


FUR    INlU'STllY    OF    ItERING    SEA. 


I 


liecapUitlalioii  of  the  fnreifointj  rts  1o  j'ur-neah  exported  between  1743  aitd  1867. 

174S-l«20(H<-ijr,  t;i1)l<-  1) 2,167,040 

1825-1S42  (Tikhiiioiiief) 45«,5()2 

184:M«()2  (Tiklmu-iii.-l) 372, S94 

l><«H-i8«7  (T<'ii(li  ("I'lmus) IIW,  718 


Totivl' 3,197,154 

Fur-seal  skins  taken  from  the  I'ribilof  Islands  between  the  years  1868  and  1891. 

Niimbw- 


Niiiiib('r_ 

18()8 '^240,  (KX) 

18««t ^'87,  (MM) 

1870 '}»,!»(!') 

1871 '•iMi,(i!)7 

1872 100,  352 

1873 100,437 

1874 102,221 


Number. 

187fi 87,900 

1877 7«,584 

1878 10;>,152 

1879 101,004 

1880 98,923 

1881 102,386 

1882 97,798 


1884. 
1885. 
1886. 
1887. 
1888. 
1889. 
1890. 


!K»,  733 
100,  395 

9J»,  890 
100,  {WW 

}m,116 

99, 937 
«  21,  238 


1875 100,036,1883 74,268    1891 '13,473 


Extract  from  Report  on  the  Remurces  of  Alaska,  publixhed  by  the  Bureau 
of  Statistics  of  the  United  States  Treasury  Department,  1890. 

A  brief  estiiniite  of  the  v.aliie  of  permanent  improvements  in  Alaska 
bas  been  compiled  from  sncU  sounjes  as  conld  be  made  available.  No 
attempt  at  even  ai)prox:imate  assessment  has  ever  been  made.  Real 
estate  ean  hardly  be  saitl  to  exist  in  a  country  as  yet  without  provision 
for  ac(piiring  title  to  anything  but  mining  claims. 

Estimated  value  of  permanent  improremefit  in  Alaska. 

Invested  in  gold  and  silver  niiu<'s  and  mills $1,  .500, 000 

Invested  in  coal  mines 30, 000 

Salmon  canneries 1, 800, 000 

Shipping 200,000 

SawniilTs 130,000 

Codtisliiiig  stations  and  vessels 1(X),  000 

Trading  stations,  wharves,  etc 350, 000 


4,110,000 


A  very  interesting  summary  of  the  value  of  products  obtained  from 
Alaska  from  tiie  time  of  its  purchase  to  the  year  of  1889  will  serve 
to  elucidate  the  value  of  this  vast  territory  which  we  ac<piired  for  the 
paltry  sum  of  $7,200,()0l>,  and  which  has  returned  over  $(50,000,000 
within  twenty-three  years.  Tiie  value  of  products  of  the  whale  fishery 
has  been  omitted  from  this  summary  as  behniging  more  properly  to  San 
Francisco  and  New  Bedford. 

During  the  time  (!Overed  by  this  statement  the  United  States  Treas- 
ury has  drawn  f  5,9r)5,r).'J5.()7  trom  the  same  source,  and  on  the  large 
proportion  of  fur-seal  skins  which  have  been  returned  dressed  and 
dyed  to  this  country  a  duty  of  20  per  cent  has  been  received. 

For  reasons  alrisady  given,  this  total  only  represents  the  skind  of  which  records 
were  ki^pt,  which  records,  especially  in  early  times,  were  very  imperfect. 

^Thomas  F.  Morgan,  \'ol.  ii,  p.  63.  , 

•'Tenth  Census,  Report  on  the  |)o|>nlation,  etc.,  of  Alaska,  p.  61. 

<  Emil  Teiclunann,  \'ol.  ii,  p.  585. 

'•  For  this  and  sncccediug  vears  down  to  1889,  inclusive,  see  Max  Heilbronner,  Vol. 
11,  pp.  117.167. 

"Charles.!.  Gort",  Vol.  II,  p.  112. 

'  Emil  Teichmauu,  Vol.  ii,  p.  585, 


'  AND   ADJOINING   REGIONS.  120 

Value  of  proditctn  obtained  from  Jlaska  from  the  time  of  Us  purchane  to  the  year  1S90. 

Fnr-seal8  (total) ^?!';l^x«S 

Other  furs  (total) ^fi'l^q'TOT 

CaniKMl  saliium 'Tca  una 

Salte-l  salmc.n _  *"{' ^"^ 

CoilfiHl. m'S'So 

Gold  and  silver i,lX\,.m 

eO,  068, 7^1 

17 


y-'v 

II 


(•:r 


it! 


ni':i,ili: 


bt. 


REVENUfi  DERIVED  FROM  THE  ALASKAN  SEAL  HgRD. 


Treasury  Department, 

June  10,  I8ba. 
Sir  :  In  reply  to  your  request  of  the  8th  instant  I  have  the  honor  to 
transmit  herewith  a  statement  of  the  revenue  derived  from  the  lease  of 
the  islands  of  St.  Paul  and  St.  George,  Alaska,  from  1871  to  1891,  in- 
clusive. 

Kespectfully,  yours, 

Charles  Fostek, 

Secretary. 
Hon.  John  W.  Foster, 

Department  of  State, 


'K 


W:' 


statement  of  the  revenue  derived  hy  the  Government  «f  the  United  Statca  from  the  lease  oj 
the  islands  of  St.  Paul  and  St.  George,  Alaska. 


riBcal  year 

ending 
Juno  30 — 

Amount. 

FIhchI  year 

rntlinK 
June  30— 

Amount. 

FiHcal  year 

ending 
June  30— 

1883 

1884 

1885 

1886 

1887 

1888 

1 

Amount. 

Fiscal  year 

ending 
June  30 — 

Amount. 

1871 

1872 

1873 

1874 

1875 

1876 

$101, 080.  (H) 
322,  863.  38 
307,  181. 12 
356, 610. 42 
317, 494.  75 
317, 584.  00 

1877 

1878 

1879 

18H0 

1881 

1882 

1 

.1S291,1,55.50 
2.*.:i.  255.  75 
3 17,  447.  ,50 
3 17. 4(H).  25 
31 7.  .594.  50 
316, 885.  75 

$317, 295.  25 
251, 875.  (H) 
3ie.4IK).25 
317, 489.  .50 
317,  452.  75 
317, 500. 00 

1889 

1890 

1891 

Total.. 

$31 7,  ,500.  nu 

262, 500.  00 
269, 673. 8A 

6,  226,  239. 66 

Note, 

It  will  be  seen  by  reference  to  the  statement '  sworn  to  by  Joseph 
Ullmann  and  others,  furriers,  of  New  York  City: 

First:  That  upon  a  cat<'h  of  100,000  seals  at  the  Pribilof  Islands, 
about  70,000  have,  after  dressing  and  dyeing  in  London,  been  annually, 
during  the  last  ten  years,  returned  to  the  United  States. 

Second :  That  the  average  value  of  each  skin  so  returned  was  $25. 

The  total  value  of  skins  so  imported  would  therefore  be,  during  ten 
years,  $17,500,000. 

The  customs  duty  received  therefrom  by  the  United  States  Govern- 
ment  is  20  per  cent  of  this  sum,  or,  for  ten  years,  $3,5(K»,000;  and  it  is 
within  bounds  to  say  that  for  the  past  twenty  years  the  above-men- 
tioned duty  amounted  in  all  to  $5,000,000. 


180 


» Vol.  —  p.— 


DIPLOMATIC  CORRESPONDENCE. 


CHRONOLOGICAL  ARRANGEMENT. 


Pnges. 

Correspourlence  of  the  years  1822-1825  relative  to  ukase  <»f  1821,  and  to  the 
treaties  of  1824  and  1825 132-152 

Correspondence  between  the  United  States  and  Great  Britain  relative  to  the 
seizure  of  Kritish  sealing  vessels  in  HeriiigSeain  188(5  and  1887 158-103 

Corresjtondence  relative  to  ])ropo8ed   iuternati<uuil    measures  for  the  pro- 

teelion  of  fur-seals  (1887-1888.) 1()8-1!»1 

Correspondence  relative  to  and  growing  outof  the  seizure  of  Hritish  sealing 

vessels  in  Hering  Sea  in  188!>  (August  21, 1889,  to  January  22, 181(0) 1H5-203 

Correspondence  relative  to  ]>ro])osed  international  measures  for  the  pro- 
of fur-seals— continued— ( February  10,  1890,  to  June  27,  1890) 204-223 

Corres))onden(  e  relative  to  the  Jurisdictional  rights  in  Hering  Sea  formerly 
possessed  by  Russia  and  translerred  to  the  L'nited  States  by  the  treaty  of 
of  1867  (Mr.  Blaine's  note  of  June  30,  1890) '....  224-235 

Correspondence  relative  to  Great  IJritain's  willingness  to  enter  into  a  con- 
vention for  the  protection  of  fur-seals  (June  30,  1890,  to  July  19,  1890).. .  236-242 

Correspondence  relative  to  the  jurisdictional  rights  in  Hering  Sea  formerly 
possessed  by  Russia  and  transferred  to  the  United  ."States  by  the  treaty 
of  1867— continued— (August  2,  1890,  to  April  14,  1891) ".  242-298 

Correspondence  relative  to  the  modun  vii-endi  of  1891  and  to  the  negotiations 

for  arbitration  (April  20,  1891,  to  Februarys,  1892) 298-350 

Correspondence  relative  to  the  modus  vivendi  of  1892  (February  9,  1892,  to 
March  26, 1892) 351-364 

131 


I    I 


i-   i. 


||i|| 


CORRBSPONDBNCB  OP  TBB  TBAR8  1822-182S  RBLATIVB  TO  THB 
UKASB  OF  1821  AND  THB  TRBATIES  OF  1824  AND  1825. 

M.  de  Poletica  to  Mr.  Adams. 

[XransUtion.] 

Washington,  January  30  [February  11],  1823. 

The  umlersigned,  envoy  extraordinary  and  minister  plenipotentiary 
of  His  Majesty  the  Eni))eror  of  all  the  Uussia**,  in  consequence  of  orders 
which  have  lately  reached  him,  hastens  herewitli  to  transmit  to  Mr. 
Adams,  Secr<H;ary  of  State  in  the  Department  of  Fcneijiii  Affairs,  a 
l)rinted  copy  of  the  regiiLations  adopted  by  the  Russian- American  (!om- 
l>any,  and  sanctioned  by  His  Imperial  Mjijesty,  relative  to  foreign  com- 
merce in  the  waters  bordering  the  establishments  of  the  said  company 
on  the  northwest  coast  of  America. 

The  undersigned  conceives  it  to  be,  moreover,  his  duty  to  inform  Mr. 
Adams  that  the  Imperial  Government,  in  adopting  the  regulation,  sup- 
poses that  a  foreign  ship,  which  shall  have  sniled  from  a  Eui-opean  port 
after  the  1st  of  March,  1822,  or  from  one  of  the  jMHts  of  the  United 
States  after  the  1st  of  July  of  the  same  year,  can  not  lawfully  i)retend 
ignorance  of  these  new  measures. 
The  underMigneti,  etc., 

Pierre  de  Poletica. 

[The  inclosme  referred  to  is  the  ukase  of  September  4,  1H21.  It  is 
in  the  English  language.  An  exact  copy  appears  at  i)age  10  of  this 
volume.] 


Mr.  Adams  to  M.  de  Poletica. 

Department  of  State, 

Washinf/ton,  February  25,  1822. 

Sir:  I  have  the  honor  of  receiving  your  note  on  the  11  th  instant,  in- 
(ilosing  a  printed  cojiy  of  the  regulations  adoi)ted  by  the  Kussian  Ameri- 
can Company,  and  sanctioned  by  His  Imperial  Majesty,  relating  to  the 
<'ommerce  of  foreigners  in  the  waters  bordering  on  the  establishments 
of  that  company  upon  the  northwest  coast  of  America. 

I  am  directed  by  the  President  of  the  United  States  to  inform  you 
that  he  has  seen  with  surprise,  in  this  edict,  the  assertion  of  a  terri- 
torial claim  on  the  part  of  Kussia,  extending  to  the  flfty-first  degree  ol 
north  latitude  on  this  continent,  antl  a  regidation  iuterdi<;ting  to  all  com- 
mercial vessels  other  than  Russian,  ui>on  the  jienalty  of  seizure  and 
confiscation,  the  approach  upon  the  high  seas  within  100  Italian  miles 
of  the  shores  to  which  that  claim  is  made  to  ajiply.  The  relations  of 
the  United  States  with  His  Imperial  Majesty  Inive  always  t>een  of 
the  most  friendly  character;  and  it  is  the  earnest  desire  of  tliis Govern- 
ment to  preserve  them  in  that  state.  It  was  exjjected,  before  any  act 
Aviiich  should  define  the  boundary  between  the  territories  of  the  United 
States  and  Russia  on  this  continent,  that  the  same  would  have  beon  ar- 
132 


CORHKSrONDKNCK    OF    lS2'i-1825. 


laa 


raiifjcd  by  tieaty  ln'twceii  tlw  partios.  T<»  fxcliido  tlw  vosscis  of  our 
ritizt'iis  fioiu  tlu^  sliorc,  iM'yoiid  the  onlinary  distiiiMM'  to  wliirh  the  \vv- 
ritoriiil  Juristlictioii  extends,  has  exeited  still  };realer  surprise. 

This  (H'dinaiUH'  affects  so  deeply  the  i'i;;hts  ol"  the  I'liited  States  and 
of  their  eiti/.ens  that  i  am  instrnete<l  to  inipiire  whether  you  are  author- 
ize<l  to  yive  explanations  of  the  ^i'lonnds  of  ri<iht,  upon  priin-iples  <>en- 
erally  re(M»ynized  by  the  lawsand  nsaj^es  of  nations,  whieli  ean  wairant 
the  elaitns  and  re<>'ulatiuns  contained  in  it. 
I  avail,  etc., 

John  Qiin(!y  Adams. 


M.  lie  Poletica  to  Mr.  Aihinis. 

VVASiiiNciToN,  Frhrimnf  JS,  is:>^. 

M.  de  Poletiea  replied  on  the  L'Sth  of  the  same  nnnitli,  and  after  f>iv- 
jn;>'  a  suninniry  of  historical  incidents  which  seenn-d  to  him  to  establish 
the  title  of  Kussia  to  the  territories  in  ipu'stion  by  first  discovery,  said: 

"  1  shall  be  more  snccint,  sir,  in  the  »'xp(»sition  of  the  motives  which 
determined  the  Imperial  Government  to  prohibit  forei},'n  vessels  from 
approaching  the  northwest  coast  of  America  belonginj^'  to  Russia  within 
the  distance  «>f  at  least  KM)  Italian  nules.  This  nn'asure,  however  severe 
it  may  at  first  ai)pear,  is,  after  all,  but  a  measure  of  i»revention.  It  is 
exclusively  directed  against  the  culi>ab!e  en  terpiises  of  fbreij;n  adventur- 
ers, who,  not  c<mtent  with  exercisin<>-  upon  the  coasts  above  nn-ntioned 
an  illicit  trade  very  prejudit-ial  to  the  rijilits  reserved  entin'ly  to  the 
Kussian  AmericanComi)any,  taki'upon  them  besides  to  furnish  armsand 
ammunition  to  the  natives  in  the  IJnssian  possessions  in  America, ex- 
citing them  likewise  in  every  manner  to  resist  and  revolt  against  the 
authorities  there  established. 

"Tlie  American  Govennnent  doubtless  recollects  that  the  irregular 
conduct  of  these  adventurers,  the  majority  of  whom  was  comp(»sed  of 
American  citizens,  has  been  the  <d)ject  of  the  most  pressing  remon- 
strances on  the  part  of  Kussia  to  the  Federal  Government  from  the 
time  that  diplomatic  missions  were  (U-ganized  between  the  ',  ountries. 
These  remonstrances,  repeated  at  different  times,  renniin  cMsrantly 
without  effect,  and  the  inconveniences  to  which  they  oughi  io  bring  a 
remedy  <'ontinue  to  increase.  *  *  *  Pacificmeansnot  having bnuight 
any  alleviaticm  to  the  Just  grievances  of  the  K'ussiau  American  Com- 
pany against  foreign  navigators  in  the, waters  which  eiivnon  their  estab- 
lishments on  the  northwest  coast  of  America,  the  Impernd  Government 
saw  itself  undei'  the  necessity  of  having  recours«'  to  the  means  of  coer- 
cion, and  of  nu'asuring  tlit^  rigor  a(M'ording  to  the  inveteiate  character 
of  the  evil  to  which  it  wished  to  put  a  stop.    *     *     * 

"  I  ought,  in  the  last  place,  to  reipu'st  you  to  consider,  sir,  that  the 
liussian  possessions  in  the  Pacific  Ocean  extend,  on  the  northwest  coast 
of  America,  from  Behring's  Strait  to  fS"  fifty  first  degree  of  north  lati- 
tmle,  and  on  the  opposite  side  of  A  m  and  the  islands  adjacent,  from 
the  same  strait  to  the  forty-fifth  degree.  The  extent  of  sea  of  which 
these  possessi(ms  form  the  limits  comprehends  all  the  coiulitions  whi<th 
are  ordinarily  attached  to  shut  .seas  (mcrs  fermees),  and  the  Russian 
Government  nught  conseipiently  Judge  itself  authorized  to  exercise 
up<m  this  sea  the  right  of  sovereignty,  and  esi)ecially  tiiat  of  entirely 
interdicting  the  entrance  of  foreigners,  lint  it  preferred  only  assert- 
ing its  essential  i-ights,  without  taliing  any  advantage  of  localities." 

I  A*  full  copy  of  the  above  letter  will  be  found  in  the  Xorth  Aniericau 
Keview,  volume  xv,  p.  ^{7(»,  (l.SL'ii).J 


i  • 


V 


liift 


134 


DIPLOMATK;    ('ORRKsrOXl)KNCE. 


Mr.  Atfams  to  J/,  de  Voletica. 


m 


li 

IS.  '4!!.. 


HM^ 


m 


mi 


DErARTMENT  OF  STATE, 

W((Hhington,  March  :io,  IS^'}. 

Sir:  I  liavolisid  t1n'lioiiorof  rrcM'iviiifjyoiir  Icttrr  of  the  28tli  ultimo, 
which  has  hwii  sulmiitti'd  to  the  eoiisidenition  of  the  President  of  the 
United  Sfiites. 

Kroit*  the  deduction  whi<'h  it  contains  of  the  grounds  upon  whitdi 
artich's  of  rcj^uhition  of  the  linssianAiuerican  Company  luiv«',  now,  for 
the  tiist  time,  extended  tlie  chiim  of  liussia  on  the  northwest  coast  of 
America  to  the  lilty-first  dej^i-ee  of  north  hititnde,  its  only  foundation 
appears  to  be  the  existence  ()f  the  small  settlement  of  Novo  Archan}f»'lsk, 
situated,  not  on  the  American  continent,  but  upon  a  small  island  in 
latitute  r)7°;  and  tiie  juinciple  upon  which  you  state  that  this  claim  is 
now  advanced  is,  that  the  lilty-llrst  decree  is  e(|uidistant  from  the 
settlement  of  Xov<>  Andianji'clsk  and  the  establishment  of  the  United 
States  at  the  mouth  of  the  Cohunbia  liiver.  Hut,  from  the  same  state- 
ment, it  appears  that,  in  the  year  17!)J),  the  limits  ]n'escribed  by  the 
KmperorPaul  to  the  Russian- American  Company  were  tixed  at  the  lifty- 
flfth  decree  of  latitude,  and  that,  in  assuminji'  now  the  latitude  57R,iL. 
new  j)retensioii  is  asserted,  to  whiidi  no  settlement  made  since  the  year 
17!>9  has  jjiven  the  color  of  a  sanction. 

This  pretensi<m  is  to  be  considered  not  only  with  reference  to  the 
question  of  t«'rritorial  ri}>,lit,  but  also  to  that  prohibiticm  to  the  vessels 
of  other  nations,  includinji'  those  of  the  United  States,  to  approat^h 
within  100  Italian  miles  of  the  coasts.  Krom  the  period  of  the  existence 
of  the  United  States  as  an  independent  nation,  flieir  vessels  have  freely 
navijjated  those  seas,  and  the  right  to  luivigate  tht'm  is  a  part  of  that 
independence. 

With  regai'd  to  the  suggestion  that  the  Russian  Government  m"  ^"t 
havejustitied  the  exercise  of  sovereignty  over  the  Pacitic  Oceai  i 
close  sea,  because  it  claims  territory  both  on  its  American  and  A 
shores,  it  may  sullice  to  say  that  the  distance  from  shore  to  shore  on 
this  sea,  in  latitude  51°  north,  is  not  less  than  !>0°  of  h)ngitude,  or  4,000 
miles. 

As  little  can  the  United  States  accede  to  the  Justice  of  the  reason  as- 
signed for  tlie  i)rohibition  above  mentioned.  The  right  of  the  citizens 
of  the  United  States  to  hold  conmierce  with  the  ab«)riginal  natives  of 
the  northwest  coast  of  Ameri<'a,  without  the  territorial  Jurisdiction  of 
other  nations,  even  in  arms  and  munitions  of  war,  is  asclearand  indis- 
putable as  that  <d'  navigating  the  seas.  That  right  has  never  been  ex- 
ercised in  a  spirit  unfriendly  to  Russia;  and  althougli  general  cont- 
jthiints  have  occasionally  been  made  on  tlie  subject  of  this  <'ommerce 
by  some  of  your  prt'decessors,  no  spe<'itie  gnmnd  of  charge  has  ever 
been  alleged  by  them  of  any  transaction  in  it  which  the  Uiuted  States 
were,  by  tlu'  ordinary  laws  and  usages  of  nations,  bound  eitlier  to  re- 
strain or  to  i)unish.  Had  any  such  charge  been  made,  it  'vould  have 
received  the  most  ])ointed  attention  of  tliis  (ioveri.uient  with  the  sin- 
cerest  and  firmest  disposition  to  pt>rform  every  act  and  obligation  of 
Justice  to  ycmrs  which  could  have  been  re«iuired.  1  am  comvianded  by 
the  President  of  the  United  States  to  a;isure  you  that  this  dis]»osition 
will  (continue  to  be  entertained,  together  with  the  earnest  lesir»'  that 
the  harmonious  relations  between  the  two  countries  may  b(  preserved. 

Relying  upcm  the  assurance  in  your  note  of  similar  di;']>(»8itions 
reciprocally  entertained  by  His  Imperial  Majesty  towards  the  United 


CORUKSl'ONUENX'K    OK    18'-'J-182r>. 


ISf) 


States,  tlu'  rrcsidcnt  is  persuiulrd  tliat  tlie  iitizi'iis  of  this  Union  will 
rciniiiii  iininolcstcd  it)   tlic  )>i'<»s(>cMtion  ol' tli«'ir  liiwt'nl  minnicicc,  iuul 
that  no  (>tli*ct  will  lie  given  to  an  iiitcidiction  niaiiifcstly  iiiroinpatible 
with  their  riyhts. 
1  uui,  etc., 

John  Qi  incy  Adams. 


M,  de  Poletka  to  Mr.  A  flam 8. 


\Vashin(jt()N,  April  i\  issi\ 

Mr.  Polotica  replied  on  the  2d  of  April  following-,  and  after  again 
endeavoring  to  i)rove  the  title  of  linssia  to  the  northwest  eoast  of 
Anieriea  from  lieliring  Straits  to  the  lifty-tlrst  «legree  of  north  latitnde, 
said: 

''In  the  same  manner  the  great  extent  of  tlie  Pacitl<^  Oeean  at  tlie 
tifty -first  degree  of  latitnde  ean  not  invalidate  the  right  whicli  linssia 
may  have  of  considering  that  part  of  the  oeean  as  close.  But  as  the 
Jmiierial  Government  has  not  thonght  tit  to  take  advantage  of  thiit 
right,  all  further  disctission  on  this  snbject  wonld  he  idle. 

"As  to  the  right  claimed  for  the  citizens  of  the  rnited  States  of  trad- 
ing with  the  natives  of  the  cotintry  of  tlie  northwest'coast  <»f  America, 
Avithont  the  lindts  <)f  the  jnrisdi(!tion  belonging  to  l{nssia,the  Imperial 
(lovernnient  will  not  certainly  think  of  limiting  it,  and  still  less  of  at- 
tacking it  there.  ]iut  I  can  not  dissemble,  sir,  that  this  same  tiade  be- 
yond the  fifty-first  degree  will  meet  with  difticnities  and  inconveni.Mices, 
for  whi«'h  the  Amerii'ai!  owners  Avill  only  have  to  accuse  their  own  im- 
]»nidence  after  thejmblicitywhit'h  has  been  given  t(»  the  measnres  taken 
by  the  Imperial  (lovernment  for  maintaining  the  rights  of  the  Knssian 
Ameiican  Company  in  their  absolnte  integrity. 

"I  shall  not  finish  this  letter  withont  ie]ieating  to  yon,  sir,  the  very 
]>ositive  assurance  whit'h  I  have  already  had  the  li«»nor  once  of  «'xpress- 
ing  to  you  that  in  every  case  where  the  American  G(»vernment  shall 
Judge  it  necessary  to  make  ex]>lanations  to  that  of  the  Kmper<n,the 
i'resiilent  of  the  United  States  may  rest  assured  that  these  explana- 
tions w  ill  always  be  attended  to  by  the  Emperor,  my  august  sovereign, 
Avitli  the  most  friendly,  and  consequently  the  most  conciliatory,  disi)o- 
sitious." 


I 

1 


Mr.  Middleton  to  Mr.  Adama. 

St.  rETKKSlU'KG,  Avf/usf  S,  1822. 

Sir:  I  am  desirous  of  giving  y<»u  a  1\dl  account  of  what  has  occurred 
here  ui)on  the  subject  of  the  ^'.  W.  Contestation,  be<'ause  I  con- 
ceive it  to  be  important,  on  account  of  the  imiiending  negotiation  u}ion 
that  subject,  that  you  should  be  furnished  with  all  tlie  infoimation  at- 
tainable resjiecting  tlu*  views  and  feelings  of  this  (lov«'ii.ment  u))on  it; 
and  also  because  1  wish  you  to  understand  the  riason  <»f  the  very  mod- 
erate tone  of  the  note  J  presented  upon  receipt  of  the  instructions  con- 
tained in  your  No.  12. 

Having  premised  thus  much,  I  proceed  to  state  that  from  the  time  of 


^liF 


fblH'. 


I 


U- 


fi.'^i 


i;iG 


DII'LOMATIC    (lOKUKSl'ONDKNCK. 


tilt'  |iiil)li<*:ili()ii  ol'  (he  uk:iso  r<'>iir«'liii}i'  i\\v  >.'  \V.  Tiiidr,  iiltli(iu{»;li 
1  rcliiiiiud  IVoiii  tiiKiii^  iiny  olliciai  steps  until  1  should  rcccivtt  iii- 
strui'tidus  so  to  «l(».  }r\  I  4iiiiitt((l  1:0  proper  occusitiii  of  iniilvi))ji>  known 
my  priviit*'  <ipinioii  upon  riiat  subjcd  In  con vcirution  with  tlu'.  sccrc- 
tiii  it's  iuul  with  all  su(li  pcrxins  as  1  knew  wcic  habitually  consulted 
upon  questions  of  a  siinilyr  natuK'.  To  Mr.  Sp,ei5nisky,Ciovt^rnoi' (ien- 
eral  of  Siberia,  who  had  been  one  of  the  conn.ittee  oi'i,i;'iinit:in^'  this 
measure,  i  stated  my  objettions  at  length.  He  inlbinied  ine  that  the 
lirst  intention  had  lu'en  (as  Mr.  I'oletica  afterwirds  wrote  you)  to  dt>- 
clart' the  northern  poition  of  the  i'acitic  ()«ean  as  mart  rlini.siim,  hut 
that  idea  beiu}:^  aliandoned.  prcbably  ou  account  of  its  extraxagancc, 
they  detcrmiui'd  1(»  adoi»t  tlie  more  nu)derate  nu^asuic  of  cstablishiiijn' 
limits  to  the  maritinu' jnrisdiction  on  their  coasts,  such  as  shoidd  se- 
cure to  the  IJnssian  Anu'rican  I'lir  Comjiauy  the  mono])oly  of  the  very 
bicrative  trallic  they  carry  on.  In  older  to  d(^  this  they  soujiht  a  prec 
edcut  and  luuini  the  distaiuf  (»l  ."!(» leagues,  named  in  treaty  ot  I'trecht, 
and  which  may  i»e  calculat<'d  at  about  KKl  Italian  miles,  sulhcient  (or 
all  purposes.  I  replied  ironically  that  a  still  lietter  ^ireccdent  miglit 
have  been  jtointcd  out  to  them  in  the  papal  bull  of  Mil.'!,  which  eslab 
lislicd  as  a  line  of  demaKation  litlwcen  the  Spaniards  and  l'ortiigncs(^ 
a  meridian  to  be  drawn  at  the  distance  of  100  miles  west  of  the  A/,or«'s, 
and  that  t'.ie  expression  '*  Italian  miles"  used  in  the  ukase  \«'ry  naturally 
mightlea«l  totheconclusion  that  tliiswasactually  theju'cct'dent  looked  to. 
Jle  took  my  remarks  in  gttod  part,  and  I  am  disposed  to  think  that  this 
conversation  led  him  t(»  make  rellections  which  ;lid  not  tend  to  contirni 
his  first  iiniuer-  ions,  iuf  I  foiind  him  afterwards  at  dilferent  times 
s|)eaking  «'onlidcntiaIiy  upon  (he  subject. 

Kor  sonietiine  past  I  began  to  ]>erceive  (hat  the  i)rovision8  of  the 
ukase  would  not  be  persisted  in.  It  ai)i)ears  to  haxc  been  signed  by 
the  Kmperor  without  snthcicnt  examination,  and  may  be  fairly  consid- 
ered as  having  been  suriei>titiously  obtained.  Tliere  can  be  little 
doubt,  therefore,  (hat  witii  a  little  iiatience  and  management  it  will  b(^ 
molded  into  a  less  object  ionable  shaiie.  lint  in  this,  as  in  other  mat- 
ters, the  rrronor  f/rti(liiiii  is  most  ditlicnlt.  Since  (he  receip(  of  your 
dispa(ch  Nit.  1-  1  have  liad  several  c«mferenccs  with  the  secretaries  of 
state  and  we  haxc  discussed  (ully  and  freely ///c  state  0/ tlictjinstioii 
as  lef(  by  Mr.  I'oletica  with  your  letter  unanswered  in  his  jiocket.  At 
length,  on  the  morning  o(  (he  L'Kli  of  July,  having  learned  that  pre|»ji- 
ration  was  iiiidiiiig  for  the  dei)arture  of  tlu'  I'-mperor  tor  N'ienna,  1  had 
a  conversation  with  Count  (."apodistrias,  in  which  I  infinined  him  that 
I  intended  to  ask  a  formal  interview  with  Count  Ncsselrode  before  his 
departure,  for  the  iaui>ose  of  taking  u})  this  subject  and  urg.  ig  soiue 
decision  ui)on  it,  as  1  never  had  been  able  to  ascertain  otli<rially  whether 
the  otlcnsive  )'ro\isioiis  ol  the  ukase  would  be  revoked.  1  felt  the 
more  anxious,  too,  because  1  had  learned  that  a  Jiussian  Frigi'te  was 
shortly  to  sail  tor  the  N.  W  .  Coas,.  I  intbrmed  him  further  that 
1  had  ])reparcd  a  //<»/<•  nrlxilc  (o  lea\ c  with  Count  Nesselrode,  which  1 
beggi'd  to  be  i>ennit(ed  to  read  to  him  (('ouiit  Capodistrias),  as  i  was 
w«'ll  assured  ol  his  anxious  desire  that  all  things  should  go  on  smoothly 
between  us.     (See  pa]ter  No.  1.) 

.\(ter  hearing  this  ])aiicr  with  attrition  he  said  to  im^:  "  Puisque 
vous  me  faib's  rhonnenr  de  me  coiisulter.  Je  vous  diiai  franchenient 
mon  a\  is.  Si  voas  vonlez  <|ue  la  chose  ^'arrange,  ne  donue/  ]M»iiit 
votrc  note — rKmperenr  a  dcja  en  le  bon  esprit  de  voir  (|.ie  c«'tte  af- 
faire lu' de\  rait  jtas  »'ire  pous(e  plus  loin.  Nous  somnns  dis[)oses  a 
lie  pas  y  donner  de  suite.     Les  oidres  p<»ur  iios  vaiwseaux  de  guerre 


■• 


.. 


C(>RKKSI'(WI)KNOK   OF    1822-1835. 


IflT 


sennit  l»oni('s  A  einiK'clicr  la  omtrehaiulc.  (liins  les  liinilos  rrcnnimcH 
par  UfS  iiiilrcs  piiissantM^s,  en  pi'(Mi:iiif  ih»h  ('•hildissemwis  iirlucls 
l>our  has«'  lU'  <*,«'s  opcnitions.  Do  <;('tte  maiiit'n',  il  n'y  ;iiir:i  pas  dc. 
('oiii|>li('ati()ii  piiiir  (MitiiiA'cr  ia  iii'^'ociatioii  (pi<-  poiiira  i'lilaiiior  M.  lo 
liar(»ii  «h'  Tiiyll  dcs  son  arri'\(''(»  a  VVaHliiiiffton.  Si  voiisditos  qiu^vmis 
taitcs  protestation,  voiis  loic/  dii  tott  alii  iM-^oriation ;  il  iic  taut  pas 
lion  phis  faiiT  riiisinnatioii  t\no  nous  ;xyons  avaiM'c  iiiui  iiijiiste  in-ctcn- 
tioii,  iiK'Hic  t'li  nous  coniplinicniaiit  siii'  iiotrc  politM|ue  passt'c;  il  nc. 
taut  pas  nous  MHiiiiiei- de  nvoipier  this  ordies  (loniics:  nous  iie  levo 
<piotis  pas;  nous  nc  nous  rt'tractons  pas.  Mais  daiiH  Ic  t^'ai'  il  n'y  a  pas 
^^ol•d^^^s  doiincs  (pii  aiitoriscnt cc  (pu'  vous  craiynt-y.." 

Art<'r  iiiiicli  discussion  I  acipiit'st'tMl  in  tliu  soliditrv  oif  Mik"  reasons  lor 
not  »leliv(.riiiK  my  note,  and  immediately  wrote  tw  <'ounl  Nesselrodc^ 
askiiiji:  an  intervi<'\v.  wliicli  was  j^ranted  lor  the  I'Tth  day  of  the  inoiitli. 

At  that  eoiilercncr  I  talU('<l  over  tlu'.  matter  witii  the  two  se(a"etaiie.> 
of  state  and  bron<;lit  fully  to  lluMr  view  tli<^  suhsianrc  of  the  instruc 
tioiis  upon  the  iikasr  of  ttli  Septemi>ei'  last,  insistin^r  upon  the  nercs- 
sity  of  this  (ioverniiM^nt  susp(>iidin^°  the  execution  of  those  re<;ulati<Mis 
whi<-li  violate  the  ;:;eneral  rij^ht  (d'  navij;atinj;' witliin  t  lie  eominou  Juris 
diction  of  all  nations,  and  (lv«;clui'iii;i  that  the  tt'iritorial  pretension  ad 
vaneed  i>y  Russia  must  ln'  considered  as  entirely  inadmissihie  by  tlu^ 
riiite<l  Stat«^s  until  tlu^  eoiiMictin^'  <'Iaims  shall  have  lieeii  settled  by 
treaty.  I  i<'eeived  verbal  assurances  that  our  wish  in  both  respects 
will  be  coiin»lied  with,  aiul  that  it  is  the  intention  of  the  IOm|teror  that 
IJaron  'I'liyll  shall  lici  furnished  with  full  powers  to  adjust  all  <M>iitrover- 
sies  upon  the  subject  of  trade  and  territory  U|)oii  the  N.  \V,  Coast. 
*SMais  en  attendant,''  said  Ct.  Cajiodistrias,  "  votre  ^fouvernineiit 
voiidra  bien  d<''fendre  a  ses  sujets  le  (!oinmei'ee  dans  les  liinites  siijettes 
j\  contestatioii.''  In  answer  to  this  apostrophe  I  represeiit<'d  that  this 
could  ne-t  possibly  be  done  without  adinittiiiff  the  ex<'lusive  rijihts  of 
liussia,  and  that  until  those  should  be  made  manifest  our  (Jovernnient 
has  no  authority  to  inhibit  its  citizens  from  exercjisiiiy  their  free  indus- 
try within  the  limits  sanctioned  l>y  the  laws  of  their  country  and  ot  na- 
tions. 

I  thought  it  necessary  to  jjfive  oflicial  form  to  these  verbal  conimuni- 
cations,  and  upon  statinj>' this  to  the  se<!retaries  //  ira,s  (u/rrcil  tin  i,  I 
should  simply  <r.s7i'  to  he  informed  irliot  iras  intrntlcd  by  the  Impe  iai 
(Joveriiment,  and  they  promised  that  the  answer  should  be  satisfactory, 
linnicdiately  on  my  vet  urn  home  I  penned  the  note  No.  2,  and  rece  ved 
in  answer,  upon  the  1st  of  this  month,  that  numbered  ."{. 
I  have  the  honor  to  be  sir,  etc.,  etc., 

IIenhy  Middlkton. 

I'.S. — A  Russian  fri{;ateot'  44  {junsand  lL'(>inen,(!oiiiniaiHb'd  bytJapt. 
Lieut.  La/.arotf,  sailed  about  tlie  1st  of  August  (O.  S.),  in  company 
with  a  Norse  ship,  bound  for  the  N.  \V.  Coast. 

The  Skckktaijv  oi'  STAiii:  of  the  United  Wtates, 


I 


u 


»ST.  PETJiUyiJUi;*.,  AlKJHSt  y'^u,  18: 


>»> 


[Inclosure  No.  1— I'rttpared,  but  not  delirorcd.] 
Note  verbale. 

TIio  <'i)rn>H|ton<1«ii('«  of  tlic  I{iissiaii  Ijivny  in  tln'  CnittMl  StatfH  nf  Anierirn  witli  flio 
tSe'.'i'i.'tiiry  ui'Stal(;  nl'thiil  (iovuruiuuiil  lia.s  prolmltly  given  tlie  liiipfiiiil  (iuNei'iiiiieiiti 

is 


k 


i 


138 


DI  PL(1M ATIC   COKRKSr(  )NDENCE. 


i#'-: 


m 


m 


n  Niirticifiil  kno\vl(«lK<'  of  tln'  weighty  lousons  Miat  liavc  iiidiicoil  tlicOovcrnintMif  of 
ihv  s;\U\  Stiilt's  to  iirotfst  iif^'iiii)8t  the  rliiin^OH  iidkIo  in  tlit' ro^iiliitioiis  {i>iiv)'i'iiiii^ 
lori^i;;!!  i'i)iniii)<t'<'o  in  tiioHc  piirls  ol'  tin-  Uimsian  poNst>sNi<>n8  that  ar<>  .sitiiatud  on  tl>u 
I'aciliccoiiHt. 

II'  all  tlio  ])*>W4>rB,  and  espiu-iully  coniniiTcial  nations,  art'  intcrostcd  in  tlii>  niain- 
tenancf  ot  iiiariliniu  ii}i;hts  uniniimirod,  it  is  not  to  ho  ilonlttcd  lliat  tln^  I'lcHidcnt  of 
tlio  I'niti"'  States  lias  It-.tincil,  .villi  the  »ie«i»c>8t  con<'ein,  that  the  ji foresaid  re;;ula- 
lations  liave  been  sanctioned  l»y  a  |>4i\ver  wliivli  lias  lonfj;  lte«Mi  fondly  retjariUMl  as  a 
]ir<)teelur  of  lUe  freedom  of  navi;;'ation  against  all  nnjnst  pie'.ensiDns;  for  lie  must, 
wllli  reason,  fear  the  iiilln<-iiee  of  siieii  an  exaiii|!!r,  and  iiiiist  also  fear  lest  nalioiiH 
])ossesNin<r  |ire)ionderatin^  |i<nverat  sea  mnyavail  Miemsclves  thereof  fo  Justify  iilnises 
of  ptiwer  by  the  example  of  those  ^vlli<'ll  should  hf,  must  interested  in  iipholdin<;  iho 
nniversal  rights  of  nations. 

Since  tin'  I'r'-.'ident  eannot  close  his  eyes  to  the  fact  that  ]>nl>lieo])inion  is  ^I'cMtly 
opposed  to  t!  I'so  re;;ulations,  un<l  is  fully  (Miiivineed  thiit  it  is  (|iiile  impossildc  for 
the  I'niled  .">',ites  (iovernnient  to  aeouiesee  in  them,  he  has  thoiiKht  pro]ier,  not  (inly 
in  view  of  his  feelinjiH  of  fri<'nd8iiip  for  His  M.-iJesty  the  Kniperor  of  all  tli«  Kiissias, 
Init  id'  the  iipri<;lilness  of  intention  of  which  he  is  conscious,  jind  of  the  tVanUness 
which  he  uses  on  all  occasions,  not  to  leave  the  Imperial  (ioverninenl  in  niu'erlainly 
with  rcftard  to  his  delerinination  ton])hold  the  rifjhts  and  interests  of  his  fellow-cit- 
izens, and  to  insist  that  the  I  idled  .stales  and  their  8u)»jects  shall  still  have,  as  they 
have  had  in  the  jiast,  full  liherty  to  sail  in  the  I'acilii'  Oi'ean  aiidotf  the  coasts  of  tin* 
ueijj;hliorin<;-  connlries  within  the  limits  reco;;iii/,ed  hy  the  law  of  nations. 

A  careful  perusal  of  the  corresi(on<l;  uce  which  has  recently  been  exehauf^tHl  at 
AVashinu,tou  in  relation  to  the  afon'said  rcfjnlations  eaunot  fail  to  show  that  a  statti 
of  wur  between  the  two  powers  exists  already,  owinjj  to  the  principles  that  have- 
been  avowe<l  on  both  sides.  Nothing  is  lacking  to  make  this  complete  ex<'ept  a> 
declaration  or  acts  of  vi(denee.  which  latter  eaunot  be  long  in  coming',  unless  pre- 
cautionary uu-asurt's  be  at  oui'e  tak<'U. 

It  is  especially  owiuj:  to  this  circumstance  that  the  departure  of  Mr.  I'olelica, 
vrithont  having  been  authori/.eil  to  enter  upon  a  discussion  of  our  uiutuiil  rights  and 
duties,  is  to  lie  regretted. 

Under  present  circumstances  it  is  very  desirable  that  there  should  be  a  sus))ension 
of  the  territorial  claims  of  Russia  to  the  border  regions  of  tht^  Tnited  .states,  with- 
out ])ri'Jiulice  to  the  respeclive  rights  of  the  powers  interested,  nntii  the  settlement 
of  the  boundaries  by  a  treaty,  but  it  is  esi)e('ially  necessary,  for  the  avoidance  of 
any  complications  that  might  arise  through  hostilities,  tiiat  the  K'lissiau  (iovern- 
nient should  abstain  from  }iiitt)iig  into  execiitiou  the  measures  ordered  by  the  uk.'ise 
of  .Seiiteuiber  4,  1821,  and  that  it  should  consent  to  revoke  the  orders  issued  to  its 
vessels  of  war,  if  any  such  have  been  issued  autluu'izing  tlKise  uieasures  to  be  jiut 
into  execution. 

In  the  fear  id' . jeopardizing  more  important  interests  than  those  just  now  under 
cousideralion.  and  iii  order  not  to  run  any  risks  tluit  foresight  may  itreveni,  the 
undersigned  deems  it  his  duty  to  make  this  representation,  and  he  etirnestly  hopes 
th;it  the  Imperial  (M)verniiient  will  see,  and  will  avert  by  acting  upon  these  sugges- 
tions, the  <langers  which  threaten  to  ilisturb  the  good  understanding  which  so  iiap- 
pily  exists  between  the  two  connlries. 

.    (SignadJ    H'y  Midklkiun, 

Sr.  I'KTKKsnuuG,  July  ^Ith,  ISJJ, 


'f 


[Inclitsiiri'  X(i.2.] 

The  undersigned,  Envoy Kxtrnordinary  and  Minister Plcniiiotonliaiy  of  thoT'?iit<'d 
.States  of  America,  has  the  lionoi'  to  call  the  arteution  of  his  excellency  th«  S:cietary 
ol  State,  Count  Nesselrode,  to  tln>  correspondence  which  has  recently  taken  place 
liet  veeii  the  Knvoy  of  Russia  in  the  United  .states  aiul  tlm  Secretary  of  State  (d"  the 
United  States. 

The  corresiiondeiici*  has  )irolialdy  sudicientiy  made  known  the  reasons  which  the 
I'uited  States  have  all<  Lie<l  foruot  agreeing  to  the  regulations  adopted  by  the  Russian 
American  Coinpiiny  for  the  government  of  foreign  cominerce  in  those  parts  of  liieir 
liossessioTis  Ilnil  are  on  I  lie  I'acilic  eoiist. 

M^  I'ojelicas  departure  from  the  United  Stiites.  without  having  been  authorized 
to  cuter  niiire  fully  upon  llie  discussion  (d'  mir  reciiirocal  rights  and  duties,  is  lo  be 
ii'urctled  exceedingly,  liecanse  the  divergence  of  tlie  opinions  a>i'we(l  mi  Imlii  sid' s 
in.iy  !;i\e  rise,  by  its  duration,  to  acts  of  violence  which  will  occasion  annoying 
complications, 

III  the  ini'an  tinu'  tlie  undersigned  decuis  it  his  duty  to  ini|uire  what  tin-  intentions 


COKRK8f(WDKN('K    OV   1K22-1825. 


131) 


of  Mit'  Iin|M'riiil  nuveriiinciit  arc  hh  n^;^iir(lH  tlio  iiii'iisiirrs  to  1)<-ail<i)it<-(1  for  the  avoid- 
aii<'*>  <irt;li(^  ('oiii|ilioatioiiH  whic.li  svoiild  lie  tli«  outcuiiio  of  tlii<  peM-iiiptovy  cxrciiliou 
of  the  afoi-*!Haiil  rr^iilations. 

Tlio  iiiiilri'Mi;rii<;iT  llatti-rs  liinisclf  that  tliu  [m|ii^rial  <!ovi-niiiiiMit  will  regard  this 
Htrp  simply  as  llio  result  of  his  uanutst  desire  to  avert  the  daiij;ers  whieli  Mii;;iil. 
Ilirealeii  to  distlirli  the  •;ooil  iiiidi!rstaildili>>;  whieh  so  happily  ttxistH  liet  weoii  the  two 
powers,  and,  awaiting  a  favorahle  reply,  lie  has  the  honor  torc^iiow  tohis  I'.xcudleiicy 
tlie  Seeri'tary  of  State  the.  aHsiirantut  of  his  liijjh  eoiisiileratiou, 

(Sijjiied;  ll'v  MiDDi.inoN. 

St,  i'KiKUsm  it(i,  July  :i7lh,  1S22. 


ri 


.. 


[Inclimnru  N'o.  3.] 

The  midorsljjiied  Secretary  of  Stato,  aetiii};  Minister  of  Forr-ifjii  Affairs,  hastened 
t(»  lay  heforo  the  l<jni)eror  the  noto  which  Mr.  Middleton,  Knvoy  l'',\ti'aordin:iry  and 
Minister  I'lenipoteiitiary  of  the  United  Slates  of  America,  addresstid  to  hiin  on  the 
27th  nitinio,  callin<;  the  attention  of  the  Imperial  Ministry  to  the  corrcsjiondtMice 
which  has  passed  htttwi^en  the  Knvoy  of  Uiissia  at  Wushinirton  and  the  I'nited  Stales 
(HiverninenI,  with  re<;ard  to  <H-rtain  clauses  of  Mie  regulations  issued  Scptcmliei'  i',,, 
ISL'I,  whicli  were  desi|{ned  to  protect  the  interests  of  Russian  (;omiuerce  on  the 
Northwest  Coast  of  North  Ameri(;a. 

Itcinn'  actuated  hy  the  (constant  desire  to  maintain  in  all  their  inte;ri'i(y  tjic  friendly 
relations  existing  between  the  court  of  Russia  !iiid  the  I'niti'd  States  (;ov<'rnment, 
t lie  Kin)ieroi' has  lieeii  pleased  to  forestall  the  wishes  which  lia\'e  Just  heiMi  made 
known  to  him.  Major-(ieueral  ISaroii  de  Tuyll,  who  has  Ixhmi  uppoint(;d  to  the  post 
that  was  filled  liy  Mr.  de  I'cdetica,  received  orilers  ti»  devote  himscH'  to  tlie  impor- 
tant task  whiih  his  iiredt!c«!SSor  would  have  jierformed  hud  the  state  of  his  health 
allowed  him  to  itrolon^  his  stay  in  America. 

Ilavin*;;  no  douht  of  the  friendly  disposition  which  will  he  manifested  liy  the 
American  (Jttvcrnment  in  the  ne<;otiations  which  are  ahont  to  lie  set  en  foot  liy(i(Mi- 
eral  'I'liyll,  and  feclinj:;  assured  in  a<lvancc  that,  liy  u  series  of  these  same  iie<rotia- 
tions,  the  interests  of  the  commerce  of  the  Kussian  .Vmerican  <'om|i:iny  will  lie  )ire- 
served  from  all  injury,  tins  Kmperor  has  caused  the  vessels  of  tlii'  Imperial  Na\y 
which  are  aliout  to  visit  the  Northwest  Coast  io  lie  furnished  with  instruct  inns 
which  ar<'  very  much  in  keejiiiifj  with  theoliJtM't  that  liotli  (ioverniucnts  desire  to 
attain,  hy  mutual  explanations,  in  a  spirit  of  Justice,  haruiony,  and  fiicndship. 

Having  thus  removed,  so  far  as  he  is  concc'riied,  everythiuK  that  miH;lil  liave;;ivcn 
rise  to  the  acts  of  violence  which  the  Anierican  (ioxernmeiit  seems  to  have  lieeii 
lonjj  ilipiehendinur.  His  Imperial  Majestv  trusts  that  \\u'  I'ri'sideiit  of  the  I'nittsd 
States  will,  ill  tiii'ii,  adopt  such  measures  as  his  wImIoiii  inay  suK<rcst  to  him  as  best 
adapted  to  rectify  all  those  errors,  that  have  heen  iiitensilicd  hy  that  mali;voleiice 
which  seeks  to  misconstrue  intentions  and  jeopardi/^e  the  amiealile  relations  of  the 
two  (ioveiiimeiils. 

merchants  <if  the  United  States  shall  li<;come  con- 
have  aristiii  in  c<innectioii  with  t!it;  regulations  of 
'iifioii.  .lud  that  it  is  lirinly  |iiir;iosed  to  tiring  them 
uall\  >iil  isfactory,  under  tlic  auspices  of  justice  and 
4if  our  iinaltttrahle  friendslii)i,  then  <.  ill  it  lie  iin]iossilile  for  tlie  surveillance  which 
the  vessels  of  the  Imperial  Navy  Koinjr  t(,  the  North  wi-*)  Coast  of  America  a  re  directed 
liy  the  new  instructions  to  exercise  there,  ever  to  K'**'  ''i^e  to  unpleasant  compliea- 
tious. 

The  iindersij^ned,  eiitertainin<r  this  cenviction.  whicdi  will  douhtless  he  shared  hy 
Mr.  Middleton,  has  hut  to  add  to  the  commniiicnt  ions  whi<  li  he  has  liceii  ordered  t<» 
jiiake  in  reply  to  the  note  of  .July  27th,  the  a--uraiife  ot  hiti  very  distinfiuisheil 
consideration. 

(Sifjned)  Kksski.RoUE. 

St.  ri:ri:i!SUL'un,  Augimt  Ixt,  rS2,l'. 


As  soon  as  the   ship,      s   and 
vinccd  that  the  <|uestii'ii^  v»  liici 
Septemlier  l-lti  are  rtM'cn  injj  .-ill 
to  a  decision  that  shall  he  inuti 


Baron  Tuyll  to  }fr.  A<li(tns»  \ 

[TraiiHliitloii.] 

Washington,  April  13  (Sf),  1R-73. 
Tlio  iindorsipiod,  Riivoy  ICxtiaiHtliiiary  iHKlMiiiistoiIMcnipotciifiiiry 
of  His  Maji'sty  the  liinperor  of  all  the  KuHsias  near  the  United  Htates 


140 


DIPLOMATIC    CORRKSPONUENCfi. 


^!^i 


U,V' 


Hi 


of  Aineiica,  has  had  the  honor  to  express  to  Mr.  Adams,  Secretary  of 
State,  the  desire  of  the  Emperor,  his  master,  who  is  ever  animated  by 
a  sincere  friendship  toward  the  United  States,  to  see  the  dis<'Ussions 
that  have  arisen  between  the  cabinets  of  St.  Petersbnrg  and  Washing- 
ton, npon  some  i)rovi8ious  contained  in  the  ukase  of  the  4th  (16th)  of 
September,  1821,  relative  to  tlie  Russian  possessions  on  the  northwest 
coast  of  America,  terminated  by  means  of  friendly  negotiation. 

Tliese  views  of  His  Imperial  Majesty  coincide  with  the  wish  expressed 
sometime  since  on  the  part  of  the  United  States  in  regard  to  a  settle- 
ment of  limits  on  the  said  coast. 

The  ministry  of  the  Emperor  having  induced  the  British  ministry  to 
furnish  Sir  Charles  Bagot,  ambassador  of  His  Majesty  the  King  of  Eng- 
land near  His  Imperial  Majesty,  with  full  powers  necessary  for  the 
negotiation  abcmt  to  be  set  on  foot  for  reconciling  the  ditticn'ties  exist- 
ing between  the  two  courts  (m  the  subject  of  the  northwest  coast,  the 
English  Government  is  desirous  of  acceding  to  that  invitation. 

The  undersigned  has  been  directed  to  communicate  to  Mr.  Adams, 
Secretary  of  State,  in  the  name  of  his  august  master,  an<l  as  an  addi- 
tional proof  of  the  sentiments  entertained  by  His  Imperial  Majesty 
towards  the  President  of  the  United  States  and  the  American  (iovern- 
ment,  the  expiession  of  his  desire  that  Mr.  Middleton  be  also  furnished 
with  the  necessary  powers  to  terminate  with  the  Imperial  cabinet,  by 
an  arrangement  founded  on  the  principle  of  nuitual  convenience,  all 
the  ditteren<'es  that  have  arisen  between  Russia  and  the  United  States 
in  ccmsequence  of  the  hiw  published  September  4  (10),  1821. 

Tiie  undersigned  thinks  he  may  hope  that  the  Cabinet  of  VV^ashing- 
ton  will,  witli  pleasure,  accede  to  a  proposition  tending  to  facilitate  the 
completion  of  an  arrangement  based  upon  sentiments  of  mutual  good 
will  and  of  a  nature  to  secure  the  interests  of  both  countries. 
He  profits,  etc., 

TUYLL. 


ii^fl 


Mr,  Adams  to  Baron  TuyU. 

Department  of  State, 

WuHhingtou,  Mai/  7,  1S2.3. 

The  undersigned,  Secretary  of  State  of  the  United  States,  has  sub- 
mitted to  the  consideration  of  the  President  the  note  which  he  had  the 
honor  of  receiving  from  the  Baron  de  Tuyll,  Envoy  Kxtraordinary  and 
Alinister  Plenipotentiary  from  Ilis  Imperial  Majesty  the  Emperor  of  all 
the  Russias,  dated  the  i2th  (24th)  of  tlie  last  month. 

The  undersigned  has  been  directed,  in  answer  to  that  note,  to  assure 
the  Baron  de  Tuyll  of  the  warm  satistiution  witli  which  the  Pi-esident 
receives  and  appreciates  the  friendly  dispositions  r.f  Ilis  Imperial 
Majesty  toward  the  United  States;  dis]i(>sitions  which  it  has  been,  and 
is,  the  earnest  desire  of  the  American  (Jovernnient  to  meet  with  corre- 
si)onding  returns,  and  which  have  been  hmg  cemented  by  the  invariable 
friendship  and  cordiality  which  have  subsisted  between  the  United 
States  and  His  ImjM'nal  Majesty. 

Penetrated  with  these  sentiments,  and  anxiously  seeking  to  promote 
their  i)er])etuation,  the  President  readily  accedes  to  the  proposal  that 
the  raliii-^ter  of  the  Unittd  ^States  at  the  court  of  Ilis  Imperial  Majesty 
sliould  be  furnished  with  powers  tor  negotiating,upon  principles  adapted 


CORRESPONDKN(!K    OF    1822-1825. 


141 


to  those  sentiments,  the  suljustnieut  of  the  iiiteicsts  and  lij^lits  wliicli 
have  been  brought  into  collision  npon  the  northwest  coast  of  Auu'ri<*a, 
and  wlii<!h  have  heretofore  formed  a  subject  of  correspondence  between 
the  tw)  Governments,  as  well  at  Wasliington  as  at  8t.  Petersburg. 

The  andersigned  is  further  commanded  to  a<ld  that,  in  pursuing,  for 
the  adjustment  of  the  interests  in  (juestion,  tliis  course,  equally  congenial 
to  the  friendly  feelings  of  this  nation  towards  IJussia  and  to  their  reliance 
upon  the  justice  and  niagnanindty  of  his  Imperial  Majesty,  tiie  President 
of  the  United  States  contides  that  the  arrangements  of  tlie  cabinet  of 
St.  Petersburg  will  have  suspended  the  possibility  of  any  conse(pien('es 
resulting  lirom  the  ukase  to  which  the  Baron  de  Tuyll's  note  refers  which 
could  attei't  the  just  rights  and  the  lawful  commeroe  of  the  Tnited  States 
«luring  the  amicable  discussicm  of  the  subject  between  the  Governments 
respectively  interested  in  it. 
The  undersigned,  etc., 

John  Quincy  Adams. 


Mr.  Adams  to  Mr.  Middleton. 

No.  16.]  Depar'I'ment  of  State, 

WashitiytoH,  Jul  if  x!-J,  is  03. 

Sir:  I  have  the  honor  of  inclosing  herewith  cojnes  of  a  note  from 
Baron  de  Tuyll,  the  Russian  minister,  recently  arrived,  i»roiM»sing,  on 
the  part  of  His  Majesty  the  Emperor  of  iinssia,  that  a  i)ower  should  be 
transmitted  to  you  to  enter  ui)on  a  negotiation  with  the  ministers  of  his 
Government  concerning  the  differences  which  have  arisen  from  the 
Imi)erial  tikase  of  4th  (16th)  September,  1821,  relative  to  the  northwest 
coast  of  America,  and  of  the  answer  from  this  JJei»artment  acceding  to 
this  jn'oposal.  A  full  power  is  accordingly  inclosed,  and  you  will  con- 
sider this  letter  as  communicating  to  you  the  President's  instructions 
for  the  c<niduct  of  the  negotiation. 

From  the  tenor  of  the  ukase,  the  pretentions  of  the  Imi)erial  Govern- 
ment extend  to  an  exclusive  territorial  jurisdiction  from  the  forty-fifth 
degree  of  north  hititude,  on  the  Asiatic  coast,  to  the  latitude  of  fifty  one 
north  on  the  western  coast  of  the  Ameri<'an  contin*'iit;  and  they  as- 
sume the  right  of  interdicting  the  navigati(»n  and  the  fishery  of  all 
other  nations  to  the  extent  of  10<)  miles  from  the  whole  of  that  coast. 

The  LTnite*!  States  can  admit  no  part  of  these  claims.  Their  right  of 
navigation  and  of  fishing  is  perfect,  and  has  been  in  c(mstant  exercise 
iTomtltt!  pm4iest  times,  after  the  peac**  of  17S.'5,  throughout  the  whole 
extent  of  the  Southern  Ocean,  subject  only  to  the  <»rdinary  exceptions 
an«l  exclusions  of  the  territorial  jurisdictions,  whi«'h,  so  far  as  Russian 
rights  Jire  concerned,  are  confined  to  certain  islands  noith  of  the  fifty- 
tifth  degree  of  latitude,  and  have  no  existence  on  the  contiin'iit  of 
America. 

The  correspondence  between  Mr.  Poletica  and  this  Dei)ai'tment  con- 
tained no  discussicm  of  the  prin<'iples  or  of  the  facts  upon  which  he  at- 
tempted the  justification  of  the  lmi)erial  ukase.  This  was  i)urpos('ly 
avoided  on  our  part,  under  the  expectation  that  the  Imperial  Govern- 
ment cc  mid  not  fail,  upon  a  review  of  the  measure,  t(>  revoke  it  alto- 
gether. It  did,  however,  ex<'ite  much  public  animadversion  in  this 
country,  as  the  ukase  its 'If  had  already  done  in  Kiigland.  I  inclose 
herewith  the  North  American  Review  for  October,  1822,  No.  37,  which 


I 


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142 


DIPLOMATIC   CORRESPONDENCE. 


contains  an  article  (p.  .VTO)  written  by  a  person  fully  master  of  the  sub- 
ject; and  for  the  view  of  it  taken  in  England  I  refer  you  to  the  fifty- 
se<'«(nd  number  of  the  Quarterly  He  view,  the  article  upon  Lieutenant 
Kotzebue's  voyaj'es.  From  the  article  in  the  North  Aiaerican  Review 
it  will  be  seen  tiiatthe  rijuhts  of  discovery,  of  occupancy,  andof  uim-ou- 
tested  possession,  iillcge<l  by  Mr.  Poletica,  are  all  without  foundation 
in  fa(!t. 

it  does  not  appear  that  there  ever  has  been  a  permanent  Russian 
settlement  on  this  continent  soath  of  latitude  59°,  that  of  New  Arch- 
angel, cited  by  Mi-.  Poletica,  in  latitude  57°  30',  being  upon  an  island. 
So  far  as  iirior  discorcrt/  can  constitute  a  foundation  of  right,  the 
papers  which  I  have  referred  to  prove  that  it  belongs  to  the  United 
Stakes  as  far  as  59°  north,  by  the  transfer  to  them  tf  the  rights  of 
Si)ain.  There  is,  however,  no  part  of  the  globe  where  the  mere  fact  of 
discovery  could  be  held  to  give  weaker  claims  than  on  tiie  ncnthwest 
coast.  "The  great  sinuosity,"  says  Humboldt,  "  formed  by  the  coast 
between  the  fifty-Hfth  an<l  sixtieth  parallels  of  latitude  em\>race8  discov- 
eries made  by  (lali,  Beliring  and  Tchivikotl",  Quadra,  Cook,  La  Perouse, 
Malespier,  and  V'anconver.  No  European  nation  has  yet  formed  an 
establishment  upon  the  immense  extent  of  coast  from  ( -ape  Mendocino 
to  the  fifty-ninth  degree  of  latitude.  Beyoiid  that  limit  the  Russian  fac- 
tories commence,  most  of  which  are  scattered  and  distant  from  each 
other,  like  the  factories  established  by  the  European  natitnis  for  the  last 
three  centui'ies  on  the  coast  of  Africa.  Most  of  these  little  Russian 
colonies  connnunicate  with  each  other  only  by  sea,  and  the  new  denom- 
inations of  Hussian  America,  or  Russian  ])ossessions  in  the  new  conti- 
nent, must  not  lead  us  to  believe  that  the  coast  of  Behring's  Bay,  the 
peninsula  of  Alaska,  or  the  country  of  the  Ischugatschi  have  bec<mie 
Russian  provinces  in  the  same  sense  given  to  the  word  when  speaking 
of  the  Spanish  provinces  of  Sonora  or  New  Biscay."  (Humboldt's 
New  Spain,  Vol.  ii.  Book  3,  chap.  <S,  j).  49<i.) 

In  Mr.  Poletica's  letter  of  28th  February,  1822,  to  me,  he  says  that 
when  the  Emperor  Paul  I  granted  to  the  present  Ameri(;an  Company 
its  first  charter,  in  1799,  he  gave  it  the  exclufdre  posnefision  of  the  north- 
west coast  of  America,  which  belonged  to  Russia,  from  the  fifty-fifth 
degree  of  north  latitude  to  Bering  Strait. 

In  his  letter  of  2«l  of  April,  1822,  he  says  that  the  charter  of  the  Rus- 
sian American  C()mpan3%  in  1799.  was  merely  conceding  to  them  a  part 
of  the  sovereignty,  or,  rather,  certain  erchisire  privileges  of  commerce. 

This  isthe  most  correct  view  of  the  subje(;t.  The  Emperor  Paul  granted 
to  the  Russian  American  Company  certain  exclusive  i)rivileges  of  com- 
merce— exclusive  with  reference  to  other  Russian  subjects;  but  Russia 
had  never  before  asserted  a  right  of  sovereignty  over  any  part  ()f  the 
North  American  continent,  and  in  1799  the  people  of  the  United  Stat«'s 
had  been  at  least  for  twelve  years  in  the  constant  and  uninterrupted 
enjoyment  of  a  profitable  trade  with  the  natives  of  that  very  <!oast,  of 
which  the  ukase  of  the  Emperor  Paul  could  not  de|)rive  them. 

It  was  in  this  same  year,  1799,  that  the  Russian  settlement  at  Sitka 
was  first  made,  and  it  was  destroyed  in  1802  by  the  natives  of  the 
country.  There  were,  it  seems,  at  <^he  time  of  its  destruction,  three 
American  seamen  who  ])erished  with  the  rest,  and  a  new  settlement  at 
the  same  place  was  made  in  1804. 

In  1808  Count  Romanzott",  being  then  Minister  of  Foreign  Affairs  And 
of  Commence,  addressed  to  Mr.  Harris,  consul  of  the  United  States  at 
St.  Petersburg,  a  letter  complaining  of  the  trjittic  carried  (m  by  citizens 
of  the  United  States  with  the  native  islanders  of  the  northwest  coast, 


CORRESPONDENCE    OF    18l.'2-1825. 


143 


inftfenrl  of  trading  with  the  Russian  p()ssession.s  in  A  nierica.  Tlie  Count 
stated  that  the  Russian  Company  liad  represented  tliis  traflie  as  chin- 
defiHiie,  by  wliich  means  tlie  savage  isUonlrrs,  in  excliaiige  for  otter 
skins,  liad  been  furnished  witli  firearms  and  powder,  witii  which  they 
had  destroyed  a  Russian  fort,  witii  the  loss  of  sevend  lives.  Ho  ex- 
]»ressly  disclaimed,  however,  any  disposition  on  the  pai't  of  lliissia  to 
abridge  this  traffic  of  the  citizens  of  the  United  States,  but  proposed  a 
convention  by  whicli  it  should  becarriei  on  rrchisireli/  with  the  agents 
ot  the  Russian  American  Comi)any  at  Kadiak,  a  small  islanil  near  the 
pronnmtory  of  Alaska,  at  h'ast  7(»(>  miles  distant  from  the  other  settle- 
nuMit  at  Sitka. 

On  the  4th  of  January,  1810,  y\v.  I).ischki>tt',  charg('Mraftaire-5  and 
consul  general  from  Russia,  renewed  tliis  proposal  of  a  convention,  and 
requested  as  an  alternative  that  thf  United  States  should,  by  a  legis- 
lative act,  prohibit  tlie  trade  of  their  (iitizens  with  the  natives  of  the 
northwest  coast  of  America  as  nnhuvful  and  imr/ular,  and  thereby 
induce  them  to  carry  on  the  trade  exclusively  witii  the  agents  of  the 
Russian  American  Company.  The  answer  of  the  Secretary  of  State, 
dated  the  oth  of  May,  1810,  decliiu's  those  proposals  for  reasons  which 
were  then  satisfactory  to  the  Russian  Government,  or  to  which  at 
at  least  no  reply  on  their  part  was  mad*'.  Copies  of  these  pap«'rs  and 
of  those  containing  the  instructions  of  the  minister  of  the  United  States 
then  at  St.  Petersburg,  and  the  relation  of  his  conferences  with  the 
chancellor  of  the  empire.  Count  Romanzoff,  on  tliis  subject  are  here- 
with inclosed.  By  them  it  will  be  seen  that  the  Russian  Government 
at  that  time  explicitly  <leclined  the  assertion  of  aiiif  boundary  line  upon 
the  northwest  coast,  and  that  the  proposal  of  measures  forcontining  the 
trade  of  the  citizens  of  the  United  States  exclusively  to  the  Russian 
settlement  at  Kadiak  and  with  the  agents  of  the  Russian  American 
Company  had  been  made  by  Count  Romanzoff  under  the  impression 
that  they  woidd  be  as  advantageous  to  the  interests  of  the  United 
States  as  to  those  of  Russia. 

It  is  necessary  now  to  say  that  this  impression  was  erroneous;  that  the 
traffic  of  the  citizens  of  the  United  States  with  tiie  iiativesof  the  iiorth- 
w«'st  coast  was  neither  clamlesfhif,  nor  unlawful,  nor  irregular;  that 
it  had  been  enjoyed  many  years  Itefore  the  Russian  American  Company 
existed,  and  that  it  interfered  w'ih  no  lawful  right  or  claim  of  Ilussia. 

This  trade  has  been  shared  also?>y  tlu'  Knglish,  French,  and  Portu- 
guese. In  the  prosecution  of  it  the  English  settlement  of  N<»otUa  Sound 
was  made,  which  occasioned  the  differences  between  Great  Britain  and 
S|>ain  in  1781>  and  1790,  ten  years  before  the  ICussian  American  Com- 
pany was  tirst  chartered. 

It  was  in  the  prosecution  of  this  tra<le  that  the  American  settlement 
at  the  mcmth  of  the  ('olnmbia  River  was  made  in  1811,  which  was  taken 
bv  the  British  during  the  late  war,  and  formally  rest(«ed  to  them  on 
tiw  (ith  of  October,  1818.  By  the  treaty  of  the  L'lM  of  February,  18B>, 
with  Spain,  the  IJuited  States  acquire«lall  the  righti  of  S[miii  north  of 
latitude  42'^;  ami  by  the  third  article  of  the  convention  between  the 
United  States  and  Great  Itritain  of  the  iMHh  of  October,  1818,  it  was 
agreed  that  any  c«mutry  that  might  be  claimed  by  either  party  on  the 
muthwest  coast  of  America,  westward  of  the  Stony  Mountains,  should, 
togetlH'r  with  its  harbors,  bays,  an<l  creeks,  and  tlu^  navigation  of  all 
rivi'rs  within  the  same,  be  free  and  open  for  the  term  often  years  from 
that  date  to  the  vessels,  citizens,  and  subjects  of  the  two  powers,  with- 
out prejudice  to  the  <'laims  of  eitln-r  party  or  of  any  otl'cr  State. 

You  are  authorized  to  propose  an  article  of  tl^e  sauie  imjjort  for  a 


I 


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144 


DIPLOMATIC    COUUKSFONDKNCK. 


tonii  of  toil  yt'iii's  froiii  tlio  si^jiiatiir*^  of  a  Joint  <!onventioii  between  the 
riiitrd  States.  (Ircat  I»ritain,  iiiul  Itiissia. 

The  rij-lit  of  tlie  L'iiite(l  States  from  the  forty  second  to  the  forty-ninth 
])aranel  of  hititnde on  the  l*acitieOe«'an  we  eonsider  as  nininestionahle, 
lieinji  foiindiMl,  lirst,  on  the  acquisition,  by  the  treaty  of  Febrnary  21i, 
1S19,  of  all  the  rights  <»f  Spain;  second,  by  the  discovery  of  the  (!o- 
liinibia  KIvcm-,  tirst  from  sea,  at  its  month,  and  then  by  land,  by  Lewis 
and  Clarke;  and  third,  by  the  setth'inent  at  its  mouth  in  LSI  I.  This 
territory  is  to  the  I'liited  Stat«^s  <)f  an  importance  which  no  possession 
in  Xorth  America  can  bo  to  any  Hiirojiean  nation,  not  only  as  it  is  but 
the  tMHitinnity  of  their  possessions  from  the  Atlantic  to  the  Pacific 
Ocean,  but  as  it  olfers  tlieir  inhabitants  the  means  of  establishing  here- 
after water  coiiimniiieations  from  the  one  to  the  other. 

It  is  not  conceivable  tliat  any  possessi(ni  upon  the  continent  of  North 
America  should  be  of  use  or  importance  to  Uussiafor  any  other  piirpos«^ 
than  that  of  trallic  witli  the  natives.  This  was,  in  fact,  the  iiuhicement 
to  tlie  tbrmation  of  the  Kussian-Aineri<'an  Company  and  to  the  charter 
granted  them  by  the  Emperor  Paul.  It  was  the  induceuient  to  the 
ukase  of  the  Emi)eror  Ah'xander.  Uy  ottering  free  and  equal  axieess 
for  a  term  of  years  to  iiavi{jati<m  and  intercourse  with  the  natives  to 
B.ussia,  within  th<>  limits  to  which  our  claims  are  indis]mtable,  we  e<Mi- 
cede  much  more  than  we  obtain.  It  is  not  to  be  doubted  that,  h)iig  be- 
fore the  expiraticHi  of  that  time,  our  settlement  at  the  mouth  of  the 
Columbia  lliver  will  beconn'  so  consi«lei'able  as  to  offer  means  of  useful 
commercial  interc«)urse  with  the  llussiau  settlements  on  the  islands  of 
the  northwest  coast. 

With  regard  to  the  territorial  claim,  separate  from  the  right  of  traffic 
with  the  natives  aud  from  any  system  of  colonial  exclusions,  we  are 
willing  to  agree  to  the  boundary  line  within  which  the  Emperor  Paul 
had  granted  exchisive  privileges  to  the  Russian  American  Company, 
that  is  to  say,  latitude  53°. 

If  the  Russian  (lovernment  apprehend  serious  inconvenience  from  the 
illicit  traltic  of  foreigners  with  their  settlements  on  the  northwest  <'oast, 
it  may  be  ettectnally  guarded  against  by  stipulations  similar  to  those, 
a  draft  of  which  is  herewitli  subjoined,  Jiiul  to  which  you  are  authorized, 
on  the  part  of  the  Ignited  States,  to  agree. 

As  tin's  British  ambassador  at  St.  Petersburg  is  authorized  and  in- 
structed to  negotiate  likewise  upon  this  subject,  it  may  be  proper  to 
adjust  the  interests  aud  claims  of  the  three  powers  by  a  joint  conveu- 
tion.     Your  full  power  is  prepared  accordingly. 

Instructions  conformable  to  these  will  be  forwarded  to  Mr.  Rush,  at 
Londou,  with  authority  to  communicate  with,  the  British  Government 
in  relation  to  this  interest  and  to  correspond  with  you  concerning  it, 
with  a  view  to  the  maintenance  of  the  rights  of  the  United  States. 
I  am,  etc., 

John  Quincy  Adams. 

Henry  Middleton, 

Envoy  Extraordinary  and  }nnister  Plenipotentiary 

of  the  United  States,  St.  Petersburg, 


[Iiiclosiuv.] 
DrafI  of  treaty  brtwirii  the  United  States  and  Russia. 

Akt.  I.  Ill  order  to  st,ri!ii}(tlieii  tlic  Ittintls  of  frioiidHliip  itnd  to  preserve  in  future  a 
|iort'ocLhiiriU()iiy  au(l)i;nod  uud(!risttiii(liii<j;  bet  weeu  tho  contracting  parties,  it  is  at^reed 


Ml 


CORRKSPONDKNCE    OP    1822-1825. 


145 


flint  their  ro»nectivc  citizons  aiul  Hiilijccts  mIhiU  not  bo  ilistiirlxMl  or  inolcstptt,  citlHT 
ill  iitivi^iitiii'i;  ttr  in  (tiirryiiig  imi  tlioir  lislicrics  in  tlio  I'ticilic  Occiiii  or  in  tlio  South 
SciiN,  or  in  hiiiiliii>;  on  tli«  coiiMts  ot  thos<'  seas,  in  phicoH  not  iilrciuly  occupied,  lor 
tlie  |turpo8c  of  ciirryiiifi  on  tlicir  <-oiiiniurcc  withtho  natives  of  the  country  ;  Hiilijcct, 
iievcrtliclcsH  to  thcrcHtrictioiiHanil  |)i'ovi,jioii8Hpecili(Ml  in  the  two  t'oihi\viii<;  articlcM, 

Aim'.  II.  To  the  end  that  tlie  navi<ration  and  lisliery  of  the  citi/.eiisaiid  HiiliJectHof 
the  coiitiaetiiin  jiarties,  rcHpeetively,  in  the  I'acilie  O'ceau  or  in  the  South  Seas,  may 
not  lie  made  a  pretext  for  illicit  trade  with  their  resjieetive  settlements,  it  is  agreed 
that  the  citizens  of  the  Tiiited  Slates  shall  not  land  on  any  |iart  of  the  coast  actually 
occiipi«;d  hy  h'nssiau  settlements,  niilenshy  ]icrmission  of  the  ;;overnor  or  commander 
thereof,  and  that  Russian  Hiilijects  shall,  in  like  manuer,  lie  interdicted  from  landing; 
without  permission  at  any  settlement  of  the  L'nited  States  on  the  sniil  northwest 
coast. 

Aim.  III.  It  is  a-irecd  th.it  no  settlenu  iit  shall  be  made  hereafter  on  the  northwest 
••oast  of  Anierica  by  citizens  of  the  rnited  States  or  iiiuler  their  authority,  north, 
uor  by  linssian  subjects,  or  under  the  anthurity  of  Russia,  south  of  the  tifty-tifth 
degree  of  north  latitude. 

(For  otlu'i-  iiK'Iosiircs,  see  Aiueiicaii  State  Papers,  Foieigu  Kclatious, 
vol.  V,  pp.  43G-438.) 


Mr.  Adams  to  Mr,  Rush. 


No.  70.]  Department  of  State, 

Washington,  Juli/  2:i,  1833. 

Sir:  Amonj;  the  subjects  of  iiejjotiatioii  with  Great  Britain  which 
are  pressinji'  uimhi  the  attention  ot  this  (Jovernraent  is  the  present  con- 
dition of  the  northwest  coast  of  this  continent.  This  interest  is  con- 
nected, in  a  maniwr  hei-oniinj;  frtnn  day  to  day  more  important,  with 
our  territorial  riglits;  with  the  wiiole  system  of  «air  intercourse  with 
the  Indian  tribes;  with  tlie  boundary  relations  between  us  and  tlie 
British  Nortli  American  dominions;  with  the  fur  trade;  the  tislieries in 
the  I'acitic  Oceiwi;  the  commerce  with  the  Sandwich  Lslaiidsand  China; 
witli  our  boundtiry  upon  Mexico;  and,  lastly,  with  our  jwlitical  stand- 
injj;  and  intercourse  with  the  Kussian  Empire. 

By  the  third  article -of  the  couvention  between  the  Tnited  States  and 
Great  Britain  of  October  20,  1818,  it  is  agreed  that  any  "country  that 
may  be  claimed  by  either  i)arty  on  the  northwest  coast  of  America, 
westward  of  the  Stony  Mountains,  shall,  together  with  its  harbors, 
bays,  and  creeks,  and  the  navigation  of  all  rivers  within  the  sami^  be 
free  and  oi)en  for  the  term  often  years  from  the  date  of  the  signattire 
of  the  convention  to  the  vessels,  citizens,  and  subjects  of  the  two  pow- 
ers; it  being  well  understood  that  this  agreemMit  is  not  to  be  C(uistrued 
to  the  prejudice  of  any  claims  wliich  either  of  the  two  high  contracting 
parties  may  have  to  any  part  of  the  8ai<l  country,  nor  shall  it  be  taken 
to  aft'ect  the  claims  of  any  other  power  or  State  to  any  part  of  the  said 
country.  The  only  object  of  the  high  contracting  i)arties  in  that  re- 
spect being  to  prevent  disputes  atul  dittereucies  amongst  themselves." 

On  the  tJth  of  Oct<>ber,  1818,  fourteeti  days  before  the  signature  of 
the  convention,  the  settlement  at  the  mouth  of  Columbia  Hiver  hatl 
been  formally  restored  to  the  United  States  by  order  of  the  Jiritish 
Government.  (Mess.age  of  the  President  of  the  United  States  to  the 
House  of  Representatives,  April  15,  1S22,  page  13.  Letter  of  Mr. 
Trevost  to  the  Secretary  of  State  of  November  11,  1818.) 

By  the  treaty  of  amity,  vsettlcment,  and  limits  between  the  United 
States  and  Spain  of  February  22,  1819,  the  boundary  line  between  them 
was  fixed  at  the  forty-second  degree  of  latitude,  from  the  source  of  the 

19 


M<* 


14G 


DIPLOMATIC    COHKKSl'ONDKNCE. 


Arkiiiisiis  Kivcr  to  the  South  Si'ii:  by  wliicli  tri'iity  tlie  riiitt'd  Stjites 
iUM|uiro<l  ill!  tliei'i^lits  ol'Spiiiii  iioith  ol'thiit  paiiillel. 

Tlie  ri;;lit  (»r  tlu'  L'liitoil  States  to  the  Coluinbia  l{iv«'r,  and  to  tlio 
iiitt'iioi'  teri'it(»iy  waslicd  by  its  \vat«'rs,  rests  upon  its  dis( overy  lV«>tn 
tlie  sea  and  noniinution  by  a  eitizen  oi'  tlie  I'nited  States;  upon  its  ex- 
ploration to  tlie  sea  by  Captains  Lewis  and  Clarke;  upon  tlie  settlement 
of  Astoria,  made  under  the  proteetion  of  the  I'nited  States,  and  thus 
restored  to  them  in  iSlS;  and  upon  this  subseiiuent  ae(|uisiti<»n  of  all 
the  ri^iiits  of  Spain,  the  only  European  power  who,  prior  to  the  disc(»v- 
ery  of  the  river,  had  any  pretenses  to  territorial  riyhts  on  the  north- 
west eoast  of  Ameri<'a. 

The  waters  Ok"  the  (.'obnnbia  liiver  extend  by  tlie  Mnltnoniali  to  tho- 
forty-seeond  dejiree  of  latitude,  wheie  its  soure*;  ai>i)roaches  within  a 
few  miles  of  those  of  the  Platte  and  Arkansas,  au<l  by  Clarke's  Jiiver 
to  the  Hftieth  or  tiftv  (irst  de^-ree  of  latitude;  thence  deseendinj? 
southward,  till  its  sources  almost  intersect  those  of  the  Missouri. 

To  the  territory  fhus  watered,  ami  inuncdiately  contiguous  to  the 
ori<;inal  ^ossessioi's  nf  the  I'nitt'd  States,  as  first  bounded  by  the 
Mississippi,  they  consider  their  rij;ht  to  be  now  established  l>y  all  the 
principles  whicb  have  ever  been  ai»plied  to  Kuroju-an  settlenu'uts  up«m 
the  American  hemisidiere. 

By  the  ukase  of  tlie  Empcior  Alexander,  of  the  4tli  (Kith)  of  Sep- 
tember, ISiil,  an  exclusive  t<-rritorial  riyht  on  the  northwest  coast  of 
America  is  asserte<l  as  belonj-iny  t(>  Kussia,  and  as  extending;  from  the 
northern  extremity  of  the  continent  to  latitude  r>lo,  and  the  navigation 
and  Hshery  of  all  other  nations  are  interdicted  by  the  same  ukase  to 
the  extent  of  KM)  Italian  miles  from  the  coast. 

When  Mr.  Toletij-a,  the  late  Russian  minister  here,  was  called  upon 
to  .set  forth  the  fiiounds  of  right  conformable  to  the  laws  of  nations 
which  authorized  the  issuing  of  this  decree,  he  answered  in  his  h'tters 
of  February  L'SandAinil  2, 1822,  by  alleging  tirst<liscovery,  occupancy, 
and  uninterrupted  possession. 

It  appears  upon  examination  that  these  claims  have  no  ftuindation  in 
fact.  The  right  of  disroirrif  on  tliis  continent,  claimable  by  IJussia, 
is  reduced  to  the  jtrobability  that,  in  1741,  Cajitain  Tchirikoft"  saw  from 
the  sea  the  mountain  called  St.  Elias,  in  about  the  tifty-ninth  degree  of 
north  latitude.  The  Spanish  navigators,  as  early  as  1582,  had  dis- 
covered as  far  north  as  07°  30'. 

As  to  occupancy.  Captain  Cook,  in  1779,  had  the  ex])ress  declaration 
of  31r.  Ismaeloff,  the  chief  of  the  Kussian  settlement  at  Cnalaska,  that 
they  knew  uotliiiiff  of  the  continent  in  America;  and  in  the  Nootka 
Sound  controversy  between  Spain  and  Great  Britain  it  is  exi>licitly 
stated  in  the  Spanish  dotMiments  that  Kussia  had  disclaimed  all  preten- 
sion to  interfere  with  the  Spanish  exclusive  rights  to  hft/oiid  Prince 
William  Sound,  latitude  (51°.  Xo  evidence  has  been  exhiliited  of  any 
llussian  settlement  on  this  continent  south  and  east  of  l?rince  William 
Sound  to  this  dav,  with  the  exception  of  that  in  California,  made  in 
1816. 

It  never  has  been  admitted  by  the  various  Ruropean  nations  which 
have  formed  settlements  in  this  heiiiis]>liere  that  the  oceu])ation  of  an 
ishiiid  gave  any  claim  whatever  to  territorial  i)osses8ions  on  the  conti- 
jient  to  which  it  was  adjoining.  The  recognized  ])rinciple  has  rather 
been  the  reverse,  as,  by  the  law  of  nature,  islands  must  be  rather  con- 
sidered as  appendages  to  continents  than  continents  to  islands. 

The  only  color  of  claim  alleged  by  Mr.  Poletica  which  has  an  appear- 
ance of  plausibility  is  that  which  he  asserts  as  an  authentic  fact,  "  that 


CORRESrONDENCK    OF    1H22-1825. 


147 


in  1789  tln»  S|»iiiiisli  piukrt  .S7.  (J/nirlrs,  cnimninKlcd  by  Cijpfiiin  Ilaro, 
found  in  tlio  latitude  4S-  and  41)%  Kussian  scttlcnu'nts  to  tlie  nund)t'i'  of 
«'i}i'ht,  (^onsistiuji'  in  tlie  wliolc  of  twenty  i'aniiiics  and  4(L'  individuals." 
Hut,  nH)ro  than  twenty  years  sin(U',  Ileurieu  had  sliown,  in  his  intro- 
duction to  the  voyage  ot  Marchand,  that  in  this  statement  there  was  a 
niistakt'  of  at  h'ast  ten  dej;r«'es  of  latitude,  ami  that  instead  of  IS''  and 
41P,  it  should  read  ~)f>^  ami  .V.P.  This  isproltalily  not  tin-  only  mistake 
in  the  aeeount.  It  rests  altoj;ether  ui)on  the  credit  of  two  private  let- 
ters— one  written  from  San  Bias,  and  the  otluM'  from  the  City  of  Mexico, 
to  Spain — tlu're  communicated  to  a  French  consul  inone  of  theSjianish 
ports,  and  by  him  to  the  French  minister  of  marine.  They  were  writ- 
ten in  October,  178S,  and  Aujiust,  ITSH.  Wc  have  seen  that  in  17JK) 
Hussia  explicitly  disclaimed  inteiferiny;  with  the  exclnsiv*'  rijihts  of 
Spain  to  bei/oii<(  I'rince  William  Sound  in  latitude  01 0;  and  Van- 
couver, in  1704,  was  informed  by  the  Ifussians  on  the  spot  that  their 
nu)st  castcni  settlement  then*  was  on  llinchinbrook  Island,  at  Port 
Etcln's,  which  had  hecii  cNfaltliNhcil  in  the  course  of  the  inrrcdiiH/  Niiiinnrr, 
and  that  the  adjacent  continent  w.ma  a  .sterile  (Did  iiiiinhtiltited  eoinifrii. 

llntil  the  Nootka  Sound  contest  tlreat  Britain  had  never  advance. I 
any  claim  to  territory  upon  the  northwest  coast  of  Anu'rica  by  rij;ht 
of  occuiKition.  Cnder  the  treaty  of  17(53  her  territorial  ri^-hts  wore 
bounded  by  the  Mississippi. 

On  the  22d  of  .Inly,  17".>3,  >rcKenzie  reached  the  shores  of  the  Pacific, 
by  land  from  Canada  in  latitude  52°  21'  north,  lon<;itude  128°  2'  west 
of  (Ireenwich. 

It  is  stated  in  the  rt2d  nund)er  of  the  (Quarterly  Keview,  in  the  article 
upon  Kotzebue's  voyajje,  "that  the  whole  country  from  latitude .")(»o  .'{0' 
to  tbe  boundary  of  the  Cnited  States  in  latitu<le48o,  <tr  thereabouts,  i8 
now  ami  has  lonj;'  been  in  the  actual  possession  of  the  British  >.'ortli- 
west  (Jompany;"  that  this  comi)any  have  a  post  on  the  bordi-rs  of  a 
river  in  latitude  o4°  30'  n<trth,  lonjiitude  12.")^  west,  and  that  in  lati- 
tude .V)0  1.-,'  uorth,  loufiitnde  129°  44'  west,  "by  this  time  (March,  1S22) 
the  United  Com[)any  of  the  Northwest  and  Iludsons  Bay  have,  in  all 
l»robability,  formed  an  establislnnent." 

It  is  not  inmjiinable  that,  in  the  iircsent  condition  of  the  world, 
ant/  Euroi)ean  nation  sluudd  entertain  the  project  of  settlinj;'  a  vohmri 
on  the  northwest  coast  of  America.  That  the  United  States  should 
form  establishments  there,  with  views  of  absolute  territorial  ri<iht  and 
iidand  communication,  is  not  only  to  be  expected,  but  is  ])ointed  out  l>y 
the  finyer  of  nature,  and  has  been  for  many  years  a  subject  of  seiious 
deliberation  in  Con{j;ress.  A  plan  has,  for  several  sessions,  been  before 
them  for  establishinj>'  a  Territcnial  {iovernment  on  tlu^  b(mlers  of  the 
Columbia  River.  It  will  undoubtedly  be  resunu'd  at  their  next  session, 
and  even  if  then  again  postiumed,  there  can  not  be  a  doubt  that,  in  the 
course  of  a  few  years,  it  must  be  carried  into  effect. 

As  yet,  however,  the  only  useful  pur])Ose  to  which  the  Northwest 
Coast  of  Amei'ica  has  been  or  can  be  made  srbservient  to  the  settle- 
ments of  civili/ed  men  are  the  fisheries  on  its  adjoining  seas  and  trade 
with  the  aboriginal  inhabitants  of  the  country.  These  have  hitiuMto 
been  enjoyed  in  common  by  the  ])eo]i]e  (»f  the  United  States  and  by 
the  British  and  Russian  nations.  The  S])ani^h,  INn-tuguese,  and 
FreiH'h  nations  have  also  participated  in  them  hitherto,  without  other 
annoyance  than  that  which  resulted  from  the  exclusive  territorial  claims 
of  Spain,  so  long  as  they  were  insisted  on  by  her. 

Th(^  United  States  and  Creat  Britain  have  both  jn-otested  against 
the  Russian  imperial  iikase  of  September  4  (10),  18'.'i.    At  the  proposal 


;l 


148 


DII'LOMA'IIC    COHKE.Sl'ONDKNC'E. 


m, 


ot'tlic  IliisMiiui  (iovniiiiu'iit  ii  lull  pitwcr  iiiid  iiistiiK-tioiisai'e  now  tnitiH- 
iiiittcd  to  Mr.  Middletoii  tor  t lie  ii<l.jiistiiu'iit,  Ity  iiiiiiciilth-  iie^'otiatioii, 
of  tlic  coiitlictiii;'  claiiiis  ot°  the  piiitU's  on  tliis  snl>i<>('t. 

\V(>  liiivo  Ikm'ii  intornxMl  by  tlii>  llaron  (l(>'l'u.vll  that  a  similar  author- 
ity has  Ix'cn  j;ivt'n  on  tho  part  of  tin*  Ilritish  (loviTinni-nt  to  Sir  Charh's 
liajAot. 

rrt'viouH  to  tlu^  restoration  of  tho  sotth'nu'nt  at  thr  mouth  of  thr 
Columbia  K'iver  in  1S18,  and  a^ain  upon  tlu;  tirst  introduction  into  Con- 
^fcss  of  tlu^  plan  for  constituting'  a  Territorial  ^'ovcrnmcnt  there, 
sonu>  dis|tosition  was  uninifested  by  Sir  Charles  i>au(>t  and  Mr.  (>aii- 
nin^'  to  dispute  t\w  r if/lit  o\'  the  I'uited  States  to  that  establislnuent, 
and  sonu'  vayue  intimation  was  jiiven  of  IJritisli  claims  on  the  North- 
west Coast.  The  restoration  of  the  place  and  the  conventicm  of  1H18 
were  considered  as  a  tinal  «lisposal  of  Mr.  Ila^jot's  obJ«'t*tions,  and  Mr. 
C*aunin}>'  declined  committing  to  paper  those  which  he  had  intinnited 
in  conversati<m. 

The  dis<'ussi(ui  of  the  liussian  pretensions  in  the  negotiation  nowi)ro- 
])osed  necessarily  involves  the  interests  of  the  three  powers  and  renders 
it  manifestly  i)roper  that  the  United  States  ami  (Ireat  IJritaiu  should 
come  to  a  nnitual  understandinj;  with  respect  to  tluir  irsptrtirc  i)reten- 
sions,  as  well  as  upon  their  joint  views  with  referen<'e  to  those  of  liussia. 
Copies  of  the  instructions  to  Mr.  Middleton  are,  therefore,  herewith 
transnntted  to  you,  and  the  Presitlent  wishes  yoti  to  confer  fret'ly  with 
the  British  (lovernment  on  the  subject. 

The  principles  settled  by  the  Nootka  Sound  Convention  of  October 
28,  171M>,  were— 

(1)  That  the  rights  of  fishery  in  the  south  seas,  of  trading  with  the 
natives  of  the  Northwest  Coast  ()f  Anu»rica,and  of  making  settlenu'uts 
on  the  coast  itself  tor  the  purposes  of  that  trade,  n(nth  of  the  actual 
settlements  of  8i>ain,  were  common  to  all  the  Kuro])ean  nations,  and  of 
course  to  the  I'nited  States. 

(2)  That  so  far  as  the  actual  settlements  of  Spain  had  extended  she 
possessed  the  exclusive  rights,  territorial  and  of  navigation  and  tishery, 
extending  to  the  distance  of  1()  miles  from  the  coasts  so  actually  occu- 
pied. 

(.{)  Thatonthecoastsof  S<mth  America,  and  theadjacent  islands  south 
of  the  parts  already  occui>ied  by  Spain,  no  settlement  should  thereafter 
be  n\ade  either  by  British  or  Si>anish  subjects,  but  on  both  sides  should 
be  retained  the  liberty  of  landing  and  of  erecting  temporary  buildings 
for  the  ])urposes  of  the  tishery.  These  rights  were  also,  of  c<mrse,  en- 
joyed by  the  people  of  the  United  States. 

The  exclusive  rights  of  Spain  to  any  part  of  the  American  continents 
have  ceased.  That  portion  of  the  convention,  therefore,  which  recog- 
nizes the  exclusive  colonial  right  of  Spain  on  these  continents,  though 
contirmed,  as  between  Great  Britain  and  Spain,  by  the  tirst  additional 
article  to  the  treaty  of  the  5th  of  .Inly,  1814,  lias  been  extinguishefl  by 
the  fact  «)f  the  independence  of  the  S(mth  American  nation  and  of 
Mexico.  These  independent  nations  will  jmssess  the  rights  incident  to 
that  condition,  and  their  territories  will,  of  course,  be  subject  to  no 
exclusive  right  of  navigation  in  their  vicinity,  or  of  access  to  them  by 
any  foreign  nation. 

A  necessary  consequence  of  this  state  of  things  will  be  that  the 
American  contnients  henceforth  will  no  hmger  1m>  subjects  of  cohmiza- 
ticm.  Occupied  by  civilized,  independent  nations,  they  will  be  a<ces- 
sible  to  Europeans  and  to  each  other  on  that  footing  alone,  and  the 
Pacilic  Ocean  in  every  part  of  it  will  renuiin  (►pen  to  the  navigation  of 
all  nations  in  like  manner  with  the  Atlantic. 


COKUKSPONDKNCK    OF    l«L"-'-lhi>r.. 


141) 


Tnci<UMita1  to  t1u>  coiulition  of  iiiitiotiiil  iiiilcixMuUMiro  iiml  sovcrci^^nty, 
tlic  ri^tlits  of  iiiitcrior  iiiivi}>iitioii  ol'  tlicir  rivers  will  l)i>loii;>  to  ciK-li  of 
till'  Aiiicriciiii  iiiitions  witliiti  its  own  ti-nitorii's. 

Till!  iippliciitioii  of  coloiiiiil  priii<'i|iU'S  of  cxcliisioii,  tlii'vefoic,  ciiii 
not  be  ailniittoil  by  the  I'niti'il  States  as  lawful  on  any  part  of  tin* 
Nortliwi'st  <'Oast  of  Anieiica,  or  as  bi>Ion;;'in^'  to  any  l^nropran  nation. 
Tlu'ir  own  settloiiu'iits  there,  when  or;>aiii/e(l  as  Territorial  j-ovi'iii- 
nieiits,  will  be  adapted  to  the  freedom  of  their  own  institutions,  and, 
as  constitnent  parts  oi  the  I'nion,  be  subject  to  the  prineiples  and  pro- 
visions of  their  constitution. 

The  rifvlit  of  <'arryiny'on  trade  witii  the  natives  throughout  the  Noith- 
west  Coasi  they  (the  United  States)  <-an  not  ri'iiounee.  With  the  Ifiis- 
sion  setth'inentsat  Kodiak,  or  at  New  Arehanj>el,  they  may  fairly  elaiiii 
the  advantafieof  a  fre«!  trade,  havinj;'  so  Ion j;' enjoyed  it  unniolesti'd,  and 
because  it  has  been  and  would  continue  to  be  as  advantaj-eous  at  least 
to  those  si'ttleinents  as  to  them.  But  they  will  not  contest  the  i'i<4ht  of 
l^ussia  to  prohibit  the  trail!*',  as  strictly  contined  to  the  I'ussian  set- 
th'uient  itself  and  not  extendiii};'  to  the  original  natives  of  the  coast. 

If  the  IJritish  Northwest  and  Hudson's  Hay  ('ompanies  have  any 
]>osts  on  the  coast,  as  suyycsted  in  the  article  of  the  (Quarterly  lieview, 
above  cited,  the  third  article  of  the  convention  of  Octoi)er  U(»,  iSlS,  is 
a]>plicable  to  them.     Mr^  Middleton  is  authorixed  by  his  instnu'tions  to 

t)ropose  an  article <tf  similar  imi»oit,  to  be  inserted  in  a. joint  convention 
H'tween  the  United  States,  (Ireat  Britain,  and  IJussia,  for  a  term  of  ten 
years  from  its  signature.  You  are  authorized  to  make  the  same  pro- 
posal to  the  British  (lovernment,  and  with  a  view  t(».  draw  a  d<'tinite 
line  of  demarcation  for  the  future,  to  stipulate  that  no  settlement  shall 
hereafter  be  made  on  the  Northwest  Coast  or  on  any  of  the  islards 
thereto  adjoining  by  iiussian  subjects  .south  of  latitude  ~>~P.  by  citizens 
of  tin?  United  States  north  of  latitude  51^,  or  by  Uiitish  subjects  either 
south  of  r>l°  or  north  of  55^.  I  mention  the  latitudeofol^  a*  tlielxaind 
within  which  we  are  willing  to  limit  the  future  settlement  of  the  United 
States,  because  it  is  not  to  be  doubted  that  theColuinl)ia  Kivcir  bi-anches 
as  far  north  as  .'(l^,  although  it  is  most  probably  not  the  Tai-oui'sche 
Tesse  of  Mackenzie.  As,  however,  the  line  already  luns  in  latitude  l!P 
to  the  Stony  Mountains,  .should  it  be  earnestly  iiisisti-d  upon  by  (rreit 
Britain,  we  will  consent  to  carry  it  in  continuance  on  the  same  parallel 
to  the  .sea.  (Jojiies  of  this  in.struction  will  likewise  lie  foiwarded  to  Mr. 
Middleton,  with  whom  you  will  freely,  but  cautiously,  corresixuid  on 
this  subject,  as  well  as  in  relation  to  y«mr  negotiation  respecting  the 
supi>ression  of  the  slave  trade. 

1  have  the  honor  to  be,  with  great  resi)ect,  sir,  your  very  humble 
obedient  .servant, 

John  Qiincy  Adams. 
Hon.  Kif'iiARD  Bu.sii, 

Eucoy  Kxtf(inr<lln(trti  and  Mhiisttr 

I'lenipotentiartf  of  the  i'liitai  Slates,  London. 


iti 


Mr.  Middleton  to  Mr.  Adams. 

[Kxiract.] 

No.  33.]  St.  PETEUsnuRrr,  Decemher  1  (13),  1R33. 

Sir:  I  have  pi  spared,  and  shall  deliver  in  on  the  Hr.st  fit  occasion,  for 
bis  Imperial  Majes'.y's  inspection,  a  confidential  memoir  on  the  North- 


%i 


d^ 


150 


DIPLOMATK  •    (  OKMIKSI'ONDENCK. 


ill 


P¥ 


m 


wt'st  (|iH'sti<»ii,  !iii(l  I  now  forwiird  a  ropy  of  it  niiirkcd  A.  Tliosnltit'ct 
iiiust  !)(>  ti'ito  to  you;  luit  I  liavt-  roiiixl  licrc  tliaf  it  is  iii(lis|MMisal)ir  to 
make  some  stati'nu'iits  of  lacts  aii«l  i)rincipl«'s  in  this  case  hcliirr  I  can 
]>io('»'('(l  i'lirtlici'  in  tlic  ncii'otiation.  I  liopc  you  will  appioAc  of  tin' 
«oni'st'  I  ani  ])Ui'sniniL;',  and  tinit  you  will  lintl  tiiat  I  liav«'  stiit<>(l  cor- 
ii'ctly  liolli  facts  and  princiiilcs.  F  felt  it  to  1m'  noccssary  tn*  hroai'ii 
tlu'  sid)j('«*(  in  tliis  in(»d(>,  knowing tlu'cnctneons  impressions  wiiicii  pre 
v.ail.  I  li:iv«'  now  urcat  iiopcs.  notwithstandinj:  the  untax  (»iiil)l('  ap 
]»('aian(Ts  wliicii  this  affair  lias  woni  for  a  few  weeks  past,  thai  it  may 
take  a  new  turn,  and  tlnit  1  may  yet  he  ('nal)i<Ml  to  succeed  in  atlaininj;" 
tiie  main  t»I>j<'ct  of  tlie  ne;i<»tiation. 

Sir  Charles  llaji'ot  is  n(»\v  daily  exjM'ctinji  the  return  of  his  nu'ssenyer 
Avitii  new  powers  and  instructicuis  respectinji'  the  sau'e  inatteis.  1 
mentioned  in  my  last,  and  I  now  repeat,  that  I  hav«^  a  reasonable  ex- 
])ectation  that  he  will  1m'  instructed  to  ])ursue  tiie  coiiise  of  policy  so 
obviously  pointed  (uit  l»y  the  true  int^Tcsts  of  ICn<;laiMl.  ami  sn^^jicsled 
by  a  sense  of  the  ])ropri«'ty  of  lieiny  consistent,  ami  of  perseverinjn'  iu 
the  principles  which  marked  the  \ootka  Sound  contestation.  Neither 
he  nor  1  foresee  any  dilticulty  in  reconcilinj;  and  adjust inji  the  interests 
of  (Mir  respective  c(aintries  upon  this  (piestion. 

(P'or  inclosures  see  American  State  Papers,  Foreign  lielations,  vol. 
V,  l>.  -41U,  ft  sai) 


Mr.  Rush  to  Mir.  Adams. 

No.  3r).1.]  London,  D^crmhrr  19.  IR'J.l. 

Sir:  Since  I  last  wrote,  Mr.  Canning;'  has  been  <-outined  ro  his  house 
l)y  a  sharp  attack  of  gout;  lu'vertheless.  he  wrote  me  a  note  the  <lay 
before  yesterday  invitiii}'"  me  to  call  upon  him  on  that  day  lor  the  jmr- 
pose  of  having  our  i)r<)i)i>sed  conler«'iice  on  the  toiiic  of  tlie  Northwest 
Coast.     I  wcTit  accordingly  ami  was  received  by  hiiu  in  his  chamber. 

He  repeated  his  wish  to  learn  from  m+' our  general  ;;roun(«  upon  this 
subject  preparatory  to  his  sending  of!"  iustriuitions  to  Sii'  Charles  13a^ot. 

I  at  once  unfohh'd  them  to  him  by  srating  that  the  pr(»posals  of  my 
(lovernment  were,  first,  that  sis  regarded  the  conntry  lying  betw«'eii 
the  Stony  Mountains  and  the  I'aciti*- (K-<'an.  (Jreat  llritain.  tlie  United 
States,  and  K'ussia  should  jointly  enter  into  a  convention,  similar  in  its 
nature  to  tin;  third  artich' of  the  convention  (»f  the  L'Oth  ot'  October, 
181.S,  now  existing  between  the  two  former  pow«'rs,  by  which  the  whole, 
of  that  country  westward  of  the  Stony  Mountains  and  all  its  waters 
Would  be  free  and  open  to  the  citizens  and  subjects  of  the  three  powers 
as  long  as  the  joint  convention  remainrcd  in  force.  This  inr\'  (iovern- 
nicnt  proposed  should  b<'  for  the  term  of  ten  years.  ") 

And,  second,  that  the  Cnited  States  were  williiiii'  to  stii)ulate  to  make  / 
no  settlements  north  of  the  titty  first  (iegree  of  noith  latitude  on  that^ 
coast,  provided  (Ireat  Britain  sti|)niated  to  make  none  south  of  ."il  '  or\ 
north  of  "m^,  and  Russia  to  make  uouv  south  of  .irio.  -^ 

These,  I  said,  were  the  lu-incipal  points  which  1  had  to  pnt  forward 
upon  this  subject.  Tlu^  map  was  spread  out  before  us.  and.  in  stating 
the  points.  I  endeavored  t<t  ex])lain  ami  recommend  them  by  such  ap- 
l>ro|>riate  remarks  as  your  instrnctifms  snpplied  me  with,  going  as  far 
as  seemed  fitted  to  a  diseiiission  regarded  only  as  prei>arator^'  and  in- 
formal. 


\m 


I 


CORRKSI'ONDKNCK    OF    18'_".'-IS25. 


IM 


Mr.  Cjinninj;  icpcati'd  tliat  lie  liad  not  iiivi(«'(l  inc  to  ciill  upon  iiini 
with  any  vit'w  to  discussion  at  itrcst'nt,  but  only  to  obtain  Iroin  mm'  a 
statenu'nlot"tliL'i)()iuts,  in  anticipation  of  tin'  opening' of  the  ncj^otiation, 
from  the  motive  tliat  he  liad  nuMitioned  of  wiitiii;;-  to  Mv.  Haj;(>t.  Yet 
luy  .stateuH'iit  naturally  led  to  further  conversation.  He  expressed  no 
opinion  on  any  of  the  points,  hut  his  in(piiries  and  reunirks  under  that 
which  pi'oi»oses  to  coniine  tlu'  Uvitish  settlements  Avithin  ."»!"  and  j/**^ 
were  evidently  of  a  nature  to  indicate  stroiij^  obji'ctions  on  his  side, 
iutu^h  he  professed  to  speak  only  from  his  lirst  impressi<»ns.  It  is 
nore  i»i'oper,  T  should  say.  that  his  oi>j('('tions  were  directed  to  our  pro- 
iiosal  of  not  lettin]ii  (Ireat  llritain  ^o  al>(»ve  .").") '^  north  with  her  settle- 
ments, whilst  we  allowed  Kussia  to  come  down  to  that  line  with  hers. 
In  treatinji' of 'iiis coast  he  had  supposed  that  llritain  had  her  iioithern 
question  with  Kussia,  as  her  soutlu'rn  with  the  I'nited  States,  lie 
could  see  a  numive  tor  the  Tinted  States  desirinji  to  stop  the  settle- 
ments (»f  (liear  P.ritain  southward;  but  he  had  not  b«'lbre  known  of 
their  desir«'  to  -^toj)  them  ntuthward,  and,  above  all,  over  limits  con- 
ee<Ie«l  to  Kussm.  it  was  to  this  etlect  that  his  siiji'^icstions  went.  Ilci 
threw  (»ut  no  dissent  to  tlu'  plan  of  joint  usufruction  i)etween  the  three; 
powers  of  tiie  country  west  ward  of  the  Siony  Mountains  for  the  period 
of  time  ]n'(»pos«'d. 

In  tile  course  of  my  renuirks  I  said  that  the  I'nited  States  no  lonyer 
rejiarded  an,\  ])art  of  that  coast  as  open  to  l'airo|)ean  cohtinzation.  but 
(udy  to  be  used  for  puiposes  of  tiallic  with  the  natives  ami  for  tishinji' 
in  the  nei-ihboiinu'  seas;  that  we  did  not  know  that  (Ireat  I'.iitaiu  had 
ever  advanced  any  claim  whatever  to  territory  there  founded  (Ui  occu- 
pari(»n  prior  tt»  the  Nootka  Soun<l  emitroversy ;  that  under  the  treaties 
ot  17(»;>  her  territorial  rijihts  in  America  were  bounded  westward  by  the 
Mississippi:  that  if  tin'  Xorthwest  and  Ilinlson's  IJay  Companies  ih)nv 
had  settlements  as  hi<;h  up  as  ."4^  or  't'*'^'  we  suppose  it  to  be  as  much 
as  could  l»e  shown,  and  were  iM»t  aware  how  Cireat  ISritain  c(»nltl  make 
jLTOod  hei'  claims  any  further;  tlnit  Sjiain,  on  the  contrary,  had  much 
lariitM'  claims  on  that  coast  by  riyht  of  discoveiT,  and  that  to  the  whoh; 
extent  of  these  the  I'lnted  States  had  succeeded  by  the  I'lorida  treaty; 
that  they  were  willmji,  however,  waivinj;  tor  the  present  the  full  ad- 
vanta.ii*'  of  tlu'se  claims,  t«t  forbear  all  settlenu'uts  ncuth  of  51  ,  as  that 
limit  mijiht  be  sutlicM'Ut  to  juixe  them  the  benelit  of  all  the  waters  of 
theCobunbia  l{i\('r;  but  that  they  would  expect  (ireat  llritain  to  ab- 
stain from  condnj;  south  of  that  limit  ov  j^oinji  abov«'  "m^,  the  latter 
parallel  bein;:  taken  as  that  beyond  which  it  was  m>t  imainined  that  she 
Inid  any  actual  settlements.  The  same  parallel  was  proposed  for  the 
southern  limit  of  Kussiii  as  the  boundary  within  which  the  Mmpenu- 
I'aid  had  ;;ranted  certain  commercial  piivile;;('s  to  his  Uussian  Anu'ri- 
can  Company  in  17!)!l;  but  that,  in  lixinu  upon  this  line  as  I'c^^arded 
Wussia.  it  was  not  the  intention  of  the  I'liited  States  to  deprive  them- 
-clves  of  th«'  ri;;ht  of  trathi-  with  the  initives  above  it  and  still  less  to 
ciMieede  t<»  that  power  any  system  of  c(»lonial  exclusicui  above  it. 

Su<'h  was  the  fieneial  character  of  my  r«'nniiks  which  Mr.  Canninj; 
said  lie  would  take  into  due  consider:ition.  In  c(un-lusion  I  said  to  him 
that  I  should  reserve  myself  tor  the  nei;otiation  itself  tor  such  further 
elucidations  ol  tlu'  subject  as  mij;ht  tend  to  sh(»vv  the  justice  and  rea- 
sonableness of  our  propositions. 

I  have  the  lMnu)r  to  be,  «'t«'., 

RlCUARD  liUSII. 

Hon.  John  Qiincv  Adams. 

Secretary  of  ISlatv. 


I    .1 


I 


152 


DIPLOMATIC    ( •()KRi:SPONI)El!»ri5. 


No.  4.{.|  St.  PETKHSmKii.  i;7/*  Fchnmni.  Lst  Morrli,  isi>r>. 

{\ioti'\\v{\  Miiy  2.) 

SiK:  I  linvetln'  lionorto  aci|ii:iiiif  yoii  tluir  ;  coiivciition  Wiis  si;iin'(l 
ycslcniay  bt'twecn  tlii'  Hussian  and  liiitish  |(i. nipotciitiaiios  rclalivo 
to  na\  i};atioii,  fislu>ii<*s,  and  ronmicnc  in  tin*  (ueat  <>c«'aii,  and  to  t«>r- 
rilorial  demarcation  upon  tlic  Noitlnvcst  ('<»asi  of  Anin-ica.  In  a  ron- 
vfi'salion  liold  tliis  day  witli  Mr.  Stratloid  (  ;itinin<i  I  have  learned 
tliat  tliis  treaty  is  modeled  in  a  jn'^'al  (iejrn**'  upon  tliat  wliieh  was 
si^ined  by  m«'  in  tlie  montli  of  April  L^st.  and  iliat  its  provisions  areas 
lollows,  to  wit: 

The  freedom  of  navij'ation  and  (islr^r-  tiiroutzliont  tiie  (Jreat  Ocean 
and  upon  all  its  Coasts;  tlie  privile^-  of  lan*lin<;  at  all  unoccupied 
points;  that  of  trading;  witli  tiie  nativn*-:  and  the  speci::!  piivilejfos  of 
r«'cipi(>cal  trade  ami  navijiation  securei-,  ior  ten  yeais  upon  the  n«»rth- 
west  Coast  of  AnuMica,  tojictliei'  with  Un-  mutual  restrictions  prohiliit- 
ini>'  the  trading'  in  lireaiins  or  spiritutMi>«  iitpuns,  are  all  sti|)idai«'d  in 
tiie  Uiitish  as  in  the  American  Trear  :  ,iiul  some  new  provisions  are 
niach'  for  the  priviicfje  of  relittin<;-  veNt— -It*  in  tlie  respective  Ports,  and 
no  hiiiiier  duties  are  to  be  im|»«K^ed  rluni  upon  National  Vessels. 

The  tiiii'd  article  of  this  «'onvent.ion  •-si;i,l»lishes  the  line  of  demarka- 
tion  Itetween  the  possessions  of  tlie  tw-  nowcrs  upon  the  Continent  and 
Islands,  as  follows:  It  bejiiiis  At  the  MMntlierninost  point  of  Prince  of 
Wales's  Island  (about  ."i+o  W).  l«-avinj;  rlie  whole  of  that  island  to  Rus- 
sia'. It  follows  the  strait  called  Portland  Pussaffc  up  to  the  fifty  sixth 
dejiiec:  then  turns  eastward  luion  tliat  latitude  until  it  touches  the 
hijrhest  ridyc  of  the  chain  ol'  iii'Miutaiiis  lyin*;-  contiguous  io  and  nearly 
parallel  with  the  coast;  it  follows  that  ridye  nj)  to  the  sixtieth  dej^ree, 
and  then  takes  the  din'ction  of  that  dejxree  of  latitude  until  its  inter- 
section with  the  one  hiindreil  and  fortyiirst  dejiie*' of  longitude  west 
of  Greenwich;  thence  it  follows  that  meridian  north  to  the  ley  Sea. 
P.ut  in  case  the  ridge  of  the  Mountain  iyiiiKiiarallel  with  the  Coast  shall 
be  more  than  10  marine  leagues  from  the  Shores  of  the  Continent,  then 
the  <listaiice  of  !(►  marine  leagues  from  the  Shore  is  to  be  ciuisidered  as 
the  b«niiidarv  of  the  Russian  possessions  upon  the  Continent. 

I  beg  leave  here  to  repeat  an  opinion  I  ventured  to  expr»'as  in  my 
dis])afcii  No.  ;iS,  respe»*tiiig  the  policy  of  establishing  a  Post  upon  the 
Contineiii  somewhere  within  the  Straits  of  Fuca.  The  most  valuable 
part  ot  tlir  furs  procured  upon  the  northwest  Coast  is  obtained  in  the 
interior  Seas  running  around  tlie  cluster  of  Islands  bordering  the  Coast. 
1  shouild  ( (insider  such  a  ]>ost  as  more  important  in  many  points  of 
view  tlrnn  one  ui)on  Columbia  River,  and  as  likely  to  iiave  a  most  de- 
cisive intluenee  in  securing  an  advantageous  settlement  of  limits  with 
Kngiand.  who  will  be  anxious,  low  that  her  northern  limit  is  estab- 
lished, to  settle  her  southern  boundary  11)1011  that  Coast. 

I  have  the  Inuior  to  be,  sir.  ver    faithfully,  your  obedient  servant, 


The  8Et'RETAUV  OF   kSTATE. 


llENKV   MiDDLETON. 


ifoTK. — For  Mr.  MiddletoiiV  all  report  of  the  negotiation  of  the 
treaty  of  I<SU4,  and  for  furthei'  iinriespondence  relative  to  the  ukase  of 
IS:!!  and  the  treaties  of  18L*-l  .wid  LS2.'5,  see  Aiuericau  State  Papers, 
Foreign  lielatious,  vol.  v,  pp.  -i^l—Ui'J. 


SEIZURES   OF   1886-1887. 


153 


CORRESPONDENCE  BETWEEN  THE  UNITED  STATES  AND  GREAT 
BRITAIN  RELATIVE  TO  THE  SEIZURE  OF  BRITISH  SEALING 
VESSELS  IN  BERING  SEA  IN  1886  AND  1887. 

Sir  L.  ti.  Sack  ri lie  West  to  Mr.  liajfiird. 

Wasuington,  September  37,  ISf^O. 

(Itct'cived  Sejitember  liS.) 

Sfr:  T  hiivo  the  honor  to  infcu'iu  you  that  lli'i- Majesty's  (iroven»nuiut 
have  rec(Mve(l  a  tt'lcjiraiii  I'nmi  thecoiiimaiKler-in-chiofof  11  «>r  Majesty's 
naval  t'oices  on  the  I'acitic,  station  respci-tinfifthe  aHcjicd  seizure  of  three 
Jiritish  C«>hiinbian  seal  sehooners  by  tlie  llnit<'<l  States  revenue  eruiser 
Conriii,  and  1  am  in  eonseiiiu'iu'e  instructed  to  re(|uest  to  be  furnislied 
witli  any  particulars  which  the  Uuited  States  (luverniuent  luay  posses 
rehitive  to  this  occurrence. 

1  have,  etc., 

L.  S.  Sackviule  West. 


SirL.  S.  Saclci'ille  West  to  Mr.  Bayard. 

WASHlNciTON,  Oetolur  31,  1>^f^Ct. 

(Received  October  L'L\) 
Sir:  With  reference  to  my  note  of  the  27th  ultimo.  re(|uestin;;'  to  b<> 
furnished  with  any  parti<'ulars  which  the  I'liitjul  States  (Jovei-nment 
may  possess  relativ*'  to  the  sei/ur«'in  the  North  Pacific  waters  of  three 
British  Columbian  seal  schooners  by  the  Uniteil  States  revenue  (Miiisei- 
Coririii,  antl  to  which  1  am  witlmut  reply,  I  have  the  honor  to  inform 
you  that  I  am  now  instiiictetl  by  the  I'^arl  of  Iddcsleijih,  Her  Ilajt'sty's 
l)rincipal  secretary  of  state  lor  forei^jn  aH'airs,  to  protest  in  the  name  of 
Her  Majesty's  (Jovernment  agaiust  such  seizure,  and  to  reserve  all 
rights  to  comp«'nsatiou. 
1  Lave,  etc., 

L.  S.  Sackville  West. 


Uarl  of  LhleHleifjh  to  Sir  L.  S.  Saekeille  West.^ 

FoRKKJN  Office,  Ootoher  W,  ^"^'W. 

Sir:  Her  Majesty's  (Jovernment  aie  still  awaiting  a  report  (Ui  the 
result  of  the  appli<'ation  which  you  were  dircH'ted  by  my  dispatch  No. 
ISI,  of  tlie  !)th  ultimo,  to  make  to  the  (JovcrnnuMit  of  the  Tnited  States 
I'oi-  information  in  regard  to  the  reported  seizure,  by  the  United  States 
rcvenui^  cutter  i'onriu  of  three  Canadian  schooners  while  engaged  ia 
the  pursuit  of  seals  in  IJerhing's  Sea. 

In  the  meanwhile  furtluM'  details  in  regard  t(>  these  seizures  have 
been  sent  to  this  country,  and  Her  Majesty's  Government  now  consiiler 
it  iuciunbent  (Ui  them  to  bring  to  the  notice  of  the  I'nited  States  (lov- 
einment  the  facts  of  the  (!ase  as  they  have  reached  tiiem  trom  IJritish 
sources. 


'Left  tkt  tku  Dupurlineiit  uf  Stiite  by  iSir  L.  H.  Sackvillu  Wust  Novcuibvr  12,  lb8ti. 

iiO 


154 


DIl'LO^fATK^    (^OUKESroNOENCE. 


It  apiM^ars  tliat  tlic  tliire  si'liooncrs,  iiiiincd  respect ivoly  tlio  Caroliuii, 
tlic  Oitirard,  und  ilie  Thtn-iitoii,  wcie  titteU  out  in  N'ictoiia,  IJritisli  Co- 
luiiibia,  lor  the  rapture  of  seals  in  the  waters  of  the  Nortlieni  Pacific 
Ocean,  adjacent  to  Vancouver's  Island,  Queen  Charlotte  Islands,  and 
Alaska. 

According;  to  the  depositions  inclosed  lu'rowith '  from  s«»ine  of  the 
ofllcers  and  men,  these  vessels  were  eiifiajied  in  the  capture  of  seals  in 
the  open  sea,  out  of  sifiht  of  laiul.  when  they  were  taken  p(»ssession  of, 
on  or  about  the  1st  August  last,  by  the  I'nited  States  revenue  j-utter 
Conriii — the  ('arolina  in  latitude  '>'>°  .■»()'  north,  longitude  1(!S^  .">.'{' 
west;  the  Onward  iu  latitude  TiO^  .■»2'  nctrth,  longitude  107°  .'),'>'  west; 
and  tlu'  Thornton  in  about  the  same  latitude  and  longitmle. 

They  weri^  all  at  a  distanct  of  more  than  (»(>  miles  from  the  nearest 
land  at  the  tinu'  of  their  seizun*,  an<l  <ui  being-  cajitured  were  towed  by 
the  Corirhi  to  Oonalaska,  wlu.'re  they  are  still  detained.  The  «'rews  of 
the  Ctirotina  and  Thornton,  v  ith  the  ex<*ei)ti«ui  of  the  captain  and  one 
man  <m  ca(!h  vessel  detained  at  that  port,  were,  it  appears,  sent  by  the 
steaini-r  St.  Vanl  to  San  Fjum-isco,  Cal.,  and  then  turned  adrift,  while 
the  crew  of  the  Omrcil  were  kept  at  Oonalaska. 

At  the  timeof  tleir  seizure  the  Carolina  had  <»8()  seal-skins  on  board, 
the  Thornton  404,  ind  the  OniranI  !M(0.  an<l  these  were  detiiiiu'd,  and 
wouhl  appear  to  bi  still  kept  at  Oonalaska,  along' with  the  schooners, 
by  the  United  States  authorities. 

According:  to  information  given  in  the  Alaskan,  a  n-.-wspaper  pub- 
lished at  Sitka,  in  the  Tciritory  of  Alaska,  and  datcfj  the  4th  Sei)tem- 
ber,  1880,  it  is  rcport«'tl: 

(1)  That  tlu- master  ill'  1  ma  to  ol'thesi!ii;'0!;"r  T!iornton  wcro  hron;;lif  for  trial  licl'orc 
Jiiilfjo  Pawsoii,  ill  till'  I'liitcd  States  illstrict  court  at  Sitka,  on  the  liOlii  Alienist  last. 

(2)  Tliat  tliti  cvidciicci  <;ivt!ii  liy  tlio  otHrors  of  tlif  liiiltd  s^tatrs  rcvfiiiii"  niitfr 
Coririii  wi'ut  to  show  that  tho  Tlionititii  was  seizoil  wliilc  in  Itcrinjj;  Sea.  alioiit  t>0  or 
70  mi  It's  south  soiitht'a>;t  of  St.  (ii'or;fo  Island,  for  tlu'  olfiMisc  ^>l'  linn  tin;;  and  killiiijij 
si'als  within  that  part  of  lieliriii^L;  Soa  wliiidi  (it  wasallc^it'd  by  thr  Alaskan  iicws- 
jiaprr)  was  ct'ded  to  tlif  I'nittMl  Staffs  by  K'nssia  in  18(!7. 

(3)  riii»t  thfjiidiv'  ill  his  char^i'  to  flio  Jury,  after  <|iiotiiiy;  the  tirst  article  of  the 
treaty  of  the  lidtli  March.  1867,  lietween  Unssia  and  the  I'liilod  States,  in  which  the 
western  lioniHlary  of  Alaska  is  delined,  went  on  to  say:  "All  the  wiiters  within  the 
lioiindary  set  forth  in  this  treaty  to  the  western  end  of  the  .Mcntian  arehipohiKo  and 
cliain  of  islands  are  to  he  considered  as  coiii]irised  within  I  lie  waters  of  Alaska,  and 
all  the  jienalties  prescribed  by  law  against  the  killiii;;  of  fiir-lioarin^  animals  innst, 
therefore,  attach  a<;ainNt  any  violation  of  law  within  the  limits  heretofore  described. 
ll\  therefore,  thejnry  believe  frinn  the  evidence  that  llie  defendants,  by  thenisrh  ch 
in  ill  conJniH'tion  with  others,  did,  on  or  about  the  timtM'liar^ed  in  the  information, 
kill  any  otter,  mink,  inarleii,  salile,  or  fnr-seal,  or  other  fiir- bearing  animal  or  animals 
on  the  shores  of  Alaska  or  in  tlie  Itehrin^  Sea  east  of  l!l!  of  west  loii^itiide,  the 
jury  should  find  the  defendants  e;nilly,  and  assess  their  piiiiishmeiit  separatidy  at  a 
line  of  not  less  than  ^I'tMl  nor  niore  than  f  1,0IH).  or  imprisonmont  not  more  than  six 
months.  <M'  by  both  such  line  (within  the  limits  herein  set  forth)  and  iiii]ii'is(iiinieiit.'' 

(I )  That  the  Jury  broii;;lit  in  a  verdii't  of  guilty  against  the  prisoners,  in  accordance 
with  which  the  master  of  the  Tlionihiii,  Hans  (iiittonnsen,  was  sentenced  to  imprison- 
nient  for  thirty  days,  and  to  pay  a  line  ofifi.VM);  and  the  mate  of  the  Ti:<tniloii,'Sitrnv,i\\, 
was  Heiiteiiceil  to  imiirisonaient  for  thin y  days,  and  to|»!iy  a  tineof  ^H(H);  which  tc^rins 
id' imprisoiiinent  are  piesnuiably  now  bciii^  carried  into  ellct't. 

There  is  also  reason  to  lielieve  that  the  miisters  and  niales  of  the  Oinranl  and  Caro- 
Iniii  have  since  been  tried  and  sentenced  to  undergo  penalties  similar  to  those  now 
biting'  iiitlicted  on  the  master  and  mate  of  the  I'lioniloii. 

Vou  will  ob.serve,  from  the  facts  givt'ii  above,  that  the  authorities  of 
the  United  States  appear  to  lay  claim  to  the  .sole  sovereig^nty  of  that 
part  of  Helirin;;  Sea  lying'  east  of  the  westerly  boundiuy  of  Alaskii,  as 
dt'tined  in  the  first  article  of  the  treaty  concliuletl  between  the  United 

'  Fur  iueluauru  uuu  iSuiiutu  Ex.  Due.  Ho.  l(Hi,  uUtli  Congress,  "d  sess.,  p.  7,  uulu. 


SEIZURKS   OP    1886    AND    1887. 


la: 


r^r. 


States  and  TJussia  in  1S<)7,  by  wliidi  Alaska  was  ceded  to  tlie  Tiiited 
States,  and  wiiicli  includes  a  stretch  of  sea  extendinjiin  its  widest  part 
soineOOOor  700  miles  easterly  [westerly?!  from  the  mainland  of  Alaska. 

In  support  of  this  claim,  those  authorities  an*  alle;;ed  to  have  inter- 
fered witii  the  peaceful  and  lawful  occupation  of  Canadian  citizens  on 
the  hijih  seas,  to  have  taken  possession  of  their  shi|)s.  to  have  sul)ject«Ml 
their  property  to  forfeiture,  and  to  have  visited  upon  their  [)ersons  the 
indijifuity  of  imprisonment. 

Such  proceed inji's,  if  coirectly  reported,  wcmld  appear  to  have  been  in 
vi(dation  of  the  admitted  principles  of  int»'riiational  law. 

1  recpiest  that  you  will,  on  the  receipt  of  this  disjjatcli,  seek  an  inter- 
view with  Mr.  Ilayard,  and  make  him  ac(|uainted  with  the  initnre  of  tin' 
informati(UJ  with  which  Her  Majesty's  (iovcrnment  have  l»een  furnished 
respectinj;  this  matter,  and  state  to  him  that  they  do  not  doui>t  that, 
if  on  intjuiry  it  should  prove  to  be  correct,  the  (lovernnient  of  tin'. 
ITnit«'d  States  will,  with  their  well-known  sense  of  Justice,  at  once  admit 
tlu'  illegality  of  the  pi(»ceedinj;s  resorted  to  aj;aiiist  the  IJritisJi  vessels 
and  the  IJritish  subjects  above  mentioiu-d,  and  will  cause  reas(»nal»h' 
reparati(Ui  to  be  made  for  the  wron;;s  to  which  they  have  been  snbjecfed 
and  foi-  the  losses  which  they  have  sustained. 

Should  Mr.  Ilayard  (hisire  it,  you  are  authorized  to  leave  with  him  a 
copy  of  this  dispatch. 
1  am,  etc., 

Iddesleigh. 


k. 


i 


Mr.  Bayard  to  Sir  L.  S.  SavlriUc  Wist, 

Dei'aktmknt  of  State, 

WaxliiinftoH,  Xonmlin-  13.  IJ^SG. 

SiU:  The  delay  in  my  reply  to  your  h'tters  of  September  27  and  Oc- 
tober lM,  askin;>>°  for  the  information  in  ujy  posst'ssion  concerning- the 
seizure  l)y  the  United  States  i-evi'uue  cutter  Conriii,  in  the  l>elirin<j^ 
Sea,  of  Ibitish  vi'ssels,  tor  an  allejicd  violation  of  the  laws  of  the  I  Miitecl 
States  in  relation  to  the  Alaskan  seal  lislieries,  has  been  .-auscd  by  my 
waitin;^'  to  receive  fiom  the  Treasury  Department  the  information  you 
desired.  I  tender  the  fact  in  apoloj;y  foi-  the  delay  and  as  the  reason 
for  my  silence,  and,  reijcatin;;'  what  i  said  verbally  to  you  in  our  «'(Ui- 
versation  this  nxu-nin^i',  I  am  still  awaitin;;' full  an*l  aurlientic  reports  of 
the  Judicial  trial  and  Jndjiinent  in  the  <'ases  of  the  seizures  referred  to. 

My  application  to  my  colleajiue.  the  AttiU'ni'y-Ciciieral,  to  pi(»cur«'  an 
authenti)'  report  of  these  jiroceedinjis  was  promptly  made,  and  the  de- 
lay in  furnishinj''  the  rcixnt  (hmbtless  has  arisen  from  the  renioieiiess 
of  the  i)la<'e  of  trial. 

So  soon  as  I  am  enabled  I  will  convey  to  you  the  facts  as  ascertaineil 
in  the  trial  and  the  rnlin;:'s  of  law  as  ap|)lied  liy  the  court. 

I  take  leave  also  to  ackin)wled<>'e  your  coninninic:ition  of  the  :.Mst  of 
October,  informing'-  nu>  that  ym  had  been  instrtu-ted  by  the  ilarl  of 
Iddesleifiii,  llei'  SlaJ«'sty's  principal  secretary  ()f  state  for  foici-iii  af- 
fairs, to  ju'otest  ayainst  the  seizureof  the  vessels  above  referred  to,  and 
to  reserve  all  rijihts  of  <-onipeMsation. 

All  of  which  shall  receive  lespectful  (Consideration. 
1  have,  etc., 

T.  P.  r.AVABD. 


15G 


DIPLOMATIC    roURESPONDENCE. 
^Sir  L.  ^'.  i^aekrinc  West  to  Mr.  Bamod. 


Washington,  Ihrt-mher  7,  issn. 

(Ri'ct'ivi'd  Det'ciulHT  8.) 

Sir:  Referring  to  your  note  of  the  I'Jth  instant  [nltinto*!  on  tiie  snl) 
jtM't of  tiu'  8«'iznro  of  Britisli  vessels  in  tlie  IW'liriii'^' Seii,an(l  proinisinjuto 
riHivey  t<>  nie  as  soon  as  jiossihlc  tin*  facts  as  ascertained  in  rlie  trial  and 
tin'  rnlinj^s  of  law  as  applied  by  the  eonrt,  1  have  the  honor  to  state  that 
vessels  are  now,  as  nsnal,  equipping  in  British  C/olnnibia  foi'  tishinji'  in 
that  sea.  The  Canadian  (Jovernnient,  therefore,  in  the  . absence  of  in- 
formation, sii-e  desirous  of  ascertaining  whether  such  vessels  fishing  in 
the  op«'n  sea  and  beytnnl  the  territorial  waters  of  Alaska  would  be  ex- 
])osed  to  seizure,  ami  Her  Majesty's  (lovernment  at  the  same  time  would 
be  glad  if  some  assurance  wcndd  be  given  that,  pending  the  setth*ment 
of  the  questi<m,  no  such  seizures  of  liritish  vessels  will  be  nnide  in  lier- 


ing  Sea. 


1  have,  et<!., 


L.  S.  SAf'KviixE  West. 


Sir  L.  S.  Sackvilh-  West  to  Mr.  Bminrd. 

Washington,  'hitnmrii  9,  1SS7. 

(Keceivt'd  .laimary  10.) 

Sir:  I  have  the  honor  to  inform  you  that  I  have  reieived  instruc- 
ti<ms  from  the  Karl  of  Iddesleigh,  Ilei-  Majesty's  principal  s«'cretary  of 
state  for  foreign  affairs,  again  to  bring  to  your  n<>ti<*e  the  grave  repre- 
sentations made  by  Her  MaJ^'f^^v's  (lovernment  r«'specting  the  seizure 
of  the  British  vessels  (Utrolrna,  Onicard,  and  Thornton  in  Behring  Sea 
by  the  United  States  cruiser  Coririn,  to  which  nore|)lyhas  as  yet  been 
received. 

On  the  li7th  of  Sei)teniber  last  1  had  the  honor  to  address  to  you  a 
note,  in  which  I  stated  that  her  Majesty's  Government  reqneste<l  to  be 
furnished  with  any  i>articulars  which  the  United  States  Government 
might  possess  relative  to  this  occurren<'e. 

On  the  21st  of  October  last  I  had  the  honor  to  inform  you  that  I  was 
instructed  by  the  Karl  of  Iddesleigh  to  ])rotest  in  the  name  of  Her 
Majo'sty's  Government  against  siu*h  seizures,  and  to  reservi*  all  rights 
to  compensation. 

In  a  note  dated  the  12th  of  N«»veniber  last  yon  were  good  emmgh  to 
explain  the  delay  which  had  occurred  in  answering  these  c(nnmunica- 
lions,  and  on  the  same  day  I  had  the  honor  to  comnumicate  to  you  a 
dispat»*li  from  the  Karl  of  Iddesh'igh,  a  <'opy  of  which,  at  your  retpiest, 
I  place<l  in  your  hands. 

On  the  7tli  ultimo  I  again  had  the  honor  to  a<ldres8  you,  stating  that 
vessels  were  e(|uipping  in  British  Columbia  for  fishing  in  Behring  Sea, 
and  that  theCanadiauGovernnu'iit  were  (h'sironsof  ascertaining  whether 
such  vessels  fishing  in  the  oi)en  sea  and  Ix'yond  the  territorial  waters 
of  Alaska  w«mld  be  exi)o8etl  to  seizure,  and  that  Her  Majesty's  Gov- 
ernment W(mld  be  glad  if  some  assiu-ance  could  be  given  tlnit  pending 
the  s«'ttlement  of  the  questions  no  8u<'h  seizures  of  British  vessels  wouhl 
be  nnnle  in  Behring  Sea. 

The  vessels  in  questi<u)  were  seizi'd  at  a  distance  of  more  than  (50 
miles  from  the  nearest  laud  at  the  time  of  their  seizure.    The  master  uf 


I 


SEIZUfiES   OF    1886   AND    1887. 


157 


the  Thornton  was  si'ntciuM'd  to  iinprisoiimeiit  ihv  ih'wiy  days,  niwl  to 
pay  ii  Hiu'  of  •"{).*»()(),  ami  tlirn'  is  reason  to  believe  tliat  tlie  masters  of 
tlu'  OninirtI  and  ('iii'olcna  have  hceii  sentenced  to  simihir  penalties. 

In  support  of  this  »*laim  to  Jnrisdietion  over  a  stretch  oC  se.i  extend- 
ing in  its  wi  .est  part  some  UOihu*  TOOniiles  from  the  mainland,  advanced 
by  the  .jndjje  in  his  eharjfe  to  the  Jury,  the  authorities  are  allej;cd  to 
have  interfe'ed  with  the  jteacealile  and  lawful  occupation  of  Canadian 
citi/.uns  on  the  liij;li  seas;  t(>  have  subjected  their  ]>roperty  to  f«)rfeiture 
and  to  have  visited  uptui  their  perstuis  the  indijrnity  of  iniprisonuMMit. 
Such  proeeedinjjs  tiierefore,  if  correctly  reported,  appear  to  have  Ix'en 
in  violatiuii  of  the  admitted  principles  of  international  law. 

rnd«>r  these  cireumstances  Her  Majesty's  (rovernment  do  not  lu'si- 
tate  Uy  express  their  con«'ern  at  not  havinj>'  n^ceived  any  reply  to  their 
representations,  nor  do  they  wish  to  conceal  the}>rave  nature  which  the 
ease  has  thus  assumed,  and  to  which  I  am  now  instru(!ted  to  call  your 
immediate  and  most  serious  attention.  It  is  unnecessary  for  nu^  to  al- 
lude further  to  the  information  with  whi(!h  Her  Majesty's  (i.tvernmcut 
liavi*  been  furnislied  respcctin;;' these  seizur«'S  of  liritisli  vessels  in  the 
oi»en  seas,  and  whi«'h  tor  sometinu'  past  has  bei'ii  in  the  possession  of 
the  I'nited  Stiites  (loveruiuent,  because  Her  Majesty's  (iov(U'nm»'nt  d^» 
not  doubt  that  if,  on  inquiry,  it  shouhl  prove  to  be  correct,  the  (Jovern- 
inent  of  the  I'nited  States  will,  witii  their  well  kn(»wn  sense  of  JusLLue, 
admit  the  ilh';4ality  of  the  proceedinj>s  resorti'd  to  aj;ainst  the  Brltiish 
vessels  and  the  British  subjects  above  mentioned,  an<l  will  causa  rcu- 
souable  re[>aration  to  be  made  for  the  wrongs  to  which  tlu^y  havabe4,^n 
subjected  and  for  the  losses  which  they  have  sustained. 

In  conclusion,  I  have  the  honor  ajjciun  to  refer  to  your  note  of  the 
1  ith  of  Xovember  last,  and  to  what  you  said  verbally  to  nu' on  tliesanu^ 
<Iay,  and  to  express  the  hope  that  the  cause  of  the  delay  eomplained  of 
in  answering- the  representations  of  Her  Ma.jesty's  (lovi'rnment  on  tliis 
grave  and  important  nnitter  may  be  speedily  removed. 
1  have,  ete., 

L.  S.  Sackville  West. 


'.  Mr.  lUtifanl  to  Sir  L.  S.  Sftel-riUr  West. 

Department  OF  State, 
f  Wiisliinf/ton,  'hmnary  13,  1887. 

Sir:  Yonr  note  of  the  Otli  instant  was  received  by  me  tui  the  next 
<lay,  and  I  regret  t^xce.diugly  that,  although  my  etforts  have  been  dili- 
gently made  to  proce.re  from  Alaska  the  autluMiticated  copies  of  the 
judifual  proceedings  in  the  t'asesof  the  IJritish  vessels  Caroleua,  (huniril, 
and  Thornton,  to  which  you  refer,  I  should  not  have  been  able  to  obtain 
them  in  tinu'  to  have  made  the  urgent  an<l  renewed  application  of  the 
Karl  of  Id<lesleigh  supertluous. 

The  pressing  nature  of  your  note  constrains  me  to  infoiin  yon  that  o\\ 
September  27  last,  when  I  received  my  first  intimation  from  you  that 
any  qu«'stion  was  possible  as  t<»the  validity  of  tlu' Judicial  proceedings 
referred  to,  I  lost  no  time  iu  recpu^sting  my  colleague,  tin-  Attorney- 
(ieneral,  in  wlnise  department  the  ease  is,  to  pnieure  for  nu'  such  au- 
thentic iidbrmation  as  would  enable  me  to  make  full  response  to  y<mr 
applicati<m. 

From  week  to  week  I  have  been  awaiting  the  arrival  of  the  papers, 


158 


DIPLOMATIC    rORRESPONDENCE. 


juul  to-day,  at  my  request,  tlie  Attoriu'y-(J«'iH'ral  lias  telegraplu  <1  to 
Portland,  On'fjoii,  the  nearest  toleyrai)!!  station  to  Sitka,  in  Alaska,  in 
ordt'i-  to  expedite  tin*  fnvnisiiiny  of  tlie  d«'sired  papers. 

Y«>n  will  understan<l  that  my  wish  to  meet  the  (piostions  involved  in 
the  insti'iietions  yon  have  received  from  yonr  (lovernment  is  avern'd, 
and  that  the  delay  has  been  enforced  by  the  absence  of  reqnisite  infor- 
mation as  to  the  facts. 

The  distance  «»f  the  vess«'ls  from  any  land  or  the  circnmstanees  at- 
tendant upon  their  seizure  are  unknown  to  me  save  by  the  statements 
in  yonr  last  note,  ami  it  is  essential  that  such  facts  should  be  devoid  of 
all  uncertainty. 

Of  whatever  information  may  be  in  the  i)ossession  of  Her  Majesty's 
(iovernment  I  have,  of  course,  no  kaowledye  or  means  of  knowletlge, 
but  this  l)ei)artinent  of  the  (iovernment  of  the  United  States  has  not 
yet  been  placed  in  jiossession  of  that  ac(!urate  information  whicl»i,would 
justity  its  decisicMi  in  a  (pu^stion  which  ycm  are  certainly  warraiit«'d  in 
consijleriu};  to  be  of  jjrave  importance. 

I  shall  diligently  endeavor  to  procure  the  best  evidence  possible  of 
the  matters  incpiired  of,  and  will  make  due  response  tliereuiH>n  when 
tiu^  opportunity  of  decision  is  attbrdcd  to  me. 

Von  rc(piire  no  assurance  that  no  avoidance  of  our  international  ob- 
liyations  ne«'<l  be  apprehended. 
I  have,  etc., 

T.  F.  13ATAR1). 


11 


iiir  L.  S.  SftcJirillc  West  to  Mr.  Baynrd. 

IJRiTisii  Legation, 

Wfixhitif/ton,  February  1,  ISST.     (Ueceivetl  February  2.) 

Sir:  With  reference  to  your  note  of  the  12th  ultimo,  I  have  the  honor 
to  inform  you  that  under  date  of  the  27th  ultinu)  the  Manpiis  of  Salis- 
bury instructs  me  to  intpiire  wlu-itlu'r  the  information  and  jiapers  r«?1a- 
tivcto  the  seizure  of  the  British  schooners  TV/ /v>/cw«,  Ohmvi/v/,  and  Thorn- 
ton have  jeached  the  United  States  llovernnu'nt. 
1  have,  etc., 

L.  S.  Saokville  West. 


Mr.  Bayard  to  Sir  L.  S.  Saclrillc  West. 

Department  of  State, 

^\'aHllin^/ton,  Fel*rnary  .?,  1887. 

Sir:  T  be;;  to  acknowledge  your  note  of  yesterday's  date,  received 
to-day. 

Upon  its  re<'ei|it  i  made  instant  application  to  my  colleague,  theAt- 
torney-dcneral,  in  relation  to  tin*  record  of  the  ,judi«'ial  prot'eedings  in 
the  i-ases  of  the  tliree  British  vessels  arrested  in  August  last  in  llcliring 
Sea  f(U'  violation  of  tlu'  United  States  laws  regulating  the  Alaskan  seal 
tisheiies. 

I  am  infornuMl  that  the  documents  in  question  left  Sitka  on  tlu^  2r»th 
of  .January,  jind  may  be  expected  to  arrive  at  I'ort  Towusend,  iu  Wash- 


SEIZUHKS    OF    XHHG   AND    1887. 


159 


ingtoii  Territory,  about  tin  It'  iiistimt,Ho  that  tlic  papers,  in  tlie  usual 
course  of  mail,  should  be  meivedby  me  within  a  foitniylit. 

In  this  connection  1  takeociasiou  to  inform  you  that,  witluuit  con- 
clusion at  this  time  of  any  questions  which  may  be  found  to  be  involved 
in  these  cases  of  seizure,  orders  have  been  issued  by  the  Presiilcnt's  di- 
rection for  the  discontinuance  of  all  peudinjf  proc«'edings,  the  discharj-e 
ofthe  vessels  referred  to,  and  tlie  release  of  all  persons  under  arrest  in 
couuectiou  therewith.' 

1  have,  etc.,  „ 

T.  F.  Bayaui). 


•J 


Sir  L.  S.  Sackville  Went  to  Mr.  Ihtyard. 

WasiiinuT(>i\,  Fi'hruarn  /,  J8S7. 

(Ueceived  February  ">.) 

SiE:  I  have  the  houor  to  ackuowledj,'e  theie<*'ipt  of  your  note  of  the 
.'{d  instant,  informing  me  that  without  conclusion  at  this  tinu-ofany 
(luestions  which  may  be  found  to  be  involved  in  the  t-ases  of  seizure  of 
liritish  vessels  in  liehrinj;  Sea,  orders  have  been  issue<l,  by  the  Presi- 
dent's tlireetion,  tor  the  disctmtinuance  of  all  pendin};-  proceedinj^s,  the 
discharj?e  of  the  vessels  referred  to,  aud  the  release  of  all  itersims  un- 
der arrest  in  connectiou  therewith. 

I  have,  etc. 

L.  S.  Sackville  West. 


Sir  L.  S.  SadiciUc  \Yest  to  Mr.  Bayard. 

't1^  Washington,  April  /,  18S7. 

(lieceived  April  4.) 

Sir:  In  view  ofthe  approaching  tishing  season  in  Behring  Sea  and 
the  titting  out  of  vessels  for  fishing  operati(uis  in  those  waters,  ller 
Majesty's  (rovernment  have  retjuested  me  to  iiuiuire  whether  the  owners 
of  sui'h  vessels  nniy  rely  on  being  uunuilested  by  the  cruisers  of  the 
United  States  when  not  near  land. 

Her  Majesty's  Governnu'nt  also  desires  to  know  whether  the  do«'U- 
ments  referred  t(»  in  your  note  of  the  3d  of  February  last  conn«'<'ted 
with  the  seizure  of  ceitain  British  vessels  beyond  the  three-mile  limit 
and  legal  proceedings  connected  therewith  have  been  received.  And 
I  have  the  Inmor  therefore  to  reiiuest  you  to  be  good  enough  to  enable 
me  to  reply  to  these  iucpiiries  on  the  part  of  ller  Majesty's  Goverumeut 
with  as  little  delay  as  possible. 
1  have,  etc., 

L.  S.  Sackville  West. 


I  I'or  fiutlior  conespoiKloncein  reference  hereto,  see  Senute  Ex.  Doc.  No.  106,  50th 
Cougress,  2d  sess,  p.  56  et  seq. 


mmmm 


160 


lUPLOMATK  •    (.'( )|{KKSP()M)KNCE. 


M 


Mr,  Jiaijurd  to  ISir  L.  S.  Sdckrillc  Went. 

Dkpak'iment  of  State, 
Wanliiiifftitn,  April  i^,  IS87. 

Sir:  I  liave  tlio  iMHior  to  5H'l\no\vlo<l«;('  your  note  of  tlif  4tli  instant 
relative  to  tlie  tislieries  in  IJeliring  Sea.  and  in<|uirinj'' wlietlier  tlie 
doeiunents  referred  to  in  my  note  of  Felnuaiy  .■?,  relatinj-'  to  tiie  eases 
of  seizure  in  those  waters  of  vessels  eharjied  with  violating'  the  laws  of 
1h'  Tnited  States  regulatiuy-  the  killinj-of  fur  seals,  had  been  reeeixed. 

The  records  of  the  Judicial  proeeedi life's  in  the  cas'es  in  the  district 
e<airt  in  Alaska  refern'd  to.  were  only  received  at  this  J)ei»artnient  «)n 
Saturday  last,  and  are  now  under  examination. 

The  remoteness  of  the  scent'  of  the  fur  seal  tisheri<'s  and  tbti  special 
l)e«uliarities  of  that  industry  have  uinivoidaldy  delayed  the  Treasury 
olhcials  in  framinjj;  appropriate  re}iulationsan<l  issninji'ordeis  to  United 
States  vi'ssels  to  police  the  Alaskan  waters  for  the  j)rotection  of  the 
fur  seals  from  indiserimimite  slauf^iitei-  and  conse(|uent  speedy  extermi- 
nation. -^ 

The  laws  of  the  Hinted  States  in  this  behalf  are  contained  in  the  He- 
vised  Statutes  relatiiifi'  to  Alaska,  in  sections  l!)i>0-l!(71,and  have  been 
in  force  for  upwards  of  seventeen  years;  an<l  pritn-  to  the  seizures  of 
last  summer  but  a  singfle  infraction  is  known  to  have  occuiTed,  and 
that  was  juomptly  punished. 

The  (pu'stion  of  instructions  to  Government  vessels  in  iej;ard  to  pre- 
ventinji'  the  imliscriminate  killin<;-  of  fur  seals  is  now  bein^i  considered, 
and  1  will  inform  you  at  the  «'arliestdsiy  possible  what  has  been  decided, 
so  that  IJritish  and  other  vessels  visiting  the  waters  in  question  can 
yovern  themselves  accordingly. 
1  have,  etc., 

T.  V.  HAYAKl). 


(For  iiiclosures,  see  Senate  Ex. 
Sess.,  pp.  14-10.) 


Doe.  No.  100,  50th  Congress,  I'nd 


Sir  L.  S.  Sacl'viUc  West  to  Mr.  Bayard. 

Wasiiinoton,  ./»///  8,  /.s,s7.  (K«'<'eived  July  0.) 
Sir:  With  retV'rence  to  your  note  of  the  12th  Ajuil,  stating  that  the 
records  of  the  judicial  pi'oceedings  in  the  cases  of  the  Hritish  vessels 
seized  in  the  llehring  Sea  had  been  received,  I  have  the  honor  to  inform 
you  that  the  Manpiis  of  Salisbury  has  instructed  me  to  re(pi«'st  you  t<) 
be  good  enougii  to  furnish  me  with  a  <*opy  of  tiie  same  for  the  iutorma- 
tion  of  Her  Majesty's  Governiuent. 
1  have,  et4;., 

L.  S.  Sackville  West. 


'  Mr.  Bayard  to  Sir  L.  S.  Savkrillc  West. 

Department  of  State, 

Wanhiiiffton,  July  J  I,   1SS7. 

Sir:  C«)mplying  with  the  request  contaiue<l  in  your  note  of  the  8th 
instant,  conveyed  to  me  under  the  instructions  of  your  (Jovernment,  1 


8EIZi;UKS    OF    18KH    AND    1H87. 


IGl 


have  t1i:>  liniior  to  iiirlosc  you   two  printed    <-o|)ies  of  tlio  JiHliriiil   pni 
ceiMliii{>:s  ill  tlie  I'nitctI  States  distiict  court  for  tlie  District  of  AlasUa- 
Tii  tlu?  scvtMiil  cases  of  lilicl  ajiainst  the  schooners  (hnratil,  ('((rnlcmi, 
and  Thornton,  lor  killing;-  I'ur  weuKs  in  Alaskan  waters. 
Accej)!,  etc., 

T.  F.  Bayaud. 

4     (F(U  iin'h»8ure  sec  Senate  Kx.  Doc.  No.  10<»,  ."iOtli  Conyn'ss,  lid  session, 
pp.  17-48.) 


Sir  L.  S.  Saclrillv  West  to  Mr.  Bayard. 

J,  Washington,  An/ptst  11,  /.''S?.  (Ke«'eived  Atjgust  12.) 
Rib:  I  have  the  lioiior  to  int'orni  you  that  Her  .Majesty's (iovernnient 
liavo  leceived  a  teleyrani  IVoni  theconiniander-iii  eiiiefof  Her  Majesty's 
naval  forces  in  the  I'acific,  dated  N'ictoriii,  iiritish  Cohunbia,  Aujjust 
7,  itVjHtrtin^  the  seizure  by  T'  ited  States  cruisers  ot  lliree  Hritisli  Co- 
luiubian  sealin;;  schooners  in  ISelirinj;- Sea,  a  h)ii;i' distance  from  Sitka, 
an«l  that  seveial  otlier  v<'ssels  were  in  sijtht  beinj;-  towed  in. 

In  conveyiu}''  tiiis  infonimtion  to  you,  I  am  i  ((luested  at  tlie  sanu*  time 
by  the  Marquis  of  Salisbury  to  state  that,  in  view  ot  the  assurance« 
jiiveii  in  your  note  of  the  .'>d  of  February  last,  Her  Majesty's  (lovern- 
inent  had  assumefl  that  jtendinj;  the  coin-lusioM  of  discussions  betwe«'ii 
the  twoCJoverunicMts  on  jicneral  (|uesli((us  involved,  no  further  seizures 
would  be  nnide  by  order  of  the  L'nited  States  (lovernmeiit. 
1  have,  etc., 

L.  S.  Sackville  West. 


.  I 


Mr.  Bai/ard  to  v/,-  /,.  s.  ISaclrilte  Wtfit. 

Dki'aktment  of  State, 

Wosliiiifiton,  Anffnttt  /,V,  ISS7. 

Sir:  I  have  the  hon<u'  to  acknowh'd^ic  the  receipt  of  your  note  of  the 
nth  instant,  received  yesterday  afternoon,  in  for  niiiij;'  nn'of  a  telef^raphie 
coinniunicalioii  from  the  commander  iiichief  of  Her  Majesty's  naval 
forces  in  the  Tacilic,  datcii  at  N'ictoria,  IJrilish  ( 'obuubia,  August  7,  ro- 
)M)rti'ifi' the  seizure  of  three  llritish  Columbian  sealinj;' schooners  "in 
[•ehriuji'  Sea.  a  lonj:  distance  from  Sitka,"and  that  "several  other  ves- 
sels were  in  sii;lit  beinji'  towed  in,"' 

The  reference  to  my  note  to  you  of  tiie  .'>d  of  l-'eltniary  last,  which 
you  make  under  the  instiiiction  of  the  Mai(|uis  of  Salisbury,  has  (caused 
nu'  to  examine  the  expressions  contaiiietl  therein,  and  I  can  discover  no 
j;roun<l  whatev«'r  for  the  assumi»tion  by  Her  Majesty's  Cloverinnent 
that  it  contained  assurances  "that  pendinj;' the  conclusion  of  discus- 
sions between  the  two  (lovernments  on  gen<'ral  (|uestions  involved,  no 
further  seizures  wonhl  be  nmde  by  order  of  the  United  States  Govern- 
ment." 

(Tntil  your  not«' of  the  llth  instant  was  r<'ceived,  I  had  no  informa- 
tion of  tlie  seizure  of  the  sea  lin.v;  vessels  therein  referred  to,  and  have 
no  knowledjic  w  hatever  of  the  circumstances  under  which  such  seizuien* 
have  been  made. 


102 


DMM.OMATIC    <OR|{r,SI'<»N|)i;NCK. 


I  sliiill  at  uncc  (Mideiivor  to  supply  iii,\  srlf  with  tlie  inroniiatioii  iioc- 
CHsary  to  t'liaolo  nic  to  rrply  1<»  you  iiioic  fully. 

Tln'  «'as«'s  of  scizuH'  rcli'iird  to  in  my  note  of  I-'cbruaiy  .{,  1SS7,  lia<l 
oi'cuniMl  (luring  tin'  pirvious  Au{{usl,  ami  upon  tiie  basis  of  tlio  infor- 
mation then  ohtainod  I  wrote  you  as  follows: 

In  tliiM  ('(iniicrtion  I  lakr  MitMirciiNion  to  iiil'iiriii  von  tliiil,  willioiil  cDhi'liiNioti  i\i 
til  is  tiiiii'iifiiny  i|iit'.sliiiiis  wliicli  iiiiiy  lie  I'linnil  lo  l(c  iiiM>l\i'd  in  liic'Hci'tisfhut'Nci/iirr, 
(irilcrH  liiivr  Ix't'ii  JHsiit'il  liy  tlio  I'i'oiili'iit's  ilii't'riiiiii  (or  t  lie  (lisi.iiit  liiiiaiK't' nf  :ill 
IKMidin^  prnccrdin^fH,  iii(>  illsiliiii'iic  iit'  t  lit-  vcsm-Is  ii'lrirctl  to,  iiiid  ilir  rclrasf  td'  till 
)iei'FtiMiM  iiiidrr  iirrcst  in  cDnnrition  tlirrt'witli. 

Having;  no  reason  to  anticiitate  any  other  seizure,  nothin;^  was  siid 
in  relation  to  the  ixtssihilily  of  such  an  oeeurrence,  nor  do  I  lind  in  our 
eorrespondence  on  the  sul»jeet  any  j>i(tun(ls  for  such  an  iinderstandinjjf 
as  you  inform  me  had  been  assumed  to  exist  by  Her  ISritannie  .Majesty's 
Government. 

A  short  tinu'  sin<'e,  when  y(m  called  upon  me  and  personally  obtained 
copies  of  the  record  of  the  Judicial  i>rocccdin;>s  in  the  three  cases  of 
.seizure  in  Auj^ust  last  in  IJehriu};-  Sea,  nothing;  was  said  in  ri'lation  to 
other  cases.  Wln'ther  the  circumstances  atleiulant  upon  tlu'  cases 
which  you  now  rei)ort  to  me  are  the  same  as  those  which  indiui'd  the 
Executive  to  direct  the  releases  referred  to,  renmins  hereafter  to  be 
aseertaiued,  and  this  with  as  little  delay  as  the  circumstauc«'s  will 
permit. 

I  have,  etc., 

T.  F.  Uayaed. 


; 


m; 


Ill 


Marquis  of  Salisbury  fo  Sir  L.  S.  Saclvillc  West. 

[Loft  at  the  Uiimrtmuut  of  Statu  by  .Sir  L.  S.  SnckviUr  West.  ScpluiiilHr  •Jit,  1887.] 

Foreign  Ofi'ioe,  Scptemln-r  10,  18S7. 

Sir:  By  a  disi>atcli  of  the  3(>th  October  last  (No.  21 4)  the  late  Karl 
of  rddesleiiih  instructed  you  to  call  the  attention  of  the  Tnited  States 
Secretary  of  State  to  the  cir(!umstanccsof  tin-  seizure^  in  l>clirinf;'s  Sea, 
by  the  American  cruiser  Co>'/c//(,of  sttme  liritish  Cainidian  vessels,  and 
his  lordship  directed  you  to  state  to  Mi-.  Secretary  l>ayar<l  that  Her 
Majesty's  Government  felt  sure  that  if  the  proceedin;{s  which  were  re- 
ported to  have  taken  place  in  the  I'nited  States  district  court  were  cor- 
rectly described  the  Tnited  States  Goveiwiment  w(»uld  a<lmit  their  ille- 
gality, and  would  cause  reasonable  rejiaration  to  be  made  to  the  British 
subjects  for  the  wronj^s  to  which  they  had  been  subjected  and  for  the 
losses  which  they  had  sustained. 

By  a  previous  dispatch  of  the  !>th  Septcndx'r,  you  had  been  desired 
to  a.sk  to  be  furnished  with  any  particulars  which  the  I'nited  States 
Government  might  possess  relative  to  the  seizures  in  tpiestion;  and 
on  the  10th  October  you  were  instru(t<Ml  to  ciiei'  a  j»rotest  on  behalf 
of  Her  Majesty's  (iovernment,  and  reserve  for  consitleration  hereafter 
all  rights  to  (Munpensatiou. 

Nearly  four  months  having  ela])sed  without  any  delinite  information 
being  furnished  by  the  United  States  (Iovernment  as  to  the  grounds  of 
the  seizures,  my  ])redeces.sor  instructed  you,  on  the  8th  of  June  [,Jan- 
uaryf I  last,  to  express  to  Mr.  Bayard  the  concern  of  Her  Majesty's 
Government  at  the  delay,  and  to  urge  the  immediate  attention  of  the 


8KIZIRK8    OP    1886    AND    1887. 


1G3 


United  States  Oovciiiiut'iit  tn  the  aetioii  of  the  Ainerieun  authoritieH  in 
their  treatiin'iit  of  these  vessels  and  of  their  mastj'is  ami  crews. 

On  the  lid  Febrnary  .Mr.  Bayard  infoi'ined  you  that  the  re<'ord  of  the 
judicial  pitH'eedin^s  which  he  had  called  for  was  shortly  expected  to 
reach  VVasliin;;ton,  and  that,  without  eoneluslon  at  that  time  of  any 
questions  wluch  nd^iiit  l»e  found  to  be  involved  in  these  j-ases  of  seizures, 
orders  had  been  issued  by  the  IMesident's  direction  for  the  discontinu- 
ance of  all  |>(>ndiii<^'  |>i'oce(Mlin}j;s,  the  dis4'har;;e  of  the  vessels  referre«l  to, 
and  th(^  it'lease  of  all  persons  under  arrest  in  connection  therewith. 

On  the  4th  of  April,  undei'  instructious  from  me,  you  impiiredof  Mr. 
liayan',  in  view  of  the  appr()a<'hin}^  tl^hinJ;•  season  in  llehrinji's  Sea, 
whether  tiic  owners  of  IJritisli  v«'ssels  mij;bt  rely  when  not  near  land  <m 
bein^>'  uiHiiolested  by  the  cruisers  of  the  United  States,  and  y(  i  ajiain 
asked  wlicii  the  record  of  tlu-  judicial  proceeding's  niifiht  be  «  Apected. 

Mr.  Dayard  informed  you,  in  r«'ply  (iL'th  April),  that  the  papers  re- 
ferred to  had  reached  him  and  were  bein^'  exandned;  that  there  had 
been  unavoidable  delay  in  tVandnj;  appropriate  rcjiulations  and  issuinjj 
orders  to  the  Cnited  States  vessj'ls  to  police  the  Alaskan  wati-rs;  that 
the  Ifevised  Statutes  relating  to  Alaska,  sections  1950  and  1971,  (con- 
tained tlu'  laws  of  the  I'nited  States  in  relation  to  themattt'r;  and  that 
tln'  rcfiulations  were  beinj>'  considered,  and  he  would  inform  you  at  the 
earliest  day  possible  what  had  bu'U  decided,  so  that  IJritish  and  other 
vessels  might  govern  themselves  act     dinj-ly. 

In  view  of  the  stattMuents  niad«"  by  Mr.  Ilayard  in  his  note  of  the  .'{d 
Kebiuary,  to  which  I  liav»' rel'ci'j'cd  above,  Her  Majesty's  (lovernment 
assumed  that,  pendinj;'  a  conclusion  of  the  discussioii  between  the  two 
(iovernnients  on  the  geuiual  (|uesti(m  involv«'d,  no  I'mther  sindlar  s«'iz- 
ures  of  IJritlsh  vessels  would  be  nnuie  by  order  of  the  Unitecl  States 
(lovernment.  They  learn,  however,  from  the  contents  of  Mr.  Bayard's 
note  of  the  loth  ultimo,  iiudosed  in  your  dispatch.  >'o.  24"),  of  the  l."ith 
ultimo,  that  siu'li  was  not  the  nieaninj;'  which  he  intended  should  be 
attached  to  his  communication  of  the  '.U\  Kebiuary;  and  they  deeply 
regret  to  lind  a  proof  of  their  misinterpretation  of  th«  iidentions  of  the 
United  States  (Jovernment  fnaii  an  announcement  recently  received  from 
tlu'  comnnuuler-in  <'hief  of  Her  Majesty's  naval  foic«'sin  the  Pai-itic,  that 
several  more  liritish  vessels  engaged  in  seal  hunting  in  Behring's  Sea 
have  be«>n  seized  when  a  long  distance  from  land  by  an  Anu'rican  rev- 
enue vessel. 

Her  Majesty's  (Jovernment  have  carefully  considered  the  transcript 
record  of  the  judicial  ])roce»'dings  in  the  United  States  district  court 
in  the  several  eases  of  the  schooners  (>tiroliii<i,  Onirard,  and  Tlioniton, 
which  weie  comniunicat«'tl  to  you  in  -luly,  and  were  transmitted  to  me 
in  your  dispatch,  \o.  19(),  of  the  iL'th  of  that  month,  and  they  can  not 
find  in  them  any  ..ustilication  for  the  condemnation  of  those  vesst'ls. 

The  libels  of  information  allege  that  they  were  seized  tor  killing  fur 
seal  within  the  linnts  of  Alaska  Territory,  and  in  the  waters  thereof,  in 
violation  of  section  I9."»«;  of  tin-  Bevised  Statutes  of  the  I'nited  States; 
ami  the  United  States  Naval  Commander  Abbey  ceitainly  allirmed  that 
the  vessels  were  seized  within  the  wateis  of  Alaska  and  the  Terr  it  ory 
of  Alaska,  liut  according  to  his  own  exidence,  they  were  seized  7o,  11i>, 
and  79  ndles,  respectively,  south  southwest  of  St.  Ge()rg«''s  Island. 

It  is  not  disputed,  therefore,  that  the  seizures  in  i|uestion  were  ettected" 
at  a  distance  from  land  far  in  excess  of  the  limit  of  maritime  jurisdic- 
tion, which  any  nation  can  <'laini  by  international  law,  an<l  it  is  hardly 
necessary  to  add  that  such  limit  can  not  be  enlarged  by  any  municipal 
law. 


Ifi4 


DIPLOMATK      (  ( »l{lli:siN  )N1  »EXrE. 


I  .1 


The  clixini  thus  sot  up  ;i|ipt'iir>  to  !><•  Ibmnit'ii  (hi  rlif  e\ft>ptioii;il  title 
8;ii«l  to  luiv(^  been  coiiv  ('\«'il  to  tin-  liiitcd  Sialics  Ity  Itxissia  at  tiie  time 
of  the  cession  of  the  Alaskii  'IVri-iror\ . 

The  pretention  wiiieli  l  lie  Kos-uin  (lovernin' iii  it  cmetiini'  [ml  torwiird 
to  exehisive  jniisdietioii  over  tiM*  whole  of  lit'linni;-  Sesi  was,  iiowever. 
never  admitted  either  1)\  tlii^  (•»»nnrr\  orthe  Tniled  States  of  Aniei'iea. 
On  the  contrary,  it  was  streiiii*»HHly  lesistecL  as  1  shall  presently  show, 
and  the  American  (ioveinment  nam  hardly  ttjiim  to  have  received  troin 
liussia  rights  which  tlie\  dechmMi  to  he  ina«itniissai»le  when  asseiteiliiy 
the  J{iissian  (loxci  iinuMir.  Nor  ilo»*s  it  appem  from  the  text  of  tin- 
treaty  of  1<S('>7  that  Ifnssia  eithei  intended  oi  i»nrpoiite<l  to  mak«'  any 
such  }>:rant,  for  by  Article  I  of  that  iiistrnmeni  liusst^ia  a;;ree«l  to  cede 
to  the  I'nited  States  all  the  icrritoix  and  donnuion  rheii  jtosHes-.ed  Ity 
liUssia''on  the  continent  of  America  and  in  tin'  adiac<'nt  islamis"' 
within  certain  ^eo-^ia pineal  buints  describoi.  and  no  mention  was  nnule 
of  any  exclusive  ri;:ht  over  tiki*-  waters  of  IMn-inu  S«*;i. 

Moreover,  whale\er  ri;:hts  ;is  rej^ards  the  -pective  snbie<'ts  and 
citizeiif  maybe  reciprocally  lonferred  on  tli-  issi;.n  and  American 
(rovernments  by  treaty  stipnlation,  the  snbjecis  llcr  Majesty  can  not 
be  thereby  alfeeted,  i'\ce]»t  by  -special  arranp-inrnt  with  this  counfry. 

With  regard  to  the  e.xclnsive  claims  advanifcd  in  time>  past  li\  llns- 
sia,  I  transmit  to  yon  docnnnnts  commnnicated  to  the  Cinted  Statt's 
Congress  in  1.sl"J,  wlii«li  show  rhe  \  m-sv  taken  uy  ;;he  American  (iovein- 
ment of  these  preteidions. 

In  l.siil  the  kii\perorof  K'nsHialiad  issued  an  ••-liiit  esrabiishing  "riiiiies 
for  the  limits  of  navigation  and  order  of  cominininfMtion  alo!t<;  the  roast 
of  the  eastern  Siberia,  tlie  iiort  hwesit-in  coast  (if  Ajuerica,  iUid  the  Alen 
tiau,  Kirile,  and  othei'  islands." 

Th*-  ti  •■!*  section  of  the  edict  said: 

'I'hf     'I-     I  ii   1)1'  cniiiiiieiit.'.  wliiiliittj.  ;iii<l  lisliiiin.  mihI  id'  idl  otliiM'  indiiHirv  mi  iill 
JMiiiiKlM.  |HI^^.^    ;iiiil  ;;'iill's,  iiicliidiiiu  t  Ik-  \>  in^li- nT  i  Iic  iii>rtli\\<^t  i  ii;isl  of  AliHTini.  lu-- 
;;iiiiiiii^  trim    lifliriiiy  Siriiiis  t"  iIh-  ."  1st  il«';;riM'  << 
.'Viloiitiaii  tmcnMlH  to  tlii'  cMNtei'ii  ici.isr  nt'  >il»      i.  ;. 
Jbinui  b»4ir»ii«j:  Straits  to  the  soiitli  iiiix'  •►!       •   !■- 
iiMatberii  IxxmiM^f.  In  exclimively  ^t'iiiili'il  -so  i,  i^hi. 

And  i*em«fn  1'  stated: 

It  in.  I  i-  prohiltitctt  to  iill  forciapi  vi-sHels,  m>t  only  to  kaiid  on  tlic  coiwt  ami 

laMKincU  >'  til  UiiKsia,  iiB  NtMti'ii  alH)\i<.  Imt  n'lsn  in  :i)i|)r«ii"'li  tlieni  ^vitl1lcll  leMw 

'  lai     l(«i       .iLiai   mill's,     'I'll!'  traiisuTHHUor  s  vi'881'1    is  Miil»|t-rt        <-iiiilisciitiou.  .ilmi^ 
■viiL  1  Ije  "■'ittif  rai'iio. 

^«^m)^  II  tIi^'sc  regulations  wa>  <»tii(Mally  conimunicaiTed  to  the  jcjimt- 
>     "^Tate  by  th*-  UusHian  minister  at  V\  ishington  ft  tlie 
fi  '  jJ.  wliereiipoii  Mr.  <i>uiney  Adams,  o    I  he  L'otli  o    :liat 

n>inrth.  arret  utorii  ii;g  him  rhar  the  l*re«id<'nt  of  the  I  iiited  States  had 
s*'^-!!  Avttli  >tiri>ri.-.'  the  asHerrron  of  a  T*».rritorial  ciami  (»n  the  part  of 
UiaKHJa  ei.vtittnding  1-' the  tifty  tirst  degret- of  tu)rtli  latiMnieon  the  Amer 
ican  coiiriuieiit,  am  .i  legnlat/inn  inrerdieting  to  all  conMnercial  ves.sels 
other  riiaii  ItussiiLi  upon  tht-  peuaUy  of  sei/.iire  and  conhscation  the 
approacii  upon  tlr-  ingli  seas  a  irhiii  ItMt  Italian  miles  of  the  shores  to 
which  that  claim  'as  made  lo  ;ippl,\.  went  on  to  say  that  it  was  ex- 
]U'('ted.  before  an.\  ct  which  should  deline  the  boundary  between  the 
territories  of  the  f  iiite<l  States  an<l  Wussia.  that  the  same  would  have 
been  arranged  by  treaty  between  the  parties,  and  that  "to  exclude  the 
vessels  (d"  Americaiii  citizens  from  the  shore  be.\ond  the  ordinary  <lis 
tajiee  to  wiiich  t-eiwitorial  Jin-iMdi<'tioii  extended  Intsexcited  still  greater 
surprise;"  and  Mr.  Adams  asked  whether  the  l>us.-':,ii  minister  was  an- 
thorized  to  give  ex]^>li»«at ions  of  tlie  ''j^nMind  of  right  upon  priuciides 


IIIH'I  JH'I  H 

■  I  .M       ni. 

■iiiiit^ts. 


It  II  iiili>:  also  ii'oiii  I  Uf 
I":  till'  |\  iirili'  iHl.'iiMifl 
.  \  1/,  to  the  I,'    at)   ul' 


8EIZrRKS    <»!•'    18H(i    AXIJ    1887. 


Ifif) 


;i«Mii'isill,v  rccojiiiizcd  !>>  tin;  laws  iuul  iisayes  of  nations  wliicli  ciiii  war- 
rant  tin*  rlainus  and  rr^ulatious." 

Tiic  Unssian  minister  in  liis  reply,  dated  the  -Stli  Febrnary,  after  ex- 
])lainin<;  liow  liussia  had  acquired  her  possessions  iu  North  America, 
said : 

I  oiip;lif,  ill  tlic  last  ))lnci',  to  rct|ii('Ht  yon  to  considiT.  sir.  tliat  tim  UiissiHii  posHi's- 
Kioiis  ill  tin-  racilic  Occin  t\t(ii<l  on  ilic  nortliwiinl  roast  of  Aiiitnicu  fioin  IJeiiriii}i['N 
Strait  to  tile  "list  ilc-^rit' III'  norlli  l.it  il  iiilc,  an<i  on  Uie  opptLsitr  niili' of  Asia  ami  llio 
islamls  ailjaifiit  tVoin  tlic  same  strait  lotlic  l.'itli  (Irjfft^f.  'I'lic  cxtfiit  ofsca  of  wliicli 
llit'si-  |>ost4('ssioiis  ronii  till'  I  i  mi  Is  I'otiipri'lii'iiils  all  tlic  conilit  ions  \vlii<-li  ant  niilinaiily 
at  lac  lied  to  si  Mil  seas  i  •  uu'is  i'i:nii(is' ).  and  t  lie  liiiHsian  (iovcniniciitniinlit  consci|iiciitl.v 
Jii<li;c  i  I  sell'  ant  Icon/cd  to  rvciciM'  iijmiii  t  his  sea  tlit-  ii!j;lit  of  so\  cii-iiiiit  \ ,  and  i'>|)rci- 
all,\  I  hat  oC  fill  ircl.v  intt'i'dictinif  the  I'lii  lanci' of  roicij^iirrs ;  lint  it  iin-fi'ircd  only 
iwsfitiiin-  its  I'ssi'iilial  rinliis  w  iilioni  takiiiu  adNanta<;'i'  of  localities. 

On  tlie.'iOth  March  Mr.  .\dains  replied  to  the  explantitions  ;ii\('n  l>y 
the  [itissian  minister.  lie  stated  tiiat.  with  resjieet  to  tlie  p'.elii  sin'i 
advancetl  in  rejiard  tolerriloiy,  it  must  he  considered  not  only  \\  il'ii  i^!"- 
<'reiice  lo  tile  tpiestioii  of  lenitoiial  ri^lits,  lint  also  lo  tliat  pr<iliil)it''m 
(<►  the  vess«'ls  of  other  nations,  iiicliidiiiii  tliose  of  t lie  United  S'a-es.  i-i 
approach  with<"  100  llalian  miles  of  the  coasts.  That  from  tic  p  -to,! 
oi'  the  existeiii  i  of  the  I'liited  Slates  as  an  imlei»clideiil  iiaii^i.  ■l>i'\\ 
\essels  had  freely  na\i,t;aled  these  seas,  the  lijiht  to  navigate  tliem  !  e 
in.u'a  pari  ol  that  indepeiideiice;  and  with  rej^ard  to  the  si|o;;'estiiin  I'lat 
"the  IJnssian  (lovernmenl  miiilil  have  Justified  the  exercise  of  soNcr- 
ei/iiity  o\  er  the  I'acilic  ( )cean  as  a  close  sea,  'hecanse  it  claims  terriio, y 
lioth  oil  its  American  and  .\siatic  shores,*  it  may  sntlice  to  say  that  tln^ 
distance  from  sliorc  to  shore  on  this  sea.  in  latitude  51 '  nortii,  is  not 
less  than  IK)  of  lonoiindeor  l,(>00  mihs."  iMr.  Adams  ccmclnded  as 
follows: 

'I'lic  President  is  |ierHnaded  that  tlio  citizens  of  this  Union  will  rcniaui  nnmolesteil 
in  the  |irosccnlion  of  their  lawful  coninieicc.  and  that  no  clfctjt  will  bo  ^ivcn  to  an 
interdiction  manifestly  iiu'oin|iatililu  witii  their  ri^rhts. 

The  «',(ni\entioii  iietween  the  Ignited  States  of  America  and  linssia  of 
the  I7th  ,\i)ril,  ISl'l,  put  an  end  to  any  further  pretension  on  the  pait  of 
Russia  to  restrict  navijuation  or  lisliino  in  IJeiiiing  Sea  so  far  as  Ameri- 
can citizens  were  concerned:  for  i»y  .\rticle  1  it  wasajireed  thai  in  any 
part  of  the  (Ireat  Ocean.  (-(Uinnonly  called  the  I'acilic  Ocean  or  South 
Sea,  the  respectiv*'  citizens  or  snhjects  of  the  hi;;'h  contractin}^'  p.nveis 
shall  neither  be  distnrl)ed  inn- restrained,  either  in  navigation  or  lisli- 
iiifi,  savinjicertain  rest liet ions  whii'h  are  not  material  to  the  prt'sent 
issue;  and  a  similar  stipulation  in  theconvention  between  this«'onntry 
and  liiissia  in  the  followinj>'  year  (loth  May,  isij.")),  pnt  an  eml  as  re- 
;;'arded  liritish  subjects  to  the  pret«'nsions  of  Ivussia  to  which  1  Ic.ive 
leferied,  and  which  hiid  been  t'litirely  repudiated  by  ller  Majesty's 
(iovernmeiit  in  c(n'respoiideiicr  with  the  Kiissian  (iovernment  in  1S21 
and  IS2L',  which  for  your  more  particular  inforimiticm   1  in«'lose  lu'iein. 

Her  Majesty's  (Jovernmeiit  leel  sure  that,  in  view  of  the  considera 
tions  which  1  have  set  forth  in  this  dispatch,  wliich  yon  will  communi- 
cate to  Mr.  Hityard,  the  Govei  iiment  of  tlu^  I'liited  Stales  will  admit 
thiit  the  seizure  and  condemnation  of  these  r.iitish  v»'ssels  and  the  im- 
prisonment of  their  mast«>rs  and  crews  \ver«'  not  warranted  by  the  cir- 
eumstanct's.  and  that  they  will  be  icady  to  atVovd  reasonable  compen- 
sation to  those  who  have  sntfered  in  consopieiice,  and  issiu'  iinnu'diate 
instnictions  to  their  naval  otiiccrs  which  will  [neveut  a  reetirrence  ot 
these  reji'iettable  incidents. 
1  am,  etc., 

Salisuiiry. 


■ 


1G6 


BIPLOMATir    CORRESPONDENCE. 


Sir  L.  <S'.  Sackrillc  U'r.s7  lo  ^f>■.  lU.yard, 

V<'\siiiNGTON,  October  I,  1SS7.    (Kecoivcd  October  5.) 
Sir:  T  have  tlin  honor  to  iiM'h»s«'  herewith  a  U'ttw  iul(h«'s.se<l  to  the 
United  Stntcs  (listii<'t  attornc.v  iiiitl    l'nit«'fl   Stiit<'s  niiirsiial  at  8itkii, 
wliieli  has  been  (or  \var(l<Ml  to  in«'  by  tlie  j;ov<'i'noi' general  ofCanuda  tor 
transmission  to  yon. 

liord  Lansdowiic  statrs  that  this  letter  came  into  th«>  ](08sossion  of 
th<'  Canadian  (loveinment  thr(»n,i;h  tli«'  cajitain  of  the  scaling;  sehoonei- 
Al/rril  AtltuH.s.  to  wIhmii  it  was  liiven  by  tl«<>  tirst  hcntvnant  of  the  I'nited 
States  rcwnne-cntl*'!'  h'ifhanl  tiimli.  after  boardinjj^  the  said  sehooner 
and  e(>iiliscatin.u  the  sldns  and  arms  ('ontaintd  in  licr. 

His  ex«-ellen<'y  ad<ls,  by  way  »»f  cxphinatioii.  that  the  envi'hipe  of  the 
letler  wliicli  is  (U'scriia'd  l>y  tht*  minister  of  marine  in  the  report  trans- 
mitting it  as  sealed  and  nnn|»ened  appears  to  iiave  been  worn  thronjjh 
at  one  nid  in  transmission  by  post. 
1  iiave,  etc., 

L.  S.  Sackville  West. 


[InrliMinT.] 


Capiaiu  Shcpard  to  the   United  Slalt's  dixlrirl  atlorueij  and   United  State$  marshal  of 

Alatha. 

U.  H.  Revkxi'k  Stkamkk  h'rsjr, 

liehrniif  Sai,  .tii;iii8l  tl,  1SS7. 
fiKXTi.KMKX :  I  have  the  lioiutr  t"  inl'iirin  yiui  I lial  I  Iiuvn  tliis  day  sci/ml  t lif  lliitisli 
Ri'liitoiior  Alfred  J  loiiiK.  ot'  N'icioria,  li.  ('..  \V.  II.  I>ycr,  mastc  r,  anil  llii;.:li  McKay,  of 
Vii'toria.  H.  ('..  iiana^riii;;  owner.  Cor  viol.ition  of  law,  .sertioii  l'.i,'i(i,  K'tn  iscd  Stafiilcs. 
I  liavit  liikiMi  llicsi-al  skiim  (wliirli  will  lie  ilrliN crt'il  to  tin*  (luili'd  Sial<-H  dcpiity 
inai'.slial  at  Ooiiala.ska  I  and  his  arms  on   hoard  tli«   I'liitt'd  States  revenue  wtean'er 
liiinh,  and  ordered  tlie  eaplain  to  proceed  with  his  vessel  to  SitUa.  Alaska,  and  on 
his  arrival  to  Net  his  erew  at   lihcrty,  and  to  report  in  person  to  you,  an<'.   I   havi'  to 
^e(|n(^st  that  you  will  take  cJiar>;e  of  this  ves.sel  and  her  ollieers  nntil  I  I'an  a))pe!iriu 
tho  United  States  district  conrt  agaiust  them,  about  Septeniher  1  next. 
1  um,  etc., 

L.  (».  Shki'arii, 
Captain  United  Utatct  lieienue  Marine. 


! 

i    I 


Mr.  Bayard  to  Mr.  (larlond. 


DepartmI'^.nt  of  State, 

W'fisliiiiytdii,  Ociolxr  r, 


1f^fi7. 


Sir  :  T  have  the  honor  to  transmit  to  you  herewith,  for  your  informa- 
tion, a  copy  of  a  not«'  to  this  Department  from  tlie  British  minister  at 
this  capita!,  iindosinp:  a  letter,  ad<hes,sed  (o  the  United  Slates  district 
attornt^y  and  (he  I'lnted  States  marslial  at  Sitka;  and  statint;'  tlienum- 
ner  in  whicli  it  reached  the  minister's  hands. 
1  have,  etc., 

T.  F.  BAYARn. 


5 


SEIZURES   OF    1886   AND    1887. 


Sir  L.  S.  Sacluulle  }Vcst  to  Mr.  Bayard. 


1G7 


Washington,  October  is,  issy. 

(Jie('«'iv«'«l  OctoluM- 1,1.) 

Sni:  In  cnnnoction  witli  the  reprosentatioii  whicli  I  was  iiisjru«'te«l 
to  ma'av  to  yon  rcsin'ctiii};  tlie  scizuro  of  tin;  British  sj'hooiiors  (hiiranl, 
('a  roll  no,  iiinl  Tlioriitoii, hyUn'^  United  States  <;niist'i'C'y»'/r/;,',  in  Boliriny's 
Sea,  I  have  the  honoi-  to  iiilonii  you  that  I  am  now  I'mtliei'  insti  iicted  to 
make  simihir  rejneseiitatitdis  in  the  easi'sof  tiie  British  (!(>himl)ian  ves- 
sels (Iraee,  Doljthiii,  and  \V.  P.  Sai/trard,  seized  hitely  l>y  the  United 
States  revemie  entter  liicliard  ItLKsli,  and  at  tlie  same  time,  as  in  the 
eases  of  the  Omciiid,  Carolina,  and  Thornton,  to  reserve  all  rights  to 
eompensation  on  behalf  of  the  owners  and  erews. 

1  am  also  instruc^ted  to  jioint  out  to  yon  that  according  to  the  dejiosi- 
tion  of  the  mate  of  the  W.  l\  Sayn-avd,  a  copy  of  which  is  inclosed,  no 
seals  had  been  taken  by  her  crew  in  Beliring's  Sea,  as  is  ailege<l  in  the 
libels  of  inforumtion  Hied  on  behalf  of  the  Unit«'d  States  district  attor- 
ney in  the  district  court  of  Alaska. 
I  have,  etc., 

L.  S.  Sackville  West. 

(For  inclosnre  see  Semite  Ex.  Doc.  No.  10(5,  Kiltieth  (Jougress,  second 
session,  p.  56.) 


Mr.  Bayard  to  Sir  L.  S.  Saclville  West. 

Depaktment  of  State, 
Washington,  Octotter  \:\,  1887. 

Sir;  I  have  the  honor  to  acknowledge  your  note  of  yesterday,  in  le- 
lation  to  the  cases  of  seiznre  of  the  British  scht»oners  (fnirard,  Caro 
Una^  and  Thornton,  in  Behring  Sea,  by  United  States  revenue  \essels, 
in  August,  l<S8)i,  and  also  your  instructi(Uis  to  incbnh'  by  similar  rei»re- 
sentations  tin*  cases  of  the  British  Ooluinhiiin  vessels  ^T/vf,v'.  Ih>ljth'n>, 
and  ir.  I'.  Soj/n-artl,  sv'\/A't\  l>y  the  United  Stales  revenue  auth.tiitics 
in  Behring  Sea,  witli  notiticaticm  that  Her  Britannic  Majesty's  CJovern- 
ment  reserves  all  right  to  compensation  on  behalf  of  i!ie  owners  and 
erews  of  the  above  nu'ntioned  vessels.  The  al1id:i\  it  ot  I  he  niiite  of  thr 
W.  P.  Saifirant  has  been  read,  and  the  facts  tlierein  slated  will  l»e  at 
once  investigated. 
I  have,  etc., 

T.  F.  Bavaud. 


Sir  L.  S.  Savlrille  West  to  Mr.  Bayard. 

Washington,  October  If),  1H87.    (Received  October  21.) 

Sir:  I  have  the  honor  to  inform  you  that  I  am  instructed  by  the 
Maronis  of  S;:lisbury,  Jler  Majesty's  ])rincipal  secretary  of  state  for 
foreign  affairs,  to  protest  against  the  seizure  of  the  (Canadian  vessel 
Alfred  Adams,  in  Behring  Seas,  and  against  the  continimtion  of  simi- 
lar proceedings  by  the  Uiiued  States  authorities  on  the  high  seas. 
1  have,  etc., 

L.  S.  Sackville  West. 


I  I 

I    I 


168 


DIPLOMATIC    rOKUKSPONJiENCE. 


I 


;V>'> 


Mr.  Bayard  to  iSir  L.  S.  kSaclrillr  Went. 

Department  of  State, 

Wash in!f ton,  (Mobcr  ::.%  1SS7. 
SiB:  I  liinl  tli(*  lionor  of  rocciving  last  evriiiii;;  your  note  oltlu'  IS'tli 
iiistaut,  convoy Jiji'  tin*  instrnctiou  to  you  by  the  .Miin|uis  of  Sulishnry 
tliat  you  sliouhl  protest  a^ain^t  the  seizure  of  the  Canadian  vessel 
Alfred  Adamit  in  ISehiin;--  Sea,  an<l  a;;ainst  the  eontinu.ince  of  similar 
IMoeeedings  by  the  United  States  authorities  on  the  high  seas;  and  1 
Lave,  etc., 

T.  F.  iiAVARU. 


li 


') 


ifH'^ 


,  t 


in  if 


Sir  L.  8.  Sm'lvUU  Went  to  Mr.  Bayard. 

WASiiiNtJTDN,  (ktolwr  .i'6,  tssT.     (Keceived  October  27.) 

Sir:  VVitli  reference  to  my  noteof  tiie  M>th  instant,  piotestingagiiinst 
the  seizure  of  the  Britisli  scho<nier  Alfred  Adams,  I  have  tlie  Jionctr  to 
transmit  to  you  iierewith  cojiy  of  the  report  of  the  ('aiiadlan  minister 
of  marine  and  lisheries  aud  other  papers  relating  theret<». 
I  have,  etc., 

L.  S.  Sackville  West. 

(For  inch)sure,  see  Seiinte  Ex.  Doc.  No.  10(».  ."lOth  Congress,  2d  ses- 
sion, pp.  59-04.  lu  this  document  wili  also  be  found  further  corre- 
si)oiuleuce  relating  to  the  foregoing  subject.) 


CORRESPONDENCE    RELATIVE    TO    PROPOSED    INTERNATIONAL 
MEASURES  FOR  THE  PROTECTION  OF  FUR-SEALS. 

mitANCK. 

Mr.  Bayard  to  Mr.  Viiiuand} 

No.  250.]  I)KIV\I{TVENT   OF   STATE, 

Woshiiifitoii,  AiifiKsl  1!),  JSS7. 

Sir;  Ivccent  occurrenci's  hav»'  drawn  the  attention  of  this  l)<'p;irl- 
ment  t<>  (li<'  necessity  ol'  tsiknig  steps  for  tlic  belter  protection  ol  the 
fur  seal  llslicries  in  ricliiiiig  Sea. 

Witliout  raising  any  (jnestion  as  to  the  exception. il  measures  which 
the  |>eeuliar  character  of  the  |iroperty  in  (piestion  Jiiight  justily  this 
(iovernment  in  taking,  and  \\itli(»iit  relercnce  to  anyexecpiional  marine 
jiuiidietion  that  might  i»ropeily  he  elaimed  far  that  end,  if  is  dcemc<l 
advisable — and  I  am  instru<'t<'d  by  the  rr<'sident  so  to  inform  yon — to 
attain  the  desired  ends  by  international  coi)p»'rati(»n. 

It  is  well  known  that  the  unregulated  and  indiscriminate  killing  of 
seals  in  nuiny  i>arts  of  the  world  lias  driven  ihem  from  place  to  place, 
and,  by  Incaking  u[i  their  habitual  resorts,  lias  greatly  reduced  their 
number. 

Under  these  <'ircumstaiU!ea,  and  in  \iew  of  the  <'omm(Mi  ijitercst  of 
nil  nations  in  preventing  the  iinliscriminate  destmction  and  eonsecpienti 

'Identic  iiiHtriKtionH  wore  snnt  to  tlio  lliutcd  HtatcH  inuuHterb  to  U«rmuuy, 
Great   iiritiiin,  .)a}i)(u,  UiiHHia,  uiul  >S\vf<U'ii  iintl  Norwiiy, 


rUOroSKlt    INTKRNATlONAr.    MKASUllKS,   I8S7- 88. 


inn 


oxtcriiiiiiiitioii  (•!'  -Ill  aiiiiiial  which  ('oiitribiitcs  so  iiii|M>rt:uitl,v  to  the 
coiiiiiu'ieiiil  Wdiltli  and  jit'iicial  iisu  of  maiikiiitl,  you  arc  licrchy  in- 
striictc'd  to  draw  the  attention  of  the  (lovernineiit  to  w  liich  you  arc  ac- 
t'lcditcd  to  the  subject,  and  to  invite  it  toeiiter  into  such  an  arraii;;eiiiciit 
with  the  (J(»veniincnt  of  tiie  United  States  as  will  ineveiit  the  citizens 
of  cither  country  from  i<illiiij;'  seal  in  llchiinj;'  Sea  at  such  times  and 
jdaces,  and  by  sin  h  metiiods  as  at  |>rcsenl  are  imrsiicd,  and  whi<'li 
threatt'ii  the  si)ecdy  extermination  of  tliosi'  animals  and  consequent 
serious  loss  to  mankind. 

The  ministers  of  the  United  States  to  Crermany,  Sweden  and   Nor- 
way, Russia,  Jaiian,  and  (Ireat  llritain  have  been  each  similarly  ad- 
dressed ou  the  subject  referred  to  in  this  instruction. 
1  uiu,  etc., 

T.  F.  Bayard. 


l^o.  490.] 


Jl/>'.  Me  Lam-  to  M).  Jirnjard. 

Li:(iATI<)N   OF  TllK    UXITEI)   STATES, 

Parin,  (Mohcr  :J:J,  lbS7.     (IfiM-eivcd  Novemiier  11.) 


Sll{:  Referrinji' to  your  No. 'J."»i!,  of  Aujiust  l'.>.  instriictiiiji'-  Mr.  Vij;- 
naud  to  draw  the  attention  of  tiie  French  (Jovernment  to  the  necessity 
of  taking-  stei)S  tor  the  better  protection  of  the  fur-seal  lisheries  in  IJelir- 
iiifi  Sen,  with  a  view  of  obtaining  its  co(i|ieratioii  with  the  I'liited  States 
in  measures  inleiitlcd  to  reach  that  end.  I  have  to  state  that  .Mr,  Klou- 
rensis  williiifi-  to  consider  favorably  any  i>roject  of  interna  tioiial  arrange- 
ment yon  may  be  disposed  to  submit  coiiceniing  the  inatt«'r. 

I  inclose  herewith  a  translation  ol  a  note  received  tVoin  Mr.  l-'lourens 
which  explains  his  view.     The  note  of  September  IT,  to  which  he  refers, 
is  simply  an  acknowledynieiit. 
i  have,  etc., 

Koiiinn  M.  McLane. 


[Ilii'IoHiirr  with  N'li    IIMi  —  ri.iii.MlatiiMi.] 
Mr.  FtoiinitH  lo  AJr.  Mel. am. 


l'A!!l>.  n,l„h,r.Jl,  ISS7. 

Sir:  Mr.  Vijiii:»n<l  was  ^ood  cnonuli  to  inrnrni  me  uii  iix  IJlst  i>f  .Ui^^iist  last  that 
tile  I'll  i  It'll  Stat»-<  <ii>\  iTiiiiitiii  was  ilcsiiniis  nl'  inn-iiltiiin  with  tlic  |ii'iii<'j|ial  nations 
iiit»'ii'stt'<l.  witli  [In-  vifw  of  niai\inj'-  icjiulaf ii'ii.s  in  rcjiaril  to  tlit!  seal  lisliciiL's  in 
IJflninK  Strait. 

Rcrt-rriiij;  to  luy  (•oiiiiniinifatinn  of  tin-  ITtli  Sc'iitoinlici' l.-ist.  1  liav(^  tiic  honor  to 
intorui  you  thai.  a]lhonj;h  tin-  imlnstry  in  uncslion  lias  i.ut  liccn  fnj;a;j;r(l  iti  li\ 
French  shipowners  up  to  liic  ])r<'8('iit  time,  tht- (io\friinn  ni  of  IIk-  K'cpnlilic  is  not 
the  less  iljsposi'il  to  confci'  for  that  piiiposc  witii  ilic  lioxcrnini'iit  of  tlic  I'liiird 
States  aii<l  lo  r\aiiiinr  an\  dralt  ot'  an  intiTiiational  convent iini  which  may  he 
eoininnuioated  to  it  by  tiie  Caliinef  at  \\',ishiiis;lon. 

1  will  he  olilij;('d  to  yon  if  yon  will  bo  kind  ciiongh  to  truusniit  this  reply  to  tho 
Aiuerienu  (io\ irniueut. 
Ac-c-upt,  etc., 
.,,.  Floukens. 


I  I 


170 


No.  271.] 


DIPLOMATIC    CORR?:SPONDENCE. 
Mr.  Bayard  to  J/r.  McLean. 


Depaktmknt  of  State,    , 

Wdshhiffhui,  Xorcmher  is,  1R87. 
Sir:  1  liav»>  to  iicknowlt'(lf>e  your  No.  41)0,  of  the  L'lM  ultimo,  tiaiis- 
niitting  <'0|>.v  ot"ii  note  of  \\w,  UlstofOctolKM'  fnnu  Mr.  Klouiriis,  iiitorin- 
ing  this  (lovt'i'imioiit  of  tin;  willinyiu'ssof  tlio  Froncii  Kcpuhlit;,  though 
tbt'iT.  are  not  many  Krcuiih  shii)s  engaged  in  the  seal  hshorics,  to  ron- 
I'er  with  us  or  to  examine,  any  draft  of  a  fonvt'Uti«)n  intended  to  regu- 
late those  fisheries  in  Hehring  Straits. 

This  response  ot  the  I'-renc^h  (lovernment  to  our  invitation  is  very  sat- 
isfiuitory,  and  in  due  time  further  iustruetions  on  the  subject  will  be 
seut  you. 

1  am,  etc., 

T.  F.  IUyard. 


Mr.  Bayard  to  Mr.  McLanc.^ 


No.  293.] 


Dpu'Artment  of  State, 
<  Wanhinfftoii,  February  7,  188S. 

Sir:  I  inclose  herewith,  for  your  infoiniation,  two  printed  i-opies  of 
an  instruction^  of  tliisdate  to  E..).  IMielps,  FiS«|uirc,  United  Stat«sniin- 
istci- at  London,  in  response  to  a  <lisi)ateh  ficmx  him,  in  wiiich  it  was 
stated  that  Ijord  Salisbury  had  expressed  ac<piieseence  in  a  ju-oposal 
made  by  rae  for  an  agreenn'nt  between  the  United  States  ami  (Jreat 
Britain  in  regard  to  the  adoption  of  concurrent  regulations  for  the 
pi'eservation  of  fur  seals  in  Behriiig  Sea  from  extermination  by  destruc- 
tion at  impi'ojier  seasons  and  by  imi>roi)er  methods  by  the  citizens  of 
either  country. 
1  am,  etc., 

T.  ¥.  Uayard. 


Mr.  Coleman  to  Mr.  liayard. 


No.  408.] 


Legation  <>f  the  UNiTKn  States^, 
Berlin,  September  I,  l<\s!'.     {l{eceive«l  Sfplember  17.) 

SiK:  1  have  the  honor  to  inclose  herewith  a  copy  (»f  a  note  I   have 

today  addressed  to  the  foreign  otVice  in  execution  of  your  instruction 

!No.  Ii4(>,  of  the  llHii  ultimo,  relating  to  the  necessity  oi  ineasures  being 

adopted  for  the  better  protection  of  the  fur-seal  lisiieries  in  Uehring  Sea. 

1  have,  etc., 

Chapman  Coleman. 


[Inolosure  with  Mr.  Coleman's  No.  498.] 
Mr,  Coleman  to  Count  von  livrchcm. 


No.  311.] 


Legation  of  tiik  UxnicD  Siatks  ok  Asfkhica, 

/>V»/i«,  Seplimhir  1.  IHSJ. 

The  iiuilorsignod,  charjj;d  d'atlaircs  ad  interim  <»f  tlu>  I'nititl  Statrs  of  AiiuTica,  has 
the  lioiiur,  noting  iimicr  iiiHtruc-tioiia  from  his  (iovcrunu-iil.  to  iiifunii  Count  voii  \W\- 


'  Id<Mitii' iiiatnictioim  were  sent  to  llic  fiiitpil  Stati's  iiiiiiistorH  to  GtM'iuaiiy,  Uim- 
sia,  and  t^widcn  and  Norway. 

-See  infill,  p.  172;  sec  also  Seuato  JIx,  Doc.  No.  106,  Fiftieth  Congress,  second  si'S- 
pion,  I*.  88. 


fl 


PROPOSED    INTERXATTONAL    ^^fEASTTRES,  l887-*88. 


171 


••liciii,  iiiiiKt  SIM  Kiiiry  of  stiili'  in  ilijirirc  of  tlio  iiin»tiiul  foifi^fii  ((fflce,  tliiit  n'tciit 
oci'iin'cnct'M  liiivc  ilrawii  the  iitlmtioii  (tl'lhat  (ioviirnnieiit  to  tin-  ni-ccssity  iif  taUiiif; 
HtrpH  lor  tlM>  Itcllcr  |iroi<'('lioii  ol'  tin-  t'lir-ttciil  lislicrieN  in  IS*'lii'iii<;  Si-a. 

Without  raising  any  i|ii('Hlioii  as  ti>  tiir  (>xct'|>lioiial  iiit'Hsiii'cH  which  tlio  peonliar 
churactcr  ot'  thf  iiro|MTl_v  in  i|iifsiii'  nii^iht  JiistiCy  the  (iovcriinn-iit  of  the  I'nilt'd 
States  in  takin<r,  anil  without  ii'trrrii  to  any  exri'iitional  inaiinr  Jnri>4ilirtion  tiiat 
nii;;lit  |iro|)i'i'ly  lie  riainiril  lor  tlial  rud,  it  has  liccn  iteenieil  ailvisaltlo  to  Heok  to  at- 
tain the  lii'sii'i'd  ends  l)y  inti'i'iiational  roitpcration. 

It  i^4  well  known  that  tlio  niii'e;;'nlatril  anil  iuili.sci'iininat*!  killing  of  HealH  in  many 

IiartH  of  (he  world  has  diivrn  thrni  from  ]ila('e  to  jiiace,  and  hy  l)rfakin<r  ii]>  tlit-ir 
laliitnal  resorts  has  j^reatly  rednreil  their  ninnlier. 

Under  these  eireuiiisiaiireH  and  in  view  of  the  eonnnon  interest  of  all  nations  in 
preventin<;'  the  indiserimiiiate  destriiition  and  eonseijuent  extermination  of  an  ani- 
mal whieh  eonti'ihntes  so  ini))ortantly  to  the  eonniiereial  wealth  antl  (General  use  of 
mankind,  the  (iovei-nmont  of  the  I'liited  States  has  instrueted  the  nnilorsiy;ned  to 
present  the  suhjeet  to  the  attention  of  tJie  Imperial  (Government,  and  to  invite  it  to 
enter  into  sneh  an  arrangement  with  the  (iovernmeut  of  the  I'nited  States  aH  will 
jtrevent  the  eiti/.eiis  ol' either  eonntry  from  killinji;  seals  in  J{ehrin;;Sea  at  siieli  times 
and  plaees,  and  hy  sneh  methods  as  at  present  are  pnrsneii,  and  which  threaten  the 
Njieedy  extermination  of  those  animals  and  consei|nent  serious  loss  to  n>ankind. 

'i'lie  nndersi)r||)>d  liegs  to  a<ld  that  he  has  been  infoi'med  by  his  (iovernment  that 
the  ministers  of  the  I'nited  Slates  to  Sweden  and  Norway,  li'nssia,  France,  (iri^at 
Itritain,  ami  Jajtan  iiave  bec-u  eacL  similarly  addressed  on  the  subject  referred  to, 
and  avails  himself,  etu. 

CllAPMAM  CUI.KMAN. 


GUKiVT   BJRITiVIN". 

Mr.  riii'lj)^  to  ^[^'.  Bayard. 

No.  618.]  Lhgation  of  the  Umted  States, 

Jjoutlon^  S'ovcmlnr  J:J,  /iS.s7.    (I{e<'<'ivt!<l  Movt'.iiibcr  22.) 

Sir:  HcUm  riii}''  toyotir  instviu'tions  iiiiiiibtTcd  (!S5,ot'  Aii};ust  ll>,  1887, 
I  liiivc  now  to  say  that  owiiiji'  to  tlu'  altsnicc  fn»)ii  liOiitlon  oi'  liOid  Salis- 
Idiry,  st'cretiiry  of  state  I'nr  Ibrt'ijjn  an'aiis,  it  lias  not  been  in  my  power 
to  obtain  his  attention  to  tiie  subject  until  yesteithiy. 

I  had  then  an  intei'view  witii  him,  in  whieii  I  pioposeil  on  the  pait  of 
the  (iMverniiH'iit  of  the  United  States  tliat  by  mutual  aorccment  of  the 
two  (loveinnients  a  code  of  rejiulations  should  be  adopted  for  the  pres- 
ervation of  the  seals  in  l>elirin<i'  Sea  from  destruction  at  impr<>Mer  times 
ami  by  improper  means  by  the  citizens  of  either  country;  such  aj;ree- 
meiit  to  b«'  entirely  irrespective  of  tiny  (piestions  of  contli<;tin}j;' juristlic- 
tion  in  those  waters. 

His  lordship  prom)»tly  actiiiiesced  in  this  proposal  on  the  part  of 
(iieat  liritain  and  suj;j;'est«'(l  that  I  should  obtain  from  my  (Iovernment 
and  submit  to  him  a  sketch  oi  a  system  of  regulations  whiidi  would  be 
iidequiite  for  the  purpose. 

I  have  therefore  to  recpiest  that  I  maybe  furnished  as  early  as  possi- 
ble w  ith  a  (halt  of  such  ii  code  as  in  your  Jud;;nient  slioidd  be  adopted. 

I  would  suj^;iest  also  that  copies  of  it  be  furnished  at  the  same  time 
to  the  ministers  ol  the  I'nited  States  in  Gerniany,  Sweden  and  Norway, 
Knssia,  France,  and  .hipaii.  in  order  tluit  it  may  be  under  considera- 
tion by  the  (.iovernments  of  those  countries.  A  mutuiil  a};teenient  be- 
tween all  the  Governments  interested  may  thus  be  reachetl  at  an  early 


*iy. 


1  have,  etc., 


E.  J.  Phelps. 


■na 


172 


UIPLOMATir    fOHRKSPONDKNfR. 


No.  733.] 


Mr.  Jtayitrd  to  Mr.  riirlpx. 

DKI'AUrMKNT   OF   STATK, 

\\'anlii)i(ft<ni,  Xoreinher  2'i,  1SS7. 

SlK:  Your  Xo.  018,  of  the  12tli  iiistiiiit,  sliitinj-  tin*  result  of  your 
iutei'views  with  Lord  Salisbuiy  ou  th«^  subjci^t  oC  the  seal  lislieries  in 
lielirinji'  St-ii,  is  received. 

Tiu»  favoralile  res])onst'  to  our  su}{<>estion  of  luutiuilly  ajireeiu};'  to  a 
eode  of  re{;ulati(Uis  is  very  satisfaetory,  anil  the  subjeet  will  have  im- 
mediate attention. 
1  am,  ete., 

T.  F.  Bayard. 


Mr.  Jiayard  to  Mr.  Phelps. 

No,  782.]  Deparimknt  of  State, 

Waxliimjtoii,  Fi'hrum-y  7,  1888. 

Sill:  I  have  received  your  No.  (»1S,  of  the  12tii  of  November  last 
eontainiii}''  an  account  of  your  interview  witli  Lord  Salisbury  of  the 
]»re<!eding  day,  in  which  liis  lordship  expressed  acquiescence  in  my 
l>roposal  of  an  agreement  between  the  Tnited  States  and  Great  Uritaiu 
in  regard  to  tlie  ado])tion  (»f  concurrent  re<>nlations  for  tln'  preserva- 
tion of  fur  seals  in  Jlehring'  Sea  from  extermimition  by  destruction  at 
improper  seasons  and  by  im]»rop«'r  mctliods  by  the  citizens  of  either 
country. 

In  response  to  his  lordshi|)'s  suf>ji('sti(m  that  this  (lovernnu'iit  sub- 
mit a  sketch  of  a  system  of  reynlations  for  the  purpose  indicated,  it 
amy  be  expedient,  before  mai^inji  a  detinite  ju'oposition,  to  describe 
some  of  the  conditions  of  sea!  life;  and  for  this  purpose  it  is  bcliev«'d 
that  a  coiicise  statement  as  to  that  pait  (tf  the  Mfe  of  the  seal  which  is 
spent  in  IJehriny  Sea  will  be  sullicient. 

All  those  who  have  ma<le  a  study  of  the  seals  in  Behrinjt'  Sea  are 
agret'd  that,  on  an  average,  from  live  to  six  months,  that  is  to  say,  from 
tin'  middle  or  toward  the  emi  of  spring  till  the  middle  or  end  of  October, 
are  s]»ent  by  them  in  those  waters  in  breeding  and  in  rearing  their 
young.  During  this  time  they  have  their  rookeries  on  the  islands  of 
St.  Paul  and  St.  (leorge,  which  constitute  the  I'ribilof  group  and  be 
long  to  the  I'liited  States,  and  <m  the  Comnmnder  Islands,  which  belong 
t<»  Knssia.     I  bit  the  nnndier  of  animals  r<'sorting  to  the  latter  gronj)  is 

II   : : :j.i.    .i...i  a.: t...  ..i...  i'. riii *.  ..i'i.i.„ 


.... V.  „.  .............  ..„w..^...fe  ....  v..^  .....^.  gronj) 

snndl  in  comparison  with  that  n'sortingto  the  tbrnu'r.  The  I'est  ofthe 
year  they  are  supi)osed  to  spend  in  tin-  open  sea  south  ofthe  Aleutian 
Islands. 

Their  migration  northward,  which  has  been 
durinji  tin 
nun 


^.., ..  ....^......,..  ...,x.. ......,.,  .......  ......  .......  stated  as  taking  place 

iring  the  spring  and  till  the  middle  t»f  .hine,  is  made  through  the 
iiiimerous  ])asses  in  the  long  chain  of  the  Aleutian  Islands,  abovewhich 
the  courses  of  their  travel  converge  chielly  to  the  I'ribilof  groujt.  J)ur- 
ing  this  migration  the  female  seals  are  so  ad\ anced  in  piegnam-y  that 
they  generally  give  birth  to  their  young,  which  arcs  <'ommonly  called 
pui)s,  within  two  weeks  after  rea<'hing  the  rookeries.  IJetween  th<'  time 
of  the  birth  of  the  ]mi>s  and  of  the  emigration  ofthe  seals  from  the 
islamls  in  tlu»  autumn  the  females  ar»'o(!cni)ied  in  suckling  their  young; 
and  by  far  the  largest  part  of  the  seals  found  at  a  distance  from  the 
islands  in  Behring  Sea  (luring  the  summer  and  early  autumn  aie  te- 
males  in  search  of  food,  which  is  made<loubly  necessary  to  enable  them 
to  suckle  their  young  as  well  as  to  support  a  condition  of  renewed  preg- 
uaney,  which  begins  iu  a  week  or  a  little  more  after  their  delivery. 


1 


/'i 


/ 


PHol'O.SHK    INTKUNATIONAl.    MKASIUKS,   1887- 8H. 


173 


Tlio  iiijilc  seals,  or  hulls,  as  tli«'.v  ar»'  coininonly  callt'd,  n'(]iiir«>  littlo 
food  while  oil  the  Islaiiils,  wliciv  iht-y  rciualii  };'iiar<lni^  their  harems, 
wateliiii^'  tlie  rook«'ries,  and  siistaiiiiii;;  existence  on  the  lar^e  amount 
<>r  bluhber  which  tliey  liave  secretetl  luMieatli  their  skins  and  which  is 
•gradually  absorbed  durin^i  the  five  or  six  sue»'eedin;i'  months. 

Moreover,  it  i<  im|»ossil)le  to  distin<;'uish  the  male  from  the  female 
seals  in  the  watei-,  oi'  |)re<;'nant  fenuiles  from  those  that  are  not  so. 
When  the  animals  are  killed  in  the  water  with  liiearms  many  sink  at 
once  aiul  are  ne\«'r  recovered,  and  some  authorities  state  that  not  more 
than  one  out  of  three  of  those  so  slanjiliteied  is  «'ver  secured.  This 
may,  however,  be  an  over«'stimate  of  the  nund>er  lost. 

It  is  thus  ai>i>areiit  that  to  permit  the  desi  ruction  of  the  seals  by  the 
tise  of  lin^arms,  nets,  or  othei'  mischievous  means  in  Uerin^i  Sea  woid<l 
result  in  the  speedy  exterunuat ion  of  the  race.  There  appears  to  be  no 
ditti'rence  of  opinion  on  this  subject  amonj;'  experts.  And  the  fa<'t  isso 
clearly  and  forcibl\  t:ited  in  the  report  of  the  inspector  of  lislH-ries  for 
Ibitish  Columbia  ot  thc.'Mst  of  l>eceud)er.  issd,  that  I  will  (pu>te  there- 
from the  followinji  jM-rtinent  passaf;e: 

'I'licif  wcif  ivillcil  llii.s  st'iir,  s(i  lio-,  I'nmi  10. ()()()  Iti  ."i().()(Kl  liirsi'uls,  wliicli  Iinvf  Ikcii 
tal\<'ii  l>y  s('liiniiiri>.  I'roiii  S;in  I'imiicim'o  mid  Nictnrin.  Tlic  ;;ii'iitrr  iiiiinlicr  wtTc 
killi'd  in  lt<'lii'iii<;  S(m.  miiiI  w  frc  iii'jirlv  :ill  cows  or  t'ciiialc  seals.  'I'liis  fiioi'iiioiis  catcli, 
willi  till'  iiiricasi-  wliicli  will  take  ]>!ai-i'  wlicn  tlii>  vessels  litlinj;  up  eviTV  ,\i'ai-  aii' 
ready,  will,  1  am  afraid,  soon  deplele  our  I'lir-seal  lislieiv,  and  it  is  a  )rreat  pity  that 
siieli  a  valiialde  indiisliy  could  not  in  some  way  lio  protected.  ( Ifepori  of  'I'lioiiias 
Mowat,  inspcM'tor  of  lislieiits  for  lirilisli  Colnnibia;  Sessional  I'ajier.s,  \tt\.  15,  No. 
Hi,  p.  L'lW;  Ottawa,  IXXl.) 

The  tmly  way  of  o))viatinj,'  the  lameiitabh!  restdt  above  predictetl  a]) 
pears  to  be  by  the  rnited  States,  (Ireat  Britain,  aud  other  interested 
powers  takinjii'  concerted  action  to  prevent  their  citizens  or  subjects 
Ironi  killinji'  fur  seals  with  liiearms,  or  other  destructi\('  weii|ions.  m>rth 
of.")(Pof  iHM'th  liititiide.  and  between  Klb^  of  lon;;itude  west  and  170" 
of  huij^itude  east  from  (Jreenwich,  diiriiiji  the  period  interveidn;;'  be- 
twi-eu  April  l.">  aud  November  1.  To  prevent  the  killinj;'  within  a 
marine  Ix-lt  of  40  <>.  •*0  miles  from  the  islands  durin;;'  that  period  woidd 
be  inetVectiml  as  a  preservative  measure.  This  would  clearly  be  .so 
tlurinji'  the  approach  of  tlu'  seals  to  the  islands.  And  ttfter  their  tir 
rival  there  sucli  a  limit  of  prot«'ction  would  als(»  be  iusunici<-nt,  since 
the  rapul  proj^icss  ot  tlif  seals  thr(m,uh  the  water  enables  them  to  j>d 
{>'reat  distances  from  the  islands  in  so  shtut  ti  time  that  it  hits  been  <"al- 
cidated  that  aii  oriliuiiry  seal  couhl  •;'o  to  the  Aleutian  Islands  aud 
back,  in  all  a  distance  of  .'>(tO  or  100  ndles,  in  less  than  two  <lays. 

On  tiie  I'ribilot  Islands  themselves,  where  tlu'  killin,u'  is  at  pres»>nt 
under  the  direction  of  the  .Vlaskii  Commercial  Comjtany,  which  by  the 
terms  of  its  contract  is  not  permitted  to  take  over  1(K>,(I0(»  skins  a  yetir, 
no  females,  pups,  or  old  bulls  are  ever  killed,  iind  thus  the  breediuj;'  of 
the  animals  is  not  interfered  with.  The  old  l)ulls  are  the  lirst  to  reach 
the  islamls,  where  they  await  the ctuniuf;' of  the  females.  As  the  yoiino- 
bulls  arrive  they  are  driven  away  by  the  old  bulls  to  the  sandy  ptirt  of 
the  islands,  by  themselves.  And  tlu'se  tire  the  animals  that  are  driven 
iidand  ami  tlu're  kdled  by  clubbinji,  so  that  the  skins  are.  not  pertbratetl, 
and  discrimimition  is  exercised  in  each  case. 

That  the  exterminatitui  of  the  fur  seals  must  soon  take  place  unle.ss 
they  are  protected  from  destruction  in  Jiehriii,n  Sea  is  shown  by  the 
fate  ol'the  animal  in  other  parts  of  the  world,  in  tlie  aitsence  of  eonce-ted 
action  amono'  the  mitioiis  interested  for  its  preservation.  Formerly 
many  thousands  of  .seals  w»>re  obtained  annually  from  the  South  I'aeille 
Islands,  and  from  the  coasts  of  Chile  and  South  Africa.    They  wer*'  also 


174 


DII'I-OMATIC    COHI{F-SI'(»Nl<KNCK. 


,li 


i,  1  ,i. 


i;il 


roiniiiitii  ill  tlic  Fiilkliiiid  Isliiiids  uikI  tlH>  atljiicciit  sras.  But  in  tlioso 
islamls,  where  ImiMlrt'ds  of  tlioiisiiiids  of  skins  won'  l«»iiin'rly  ohtiiiiM'ii, 
tlieie  have  Im'cii  tiiUen,  iircordiiii;'  to  best  stiifistics,  since  ISiSl),  less  tiniii 
1, .">()()  skins.  In  some  pliU'CM  tlie  iiKJiseriininjite  shnijiliter,  espeeiiiliy  Ity 
use  of  lirenrnis.  Inis  in  a  few  yo;ii's  resulted  in  eoin|>lelely  hreiikinj;;  up 
extensive  r()ok«'iies. 

At  tlu'  present  tinu'  it  is  estiniatetl  tliat  out  of  iiii  iiff;:je;jiite  yeiiily 
yield  of  Isr»,(MM»  sejds  from  ;dl  parts  of  tlie  ;i]ol»e,  o\er  1.'{U,(MI(>,  or  more 
tliiin  two  tidrds,  :ire  olit:dned  from  tlie  rookeries  on  tlie  Americiin  iiud 
Kussiiin  isliinds  iu  Helirin;;  Sea.  Of  the  reiiiaii'der,  the  lar;;('i' part  are 
taken  iu  Hehiiii;:'  Sea,  althoii^^h  such  takiii<>-,  at  least  on  siieli  a  seale,  in 
that  quarter  is  a  eomparatively  reeeiit  thin;;'.  Itiit  if  the  killing  of  the 
fur  seal  there  with  lirearms,  in'ts,  and  other  destructive  iuipleiiu'iits 
were  permitted,  hunters  would  abantion  other  and  exhausted  i>la(!es  of 
pursuit  ioi'  the  mon'  i>rodiu;tive  Held  of  Uehrin^Sea,  wheie  extermina- 
tion of  this  valuable  animal  would  also  rapidly  ensue. 

It  is  manifestly  for  the  interests  of  all  natioiiK  tliat  so  dei^orable  a 
tiling'  should  not  be  allowed  to  oeeiir.  As  has  already  Iteen  stated,  on 
the  Pribilof  Islands  this  (iovernment  strictly  limits  the  uuudier  of 
seals  that  may  be  killed  under  its  own  least'  to  an  Amerij-an  company; 
and  citizens  of  the  I'nited  Stati's  have,  duriiij,'  the  i>ast  year,  been  ar- 
restt'd  and  ten  American  vessels  seized  for  killiiiy  fur  seals  in  Behring 
Sea. 

Kuyland,  however,  has  an  <'specially  yreat  int«'rest  in  tliis  matter,  iu 
addition  to  that  which  she  must  feel  in  preventing  the  externiination  of 
an  animal  which  contributes  so  much  t^t  the  ^ain  and  comfort  of  her  peo- 
ple. Neai'ly  all  un<lressed  fur  seal  skins  are  sent  to  London,  where  they 
are  <lressed  and  dyed  lor  the  niaiket,  and  where  many  of  them  are  Sohl. 
It  is  stated  that  at  least  lO.OdO  jieople  in  that  city  tiixl  i)rolitable  em- 
ployment in  this  work;  far  more  than  the  total  number  of  jieople  «'n- 
yaji'ed  in  hunting  the  fur  seal  in  every  jtartof  the  world.  At  the  I'rib- 
ilof  Islands  it  is  believed  that  there  are  not  more  than  4(M»  persons  so 
enya^ed;  at  Commander  Islands,  in)t  nnu'e  than  3(M(;  in  thcNorthwcv-*. 
coast  lishery,  not  more  than  '*'2.'t  Indian  hunters  and  100  whites;  and  in 
the  (Jape  llorn  lisheiy,  not  more  than  400  persons,  of  whom  perhajis 
; 500  are  Chileans.  (Jreat  Britain,  therefoie,  in  coiiperatin^i- with  the 
I'nited  States  to  incvent  the  destructitui  of  fur  seals  in  IW'hriny  Sea 
would  also  be  per])etuatin;;'  an  extensive  and  \aluable  industry  in  which 
her  own  citizens  have  the  most  lucrative  share. 

I  inclose  for  your  information  copy  of  a  memoiandum  on  the  fur-seal 
fisheries  of  the  world,  prepared  by  >lr.  A.  Howard  Clark,  in  response  to 
a  re<|uest  made  l)y  this  Department  to  the  U.S.  Fish  Commissioner.  I 
inclose  also,  for  your  further  infoimation,  coi>y  of  a  letter  to  me,  dated 
December  .'Ul  last,  from  .Mr.  Jleiiry  W.  Elliott,  who  has  sjient  much  time 
in  Alaska,  engaged  in  the  study  of  seal  life,  upon  which  he  is  well  known 
as  an  authority.  I  desire  to  call  y(»iir  «'S|»ecial  attention  to  what  is  said 
by  Mr.  Klliott  in  respect  to  the  new  method  of  catching'  the  seals  with 
nets. 

As  the  subject  of  this  disjiatch  is  oiu'  of  great  imiiortaiuie  and  of  im- 
mediate urgency,  1  will  ask  that  you  give  it  as  early  attention  as 
possible. 

1  am,  etc., 

T.  F.  BAYAUl). 

(Fcu"  iuclosuri's  see  Senate  Ex.  Doc.  No.  lOG,  Fiftieth  Congress,  second 
session,  pp.  90-i)G.) 


rilOl'O.SKIi    INTKI.'NAIIuN Ah    MKASIKKS,   IH«7-a8. 
Mr.  I'lirlpn  to  Mr.  Hin/anl. 


175 


No.  01M).|  l,K(iATION   OF   Tin;    I'MTKl)   StATKS, 

l.ouiinu,  Frhriniri/  Is,  /.s.s.s.     (IJfcciviMl  l-'chnmry  IfH.) 

Sii{:   I   rcccivtMl   yrstt-i day  your  instruction    No.  7SL.'.  under  dutr  of 
Kcluniuy  7,  irliitivf  to  tlu'  Alnskiin  s«'iil  lislicrit's.     I  ininu'diatt'ly  ud 
dit'ssvd  ii  note  to  liord  Sidishury,  inrlusin^-  lor  his  pt'insiil  onr  ol'  the 
printed  copies  of  tlic  instruction,  iiiid  requesting;  un  ii|)pointuient  for  an 
early  intervi»'\v  «ui  the  sultject. 

I  also  sent  a  note  to  tin-  Ifussian  andiassador,  and  an  interview  with 
him  is  arranged  for  the  -1st  instant. 

'I'ln>  whole  nnitter  will  receive  ni,\  ininiediate  and  thorough  attention 
and  I  hope  for  a  favoralde  n'sult.  Meanwhile  F  woidd  ask  your  ouisid- 
eration  of  the  inanntM-  in  which  you  would  propose  to  carry  out  the 
n';;uhitions  of  these  tisherics  that  nniy  l»e  a};reed  upon  hy  the (u»unt lies 
inten'sted.  NN'ould  in»t  le^iislation  he  necessaiy ;  and,  if  .so,  is  there  any 
hope  of  ohtainin;;'  it  on  the  part  of  Congress  If 
1  have,  etc., 

E.  J.  PlIEI.l'.^. 


Mr.  l*lulp.s  to  Mr.  Utii/nrd. 

|K\lriirt.| 

No.  (!02.]  Lkcation  or  tiik  irNrn:T)  Statics, 

Lntnliiii,  Frhrtiarif  :.':'>,  isss,     (L'cccived  MarclHl.) 

Sill:  Keferrin;;'  to  your  instru<*tions,  nuinhered  7SL*,  of  l-'ebruary  7, 
ISSS,  in  r«'ference  to  the  Alaska  seal  lislu'ries,  and  to  my  reply  thereto, 
numl)ered  (ilKI,  of  l<\>l)ruary  IS,  I  have  the  honor  to  inform  yon  that  I 
have  since  had  interviews  on  the  subject  with  liord  Salisbury  and  with 
M.  de  Staal,  the  Kussian  ambassatbu'. 

Lord  Sab.sbiiry  assents  to  your  proposition  to  establish,  by  mutual 
arranjivment  between  the  ji(»vernnn'nts  interested,  a  idose  time  for  fur 
seals,  l»etw«'en  April  15  and  November  1,  and  between  KiO'^  of  lon;;itnde 
west  ami  IH)'^  of  lon;;itude  east,  in  the  IWdirin^j  S<'a. 

He  will  also  join  the  I'liited  Stat«'s  (Jovernment  in  any  preventive 
measures  it  may  be  thou^iht  best  to  ado|»t,  by  orders  issued  to  the  naval 
vessels  in  that  lejiion  of  the  icspective  ji<tvernments. 

1  have  this  mornin*;-  t<'le^ia]died  you  for  additional  printed  co|>ies  of 
instructions  7iSl,'  for  the  nseot  Her  Majesty's  (Joveinment. 

The  Russian  ambassador  concurs,  so  far  as  his  personal  opinion  is 
concerned,  in  the  juopriety  of  the  proposed  measures  for  tin'  pi'otecrtion 
of  the  seals,  and  has  |>romised  to  communicate  at  (Uice  with  hisdovern- 
ment  in  rej;ard  to  it.  I  have  furnished  him  with  copies  of  instructions 
78U  lor  the  use  of  his  Government. 
I  have,  etc., 

E.  J.  PUELPS. 


Mr.  Bayard  to  Mr.  Phelps. 

No.  810.]  Department  of  State, 

Wanltiitfftoit,  March  2,  JSSS. 
Sir:  I  have  to  acknowled<>e  the  receijd  ot  your  No.  <»'.>(►,  ()f  the  ISth 
ultimo,  in  ndation  to  the  Alaskan  seal  fisheries,  and  have  pleasurt'  in 
observing'  the  inomptitude  with  which  the  business  has  been  conducted. 


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176 


DIPI.OMATIC    COHUKSPONDENCE. 


'I, 


It  iis  1i(»ihmI  tliivt  Lord  Siilislmry  will  s'ivo  it  t'sivomblo  coiisidciation, 
as  there  can  l)e  no  doubt  of  the  iiiiportiiuce  of  j>reserviiij;'  the  seal  tisli- 
cries  in  Bclirinji'  Sea,  and  it  is  also  desirable  that  this  should  be  done 
by  aT!  arranji-enient  between  the  j;overnnients  interested,  without  tlu^ 
United  States  beinj;  called  u])on  to  consider  what  s])eeial  measures  of 
its  own  the  exeeptional  character  of  the  projierty  in  question  mijilit  re- 
quire it  to  take  in  case  of  the  refusal  of  foreign  powers  lO  give  their  co- 
opi'ration. 

Whether  legislation  wonhl  be  necessary  to  enable  the  Tnited  States 
and  (ir<'at  Britain  to  carry  out  measures  for  the  protection  of  the  seals 
would  depeiul  much  u]»on  the  character  of  the  legulations;  but  it  is 
l)robable  that  legislation  w  mid  be  re(|uired. 

The  manner  of  protecting  the  seals  would  dei)end  upon  the  kind  of 
arrangement  which  (Ireat  Britain  would  be  willing  to  msike  with  the 
United  States  for  the  policing  of  the  seas  and  for  the  trial  of  British 
subjects  violating  the  regulations  which  the  two  Governments  may 
agree  upon  lor  such  protecti(m.  As  it  appears  to  this  Government,  the 
commerce  carried  on  in  and  about  Behring  Sea  is  so  limited  in  variety 
and  extent  tiuit  the  present  etforts  of  this  (Toverument  to  protect  the 
seals  need  not  be  complicated  by  considerations  which  are  of  great  im- 
portance in  highways  of  commerce  and  reniler  the  interference  by  the 
otticers  of  one  Government  with  the  merchant  vessels  of  another  on 
the  high  seas  inadmissible.  But  even  in  regard  to  those  parts  of  the 
globe  where  commerce  is  extensively  carried  cm,  the  United  States  and 
Great  Britain  have,  for  a  common  purjiose,  abated  in  a  measure  their 
objection  to  such  interference  and  agreed  that  it  might  be  made  by 
the  naval  vessels  of  either  country. 

Eeference  is  made  to  the  treaty  concluded  at  Washington  on  the  7th 
of  April,  1862,  between  the  Ignited  States  and  Great  Britain  for  the  sup- 
pression of  the  slave  trade,  under  which  the  joint  policing  of  the  seas 
by  the  naval  vessels  of  the  contracting  parties  was  i)rovi(led  for.  In 
this  convention  no  limitation  was  imposed  as  to  the  part  of  the  high 
seas  of  th«  world  in  which  visitation  and  search  of  the  mei'chant  ves- 
sels of  one  of  the  contracting  parties  might  be  made  by  a  naval  vessel  of 
the  other  party.  In  the  jiresent  case,  however,  the  range  within  which 
visitation  and  search  would  be  reqxiired  is  so  limited,  and  the  commerce 
there  carried  on  so  insigniticant,  that  it  is  scarcely  thought  necessary 
to  refer  to  the  slave-trade  convention  for  a  precedent,  nor  is  it  deemed 
necessary  that  the  performance  of  police  duty  should  be  by  the  naval 
vessels  of  the  contracting  parties. 

In  regard  to  the  trial  of  oftenders  for  violation  of  the  proposed  regu- 
lations, ])rovision  might  be  nmde  for  such  trial  by  handing  over  the 
alleged  offender  to  the  courts  of  his  own  country. 

A  pre(^edent  for  such  i)rocednre  is  found  in  the  treaty  signed  at  the 
Hague  on  May  0,  1882,  for  regulating  the  police  of  the  North  Sea  tish- 
eries,  a  copy  of  which  is  inclosed. 
I  am,  etc., 

T.  F.  Bayard. 


Sir  L.  8.  SacJcville  West  to  Mr.  Bayard. 


or 


Washington,  March  j^n,  1888.    (Keceived  March  2 

Sir  :  With  reference  to  the  proposal  that  concerted  acti<m  be  taken  by 

Great  Britain,  the  United  States,  and  other  interested  powers,  in  order 


PROPOSED   INTERNATIONAL    MEASURES,  1887-'88.  177 

^?i'ZnT^  *"n"r  ^^t«^'"'"i^^'<>n  the  fnr  seals  Wliich  at  certain  seasons 
aie  tonnd  in  IJehring-  Sea,  1  am  reijuested  by  tlie  Maifiuisof  Salisbnrv  to 
Z,H"  -^I","  'i  ^'"'  p.'"^'^''"'  *"iil>iissatlor  in  Lo.idon  lias  been  eomn.uni- 
ea  eU  with  on  the  subjeet,  aiul  that  be  has  referred  to  his  Oovernn.e"  t 
toi  instrij(;tioi>^  But  in  making  this  eommunieation  to  you  1  am  iri- 
stnieted  to  state  that  this  action  on  the  part  of  Her  Majesty's  Govern- 
ment must  n<,t  be  taken  as  an  a<lmission  of  the  rights  of  jnridiSh, 
Behnns-  Sea  exer<-,sj.d  there  by  the  United  States  authorities  du    nil 

Avhieh  Her  Majesty's  Government  will  have  to  present  on  mcouot  of 

^.oedTn'fl  P  JnTa  T-  ''■•"^''  ^"^^  *^'^'*"  1^^^^^  «f  ^"tish  vessels  en- 
gagea  in  tlie  seal  hshmg  iiulustry. 

I  have,  etc., 

L.  S.  Sackville  West. 


Mr.  Bayard  to  Sir  L.  S.  Sackville  West. 

Department  op  State, 
Washington,  March  30, 1H88. 
mph!"-     ,r-  th^,'?'^J'«''  to  acknowledge  the  receipt  of  your  note  of  the 
Her  MMiel'lU'r'"'''"'^  .vou  inform  the  Hepartmel.t  that  the  a.-tl^n^- 
Her  Majesty  s  Government  m  respect  to  the  proposal  of  this  (Jovern- 

He  Hn""  Z^^^''^tT^  *?  V^*'*^*  "'^  ^'''  "^^''^l  ^''•'""  «xter,niimtion  in 
I  ehimg  Sea,  IS  not  to  be  taken  as  an  admission  of  the  jurisdiction  of 
the  United  States  over  Bering  Sea,  nor  as  affecting  the  claims  wli< 

ure  ot  ceitain  Jiritish  vessels  in  those  waters. 
I  have,  etc., 

T.  F.  Bayabd. 

Sir  L.  S.  Sackville  West  to  Mr.  Bayard. 

Washington,  April  o,  isss.    (Received  April  3.) 
Sib:  T  have  the  honor  to  inform  you  that  the  Marquis  of  Salisburv 
^Z  'nZ'"^}  »ntunat.on  from  the  Canadian  Government  to  the  eS 
that  orders  hpvc  been  issued  by  the  United  States  Government  for  the 
capture  ot  British  ships  fishing  in  Bebring  Sea,  and  tha   he  has  te  e 

bl£  He^Cp*K''l"'''"*  ^"T'^'y  *'•«  ^^*''«»"'  importance  of  ena- 
bJmg  Her  Majesty's  Government  to  contradict  this  rumor 
1  have,  etc., 

L.  S.  Sackville  West. 


Mr.  White  to  Mr.  Bayard. 

[Telegram.] 

Legation  of  the  United  States, 
.  London,  April  7,  1888.    (Received  April  7.) 

T     i*-^  ,'!**'  ^^^^^'^  t^'''<^  o"  tl"^  following  Thursday  he  was  to  meel 
Lord  Salisbury  and  M.  de  Staal  to  discuss  the  questfon  of  the  i^X* 


.178 


DIPLOMATIC    CORRESPONDENCE. 


li     !i 


i  I.     ' 


i 


!:!    !l 


I)       '■ 


lion  of  the  seals.  On  Vpril  7  he  had  hrtd  an  interview  on  the  suhjeot 
Avitb  M.  (le  Staal,  fioiu  wliom  hi»-  learned  that  the  Russian  Govermneiit 
wished  to  iiH^lude  in  the  proposed  arrangement  that  part  of  Beliring 
Sea  in  wliii'h  the  Commander  Islands  are  situated,  and  also  the  sea  of 
<  >khotsk.  Mr.  White  supposed  that  the  United  States  would  not  object 
to  this. 


3£r.  White  to  Mr.  Bayard. 


No.  720.] 


Legation  of  the  United  States, 
London,  April  7,  1888.    (Received  April  17.) 

Sir:  Referring  to  your  instructions  numbered  782 of  February  7  and 
810  of  March  2,  respecting  the  protection  of  seals  in  Behring  Sea,  I  have 
the  honor  to  acquaint  you  that  I  received  a  private  note  from  the  Mar- 
quis of  Salisbury  this  morning  stating  that  at  the  request  of  the  Kus- 
sian  embassador  he  had  appoint«'d  a  meeting  at  the  foreign  otii(;e  next 
Wednesday,  11th  instant,  "  to  discuss  the  (lucstion  of  a  close  time  for  the 
seal  fishery  in  Behring  Sea,"  and  exj)ressing  a  hope  that  1  w<mld  make 
it  convenient  to  be  present,  and  I  have  replied  that  I  shall  be  happy  to 
attend. 

Subsecpiently  I  saw  M.  de  Staal,  the  Russian  embassador,  at  his  re- 
quest. He  referred  to  the  interviews  which  Mr.  Phelps  had  had  with 
Lim,  of  which  1  was,  of  ctmrse,  cognizant,  and  stated  that  his  full  in- 
structions on  the  subject  woidd  not  reach  London  until  to-night  or  to- 
morrow, and  that  he  was  about  to  leave  town  until  next  Wednesday, 
but  meanwhile  he  could  say  that  his  Government  would  like  to  have  the 
regulations  which  might  be  agreed  upon  for  Behring  Sea  extended  to 
that  portion  of  the  latter  in  which  the  Comnmnder  Islands  are  situated, 
and  also  to  the  Sea  of  Okhotsk  (in  which  Kobben  Island  is  situated). 

As  both  these  places  are  <mtside  the  limit  laid  down  in  your  instruc- 
tion numbered  782  (170°  of  longitude  east  from  Greenwich),  I  have 
thought  it  best  to  send  you  the  telegram,  of  which  I  inclose  a  copy  here- 
with.i 

I  am  etc., 

Henby  White. 


Mr.  Bayard  to  Mr.  White. 

■■■•<•         I 

[Telegram.] 

Department  of  State, 

Washington,  April  !>,  1888. 
Mr.  Bayard  stated,  in  reply  to  Mr.  White's  telegrani  of  Ajuil  7,  that 
this  Government  did  not  objecrt  to  the  extension  of  the  arrangement  for 
the  i)rotection  of  the  fur-seal  fisheries  to  the  whole  of  Behring  Sea. 

'JTor  inploBur?  flee  auj^ra,  p.  177. 


1 


PROPOSED    INTERNATIONAL   MEASURES,  1887-'88.  l79 

Mr.  Bayard  to  Mr.  White. 

[Extract.] 

N"o.  849.]  DEPART>rENT  OF  State, 

Washington,  April  is,  hSSg. 

Sir:  I  have  to  acknowledfte  your  Xo.  720  of  the  7th  instant,  inclos- 
ing (;opy  of  your  telegram  of  the  same  date,  in  which  yon  informed  the 
Department  that  Lord  Salisbury,  the  Kussian  embassador,  an<l  your- 
self were  to  meet  on  Thursday,  the  12th  instant,  t^>  discuss  the  i>rotec- 
tion  of  seals,  and  that  the  Russian  Government  desired  to  includt^  in 
the  proposed  arrangement  that  portion  of  Behring  Sea  in  which  (.'om- 
mauder  Islands  are  situated,  and  also  the  Sea  of  Okhotsk. 

On  the  9th  instant  I  sent  you  a  telegram  stating  that  this  Govern- 
ment did  not  object  to  the  extension  of  the  arrangement  for  the  protec- 
tion of  the  tiir-seal  fisheries  to  the  whole  of  Behring  Sea. 

Owing  to  an  erroi  in  transmission  of  your  telegram,  Okhotsk  Sea  did 
not  appear  to  be  in;;luded  in  the  suggestioUj  but  there  is  no  objection 
to  such  inclusion. 
1  am,  etc., 

T.  F.  Bayard. 


r 


Mr.  White  to  Mr.  Bayard. 

No.  725.]  Legation  of  the  United  States, 

London,  April  i¥),]888.     (Keceived  Ai)ril  30.) 

Sir:  Referring  to  your  instructions  !Jfos.  685,  782,  and  810,  to  Mr. 
Phelps's  dispatches  Nos. 61 8  and  690,  and  to  subseijuent  corresi)on«hMic<', 
1  have  the  honor  to  acquaint  you  that  I  called  at  the  foreign  ottico  on 
the  16th  instant  for  the  purpose  of  discussing  with  the  ^Farquis  of 
Salisbury  and  M  de  Staal,  the  Russian  embassador,  the  details  of  the 
proposed  conventional  arrangement  for  the  protection  of  seals  in  Ber- 
ing Sea. 

M.  de  Staal  expressed  a  desire,  on  behalf  of  his  (iovernment,  to  in- 
clude in  the  area  to  be  protected  by  the  convention  the  Sea  of  Okhotsk, 
or  at  least  that  portion  of  it  in  which  Robben  Ishind  is  situated,  there 
being,  he  said,  in  that  region  large  numbers  of  seals,  whoso  destruction 
is  threatened  in  the  same  way  as  those  in  Behring  Sea. 

ile  also  urged  that  measures  be  taken  by  the  insertion  of  a  clanse  in 
the  ])roposed  convention  or  otherwise,  for  prohibiting  the  imi)ortntion, 
by  merchant  vessels,  into  the  8eal-prote(!te«l  area,  for  sale  therein,  of 
alcoholic  drinks,  firearms,  gunpowder,  and  dynamite. 

Lord  Salisbury  exi)ressed  no  opinion  with  regard  to  the  latter  ]»ropo- 
sat,  but,  with  a  view  to  meeting  the  llussian  Government's  wishes  re- 
spi^ctiDg  the  waters  surrounding  kobben  Island,  he  suggested  that,  be- 
si<les  the  whole  of  Behring  Sea,  those  ])ortions  of  the  Sea  of  Ok!'  sk 
and  of  the  Paciitic  Ocean  north  of  north  latitude  47°  should  be  in<duae<l 
in  the  proposed  arrangement. 

Uis  lordship  intimattnl  furthermore  that  the  period  proposed  by  the 
United  States  for  a  close  time,  April  15  to  November  1,  might  interlere 
with  the  trade  longer  than  absolutely  necessary  for  the  protcj-tion  of 
the  seals,  and  he  suggested  October  1,  instead  of  a  mouth  later,  as  the 
termination  of  the  period  of  seal  protection. 


,1 


180 


DIPLOMATIC    CORRESPONDKNCR, 


I  referred  to  the  eomiminications  already  made  by  Mr.  Plielpson  this 
subject  to  Lord  Salisbury,  and  said  that  I  should  beoblij;ed  to  refer  to 
you  the  proposals  which  had  just  been  made,  before  expressing  an  opin- 
ion with  regard  to  them. 

I  have  accordingly  the  honor  to  ask  for  instructions  in  reference  to 
the  same. 

Meanwhile  the  Marquis  of  Salisbury  promised  to  have  prepared  a 
draft  convention  for  submission  to  the  Kussian  embassjulor  and  to 
myself.    I  shall  lose  no  time  in  forwarding  to  you  a  copy  of  this  docu- 
ment when  received. 
1  am,  etc., 

Henry  White. 


m 


I 


I 


Mr.  Bayard  to  Mr.  White. 

No.  864.]  Depaktment. OF  State, 

Washington,  May  i,  lf^88. 

Sir:  Your  dispatch  No.  725  of  the  2()th  ultimo  stating  the  result  of 
your  interview  with  Lord  Salisbury  and  the  Kussian  embassador  lela- 
tive  to  the  luotectiou  of  seals,  in  IJehring-  Sea,  and  rciiuestiiig  further 
instructions  as  to  their  proposals,  has  been  received. 

As  you  have  already  been  instructed,  the  Department  <loes  not  object 
to  the  inclusion  of  the  sea  of  Okhotsk,  or  so  much  of  it  as  nuiy  be  neces- 
sary, in  the  ari-augement  for  the  protc(;tion  of  the  seals.  Nor  is  it 
thought  absolutely  necessary  to  insist  on  the  extension  of  the  close  sea- 
son till  the  1st  of  November. 

Only  such  a  period  isdesired  as  maybe  requisite  for  the  end  in  view. 
But  in  order  that  success  may  be  assured  in  the  ettbrts  of  the  various 
Governments  interested  in  the  protection  of  the  seals,  it  seems  advisa- 
ble to  take  the  15th  of  October  instead  of  the  Ist  as  the  date  of  the  close 
season,  although,  as  I  am  now  advised,  the  1st  of  November  would  be 
safer. 

The  suggestion  made  by  Lord  Salisbury  that  it  may  be  necessary  to 
bring  other  Governments  than  the  United  States,  Great  Britain,  and 
Kussia  into  the  arrangement  has  already  been  met  by  the  action  of  the 
De]>artment,  as  I  have  hei-etofore  informed  you.  At  the  same  time  the 
invitation  was  sent  to  the  British  Government  to  negotiate  a  convention 
for  seal  protection  in  Behring  Sea,  a  like  invitation  was  extended  to 
varicms  other  powers,  which  have  without  exception  returned  a  favor- 
able response. 

In  order,  therefore,  that  the  plan  may  be  carried  out,  the  convention 
proposed  between  the  United  States,  Great  Britain,  and  Kussia  should 
ccmtain  a  clause  providing  for  the  subseciuent  adhesion  of  other  i)«>wers. 

In  regard  to  the  suggestion  of  the  Kussian  ambassad<u'  that  the  con- 
vention be  made  to  cover  the  question  of  the  sale  of  firearms  and 
li<luor  to  the  natives  on  the  coast  in  question,  I  am  <!ont])elIe«l  to  think, 
while  in  favor  of  restricting  or  prohibiting  such  sale,  that  it  would  be 
advisable  to  regulate  the  subject  separately  from  the  protection  of  the 
seals.  It  is  possible  <:luit  some  Governments  might  readily  assent  to 
the  latter  object,  while  indisposed  to  acce«le  to  the  former,  and  in  that 
way  lead  to  the  defeat  of  the  end  first  proposed  by  this  Government. 


I  am,  etc., 


T.  F.  Bayard. 


PROPOSED    INTERNATIONAL    MEASURES,  1887-'88. 
Mr.  White  to  Mr,  Bayard. 


I8i 


No.  786.]  Lega'J'ion  of  the  United  States, 

LoiuloH,  June  30,  I8s,s.     (lit-ccivcd  June  30.) 

Sir:  I  liave  the  honor  to  inform  you  that  I  availed  inysellof  an  early 
opjwrtunity  to  aecjuaint  the  Marquis  of  Salisbury  and  the  llussian  ani- 
bassador  ot  the  receipt  of  your  instructions  niinibercd  .S<;4,  of  May  ;5, 
i>nd  shortly  afterwards  (May  1(J)  his  excellency  and  I  called  tojicther  at 
the  foreign  office  for  the  purpose  of  discussing  with  his  loidship  the  terms 
of  the  proposed  convention  for  the  iirotiction  of  seals  in  Jhhiing  Sea. 
Unfortunately  Lord  Salisbury  had  just  received  a  communication  from 
the  Canadian  (jovernment  stating-  that  a  nu'inorandum  on  the  subject 
wcmld  shortly  be  forwarded  to  London,  and  expressing- ••  hope  that  pend- 
ing the  arrival  of  that  document  no  further  stejis  woidd  be  taken  in  the 
matter  by  Her  Majesty's  (jovernment.  Under  these  cireumstaiues  Lord 
Salisbury  felt  bound  to  await  the  Canadian  memorandum  before  pro' 
ceeding  to  draft  the  convention. 

1  have  inquired  several  times  whether  this  comnninication  fi-om  Can- 
ada had  been  received,  but  it  has  not  yet  come  to  hand.  I  was  ii'formed 
to-day  by  Lord  Salisbury  that  an  urgent  teh'grani  had  been  sent  to 
Canada  a  week  ago  with  respect  to  the  delay  in  its  expedition,  and  that 
a  reply  had  been  received  by  the  secretary  of  state  for  the  colonies 
stating  that  the  matter  would  be  taken  u])  inuncdiately.  1  hope,  there 
fore,  that  shortly  after  Mr.  Phelps's  return  this  Government  will  be  in  a 
condition  to  agree  upon  the  terms  of  the  pioposed  convention. 

I  have  the  honor  to  inch»se  for  your  infonnation  the  <opy  of  a  (pu's- 
tion  asked  by  Mr.  Gourley  and  answen-d  by  Sir  James  Fergusson  in 
behalf  of  the  British  Government  with  respect  to  the  seal  iishing-  in 
Behring  Sea.  • 

1  have,  etc., 

Henry  White. 

(For  indosure  see  Senate  Ex.  Doc.  No.  lOG,  Fiftieth  Congress,  sec- 
ond session,  p.  103.) 


Mr.  Phelps  to  Mr.  Bayard. 

No.  825.]  Legation  of  the  United  States, 

London,  September  13,  ISS.'i.     (Received  September  22.) 

Sir:  Referring  to  the  subject  of  the  Alaskan  seal  fisheries,  and  to 
the  previous  corres])ondence  on  the  subject  between  the  Department 
and  this  legation,  I  have  now  the  honor  to  ac<pmint  you  with  the  pur- 
port of  a  conversation  which  1  held  with  Lord  Salisbury  in  regard  to  it 
on  the  13th  August. 

Hlness,  wliich  has  iucapaciated  me  from  business  (hiring  most  of  the 
interval,  has  prevented  my  laying  it  before  you  earlier. 

One  of  the  objects  of  the  interview  1  then  sought  with  his  lordship 
was  to  urge  the  completion  of  the  convention  between  the  rnifed  States, 
Great  Britain,  and  Russia,  which  under  your  instructions  had  ju'eviously 
been  the  subject  of  discussion  between  the  secretary  for  foreign  attairs, 
the  Russian  ambassador,  and  myself.  This  convention,  as  1  have  be- 
fore a<lvised  you,  had  been  virtually  agreed  on  verballv,  except  in  its 
details;  audtUe  Russian  as  well  as  the  United  States  Go verumeut  weie 


N  I 


182 


DIPLOMATIC    COKRKSI'ONDENCE. 


■   r 

'I 


,; 


\ 


desirous  to  Iiave  it  ('((iiiplt'trd.  Tin-  coiisidoration  of  it  liad  boeii  sus- 
pended lor  coniiiiuiiieation  by  the  British  (Jovermnent  with  the  Cana- 
dian (loverninent,  for  which  i»nriM)se  an  interval  of  several  !n<>nthsha<l 
been  allo"'Ml  to  elapse.  Durin/;  this  time  the  attention  of  Lord  Salis- 
bury had  1  en  rejieatedly  recalled  to  the  subject  by  this  legation,  and 
on  those  occasions  the  answer  received  from  him  was  that  no  reply 
from  the  Canadian  authorities  had  arrived. 

In  the  <")nversation  on  the  13th,  above  mentioned,  I  agsiin  pressed  for 
the  <'onii>letion  of  tlu'  convention,  as  the  exterminatiou  of  the  SQ^ls  by 
Canadian  vessels  was  understood  to  be  rapidly  proceeding.  His  lorci- 
ship  in  reply  did  not  question  the  propriety  or  tiie  importance  of  taking 
measures  to  prevent  the  wanton  ilestruction  of  so  valuable  an  industry, 
in  whi<*h,  as  he  remarked,  England  had  a  large  interest  of  its  own,  but 
said  that  the  Cana<lian  Government  objected  to  any  such  restrictions, 
and  that  until  its  consent  could  be  obtained,  Her  Majesty's  Government 
was  not  willing  to  enter  into  the  convention;  that  time  w<mld  be  re- 
quisite to  bring  this  about,  and  that  meanwhile  the  convention  must 
wait. 

It  is  very  apparent  to  me  that  the  British  Government  will  not  exe- 
cute the  desired  cimvention  without  the  t-oncurrence  of  Canada.  And 
it  is  e(|ually  apparent  that  the  concurrence  of  Canada  in  any  such  ar- 
rangement is  not  to  be  reasonably  exjjected.  Certain  Canadian  vessels 
are  making  a  protit  out  of  the  destruction  of  the  seal  in  the  breeding- 
season  in  the  waters  in  <iuestion,  iidiuman  and  wasteful  as  it  is.  That 
it  leads  to  the  .speedy  extermination  of  the  animal  is  no  loss  to  Canada, 
because  no  part  of  these  seal  fisheries  belong  to  that  country;  and  the 
only  profit  open  to  it  in  connection  with  them  is  by  destroying  the  seal 
in  the  open  sea  during  the  breeding  time,  although  many  of  the  animals 
killed  in  that  way  are  lost,  and  those  saved  are  worth  much  less  than 
when  killed  at  the  proper  time. 

Under  these  circumstances,  the  Government  of  the  United  States 
nuxst,  in  my  oiiinion,  either  submit  to  have  these  valuable  fisheries  de- 
stroyed or  must  take  measures  to  prevent  their  destruction  by  captur- 
ing the  vessels  employed  in  it.  J>etween  these  alternatives  it  does  not 
appear  to  mo  there  shoidd  be  the  slightest  hesitation. 

Much  learning  has  been  exjiended  upon  the  discussion  of  the  abstract 
iiuestion  of  the  right  of  ware  chiusum.  I  do  not  conceive  it  to  be  ap- 
plicable to  the  present  case. 

Here  is  a  valuable  fishery,  and  a  large  and,  if  properly  managed,  per- 
manent industry,  the  property  of  the  nations  on  whose  shores  it  is  car- 
ried on.  It  is  ]>roposed  by  the  colony  of  a  foreign  nation,  in  defiance  of 
the  joint  remonstrance  of  all  the  countries  interested,  to  destroy  this 
business  by  the  indiscriminate  slaughter  ami  extermination  of  the  ani- 
mals in  (piestion,  in  the  open  neigliboriiig  sea,  during  the  period  of 
gestation,  when  the  common  dictates  of  humanity  ought  to  protect 
them,  were  there  no  interest  at  all  involved.  And  it  is  suggested  that 
we  are  i>revented  fiom  defending  ourselves  against  such  depiedations 
because  the  sea  at  a  ceitain  distance  from  the  coast  is  free. 

The  same  line  of  argument  would  take  under  its  protection  piracy 
and  the  slave  trade,  when  prosecuted  in  the  open  sea,  or  would  justify 
one  nation  in  d<'stroying  the  commerce  of  another  by  placing  danger- 
ous obstructions  and  derelicts  in  tlie  open  sea  near  its  coasts.  There 
are  many  things  tliat  can  not  be  allowed  to  be  done  on  the  open  sea  with 
impunity,  and  against  which  every  sea  is  mare  vUnisum.  And  the  right 
of  self  defense  as  to  i>erson  and  i)ro])erty  prevails  there  us  fully  as  else- 
where.   If  the  fish  upon  the  Canadiau  coasts  could  be  destroyed  by 


*  \ 


■l 


PROPOSKD    INTERNATIONAL    MKASUKKS,   18H7- 8H. 


1^3 


st'iitteriiij;  poison  in  tlu'  open  soa  adjacent,  with  si»nn'  sniiill  pioUt  to 
tlioso  ('n;<;a^*Ml  in  it,  would  Oaniida,  npitn  tliojnst  piincipkis  of  interna 
tional  law,  ln'  ludd  delensclcss  in  sucji  a  case?     Y«'t  that  prot-ess  wouhl 
lu>  no  more  drstrurtivc,  inlnnnan,  and  wanton  tliiin  this. 

If  p:«'('('(h'nts  are  wantinj;'  for  a^  defense  so  nei-essary  and  so  proper 
it  is  because  precedents  for  such  a  course  (»f  eondiu**^    ne  likewise  iin 
known.    The  best  international  law  has  aris«'n  from  pn'cedents  that 
have  i»een  established  when  the  Just  occiision  for  them  arose,  undeterred 
by  the  discussion  of  abstract  and  inade(|uate  rules. 

Kspecially  should  there  be  no  hesitation  in  takinj;'  this  course-  with 
the  vessels  of  a  colony  which  has  for  three  years  harassed  the  tisheries 
of  fair  country  with  constant  captures  of  vessels  en;^aj>'ed  in  lu)  viola- 
tion of  treaty  or  lejual  ri};Uts,  The  comity  of  nati^ms  has  not  deteri-ed 
Canada  from  the  persistent  obstruction  of  Justiliable  and  lejiitimate 
tishiufi'  by  Anu'rican  vessels  near  its  (;oasts.  What  princijde  of  reci- 
I)rocity  precludes  us  from  puttiujj'  an  i'ud  to  a  ])ursuit  of  the  seal  by 
Canadian  ships  which  is  unjjjstitiable  and  illefi'itimate? 

I  eainestly  re(!ommend,  therefore,  that  the  v«'ssels  that  have  been 
already  .seized  while  enftafi'ed  in  this  business  be  lirmly  held,  and  that 
measures  be  taken  to  capture  and  hold  every  oiU3  hereafter  found  <'(m- 
cerned  in  it.  If  further  le<>islation  is  necessary,  it  can  doubtless  be 
readily  obtained. 

There  n«'ed  be  no  fear  but  that  a  resolute  stand  (m  this  subject  will 
at  once  put  an  end  to  the  mischief  complained  of.  It  is  not  to  be  rea- 
sonably e.\pe(!ted  that  Great  Britain  wiIleither«>nconraf>;e  or  sustain  her 
colonies  in  conduct  which  she  herself  concedes  to  be  wroufj;  and  which 
is  detrimental  to  her  own  interests  as  well  as  to  ours.  More  than  10,000 
l)eople  are  enj^aged  in  London  ahme  in  the  prei)aration  of  seal  skins. 
And  it  is  understood  that  the  British  Government  has  requested  that 
clearances  should  not  be  issued  in  Canada  for  vessels  em^doyed  in  this 
business;  but  the  request  has  been  disregarded.' 
1  have,  etc., 

E.  J.  Phelps. 


JAPAN. 

Mr.  Hubbard  to  Mr.  Bayard. 

No.  387.]  United  Statks  Legation, 

Tolio,  Japan  J  September  3S,  18S7'.    (H<'ceived  October  24.) 

Siu :  [  have  the  honor  to  inform  the  Department  of  State  that  I  have 
submitted  to  the  Japanese  nunister  for  foreign  affairs  the  substance  of 
jour  instruction  No.  15.'?,  in  relation  to  taking  stei)s  for  the  better  pro- 
te<'tion  of  the  fur-seal  fisheries  in  llehring  Sea  by  international  cooper- 
aticm,  waiving  all  exceptional  measures  and  exceptional  marine  juris- 
diction that  might  be  properly  claimed  for  that  end  by  the  United 
States.  In  invoking  the  early  and  earnest  consideration  of  the  propo- 
siti<ms  of  your  instructions  for  the  reasons  given,  and  which  are  alike 
of  i)ractical  commercial  interest  to  Japan  as  well  as  to  the  other  friendly 
powers  designated  as  having  been  invited  to  enter  into  a  similar  ar- 
rangenuMit  with  our  Government,  I  have  requt'sted  Count  Ito  to  name 
at  his  ])h'asure  some  tinu^  in  the  future  wIumi  we  may  discuss  infor- 
mally the  reas(Mis  tor  and  the  terms  an<l  conditions  of  such  arrange- 

'  For  further  t'onespondeiice  roliitin};  to  (Jnat  IJritain's  wilHugucsM  to  agree  to  pro- 
tect seal-life,  see  iii/ra,  pp.  212-217',  and  2:!t>-212. 


1H4 


DIPLOMATIC    COKKESPONDENCE. 


H  ' 


!     I 


'li:   i 


inont  for  tlie  prott'i'tioirof  tlu'  sral  fur  liHlieiii^s  in  Bt'brinj;  Sea  as  will 
sali'ly  ^nard  that  lar^c  in  ii'iiuMiitrn'st  a^jaitist  the  lawh'ss  and  iudis- 
criniiinitc  shin;;'lit*'i'  nrtliis  animal,  cinitrihiitini;  so  much  to  the  weiilth 
and  j;«'neral  welfare  of  mankind.  Due  report  >vill  he  nnide  to  the  l)e- 
paitinentof  State  as  the  negotiations  progress,  which  1  hope  and  expect 
will  be  concluded  favorably  to  all  couccrned. 
1  Lave,  etc., 

Richard  B.  Hubbard. 


Mr.  Hubbard  to  Mr.  Bayard, 

[Tclugram.] 

Legation  of  the  United  States, 
Tol'h,  Svpf ember  3!),  1887.  (Received  September  29.) 
Mr.  TTnl)bard  acknowledges  the  receipt  of  Mr.  Bayard's  instnn^tion 
No.  l.^.'i,  of  August  1!),  1S87,  and  requests,  at  the  instance  of  the  Japan- 
ese Government,  copies  of  the  Ti-easiiry  regulations  and  contracts  con- 
cerning the  seal  fisheries,  and  also  a  nu>re  definite  statenu'ut  as  to  the 
nature  of  the  protection  which  it  is  desired  to  extend  to  those  fisheries 


I 

!       i 


Jlfr.  Hubbard  to  Mr.  Bayard. 

[Extract.] 

No.  388.]  United  States  Legation, 

Tolio,  Japan,  September  2!>,  1887.     (Received  October  24.) 

Sir:  Referring  to  your  instrnction  No.  1.53  I  have  already  had  the 
hoiHU*  to  inform  the  l)ei)artnu'nt  of  State  that  I  W(uild  seek  a  lu'rscnial 
official  confereiu-e  with  the  nnnister  for  foreign  affairs  on  the  subject  of 
the  int«'rnatiomd  protection  of  the  fur-seal  fisheries  in  Behring  Sea. 

The  Japanese  Government  is  anxious  to  enter  into  an  arrangement 
or  ('(Uivention  with  the  United  States  Government,  invoking  similar 
arrangement  ov  convention  with  our  Government  for  the  protection  of 
the  fur-seal  fisheries  in  the  waters  of  their  ncuthern  islands. 

I  (^xi»ressly  called  attention  to  the  waiver  for  this  purpose,  as  ex- 
pressed in  ycmr  instruction  No.  loo,  and  in  my  disjjatch  No.  387,  of  any 
legal  rights  under  fornu'r  conventions,  that  my  Government  now  de- 
sired to  invite  this  cooperative  ]»rotecti(m  of  friendly  powers  of  their 
fur-seal  fisheries  from  wanton  destruction  without  reference  to  said 
Ibrnier  conventions.  Nevertheless,  the  .Tapanese  Government  requested 
as  an  especial  favor  that  I  w<nild  cable  the  Department  of  State,  in 
order  U>  save  tinu',  for  certain  documents  mentioned  in  the  subjoined 
cabh'gi-am,  and  for  such  s]K'cificati<nis  of  said  desired  arrangement  or 
convention  as  will  be  satisfactory  and  meet  the  wishes  of  my  Govern- 
ment in  that  regard,  and  which  might  be  reciprocally  invoked  for  the 
j)rotection  of  their  own  fur-seal  fisheries. 

I  have,  etc., 
..      ,     .  Richard  B.  Hubbard, 


v- 


rUOroHi:!)    INTKUNATIONAL    MKASUKES,   18«7-'«8. 
Mr.  Iloyard  to  Mr.  Hubbard. 


185 


No.  150.]  Departmknt  of  State, 

M'dshiniiton,  September  HO,  1SS7. 
8iR:  TIh'  Departincnt  is  jjliul  to  infer  from  your  telcgrani  of  tlif  LMUii 
iiistjint  that  the  (loveniiueiit  of  Japan  Iia8  favorably  n-ceived  tlic  piop- 
ositioii  of  tlie  United  States  to  negotiate  for  the  protection  of  the  seal 
tisherii's  in  Behriny;  Sea. 

A  nuMnoirandnni  on  tlie  subject  is  now  beinjf  prepared  in  referem-e  to 
my  suj;jt'estions  and  will  be  transmitted  as  soon  as  it  is  completc<l. 
1  am,  etc., 

T.  F.  r.AYAHD. 


Mr.  Hubbard  to  Mr.  Bayard. 

Xo.  393.]  Unitki)  States  LEaATioN, 

ToMo,  Japan,  October  10,  1887.     (He(!eived  November  2.) 

Sir:  1  have  the  honor  herewith  to  inclose  for  the  iidbrnnition  of  the 
l)ei>artment  of  State,  coi)ies,  respectively,  of  my  note  to  Count  Ito,  and 
his  rejdy  tliereto,  relatinif  to  the  fur-seal  fisheries  in  Behiinji'  Sea. 

I  am  re<|uested  to  call  the  attentiini  of  my  Government  lespectfnlly 
and  es|)ecially  to  the  proposed  recii)rocal  jn'otection  of  tlu^  sea  otter, 
and  to  enlarge  the  protected  zone  so  as  to  embrace  the  linown  habitat 
of  that  animal. 

1  took  occasion  to  say  unofficially  to  Count  Ito  that  1  had  no  hesita- 
tion in  givinjj  him  the  liop'.>ful  assurance  that  my  Government  would 
co(»perate  with  his  excellency's  Government  in  the  projiosal  to  incbule 
sea  otter  aswell  as  fur  seal  in  any  reasonable  arrangement  whit'h  would 
prevent  unregulated  and  indiscriminate  slaughter  of  tliis  valuable  ani- 
nuil  in  the  waters  of  Behring  Sea  as  well  as  on  the  coast  of  Japan  and 
in  their  conterminous  waters.  1  shall  have  the  honor  to  await,  in  def- 
erence to  Count  Ito's  expressed  request,  your  instnictions  in  response 
to  the  respectful  jiroposition  of  the  Jai)anese  Government  before  enter- 
ing upon  any  formal  negotiations  on  this  subject.  On  receipt  of  this 
•lispatch  by  the  Department  of  State,  I  have  the  honor  to  suggest  that 
if  the  reidy  to  my  <'ablegram  of  the  2Uth  ultimo  has  been  nniiled  to  this 
legation  by  the  Department,  that  in  that  end  a  brief  telegram  signify- 
ing your  willingness  to  include  the  sea  otter  in  the  said  negotiations 
would  advance  the  negotiations  and  gratify  this  Government  as  well, 
who  manifests  a  deep  interest  in  securing  an  early  arrangement  by  our 
respective  governments  for  the  better  protection  of  the  fur-seul  and  sea- 
otter  fisheries  of  American  and  Japanese  waters. 
1  have,  etc., 

Richard  B.  Hubbard. 


[Tnclosure  1  in  No.  393.] 

Mr.  Hiibhard  to  Count  Ito  Hbobumi, 

United  Statks  Lkoation, 

Tokio,  October  6,  1SS7. 

Sir:  I  liavo  tho  honor  horewitb  to  forward  to  your  excellency,  and  to  l)eg  your 
early  and  favoralilo  considoration  of,  a  copy  of  an  instruction  which  I  have  had  the 
honor  to  receive  from  the  Department  of  State  of  my  Government. 

•        24 


l.S(5 


lHIM.OMATrC    ('0UKKSI'()N1)KN('F. 


If 


i      n 


tt    I 


in 


'I'lic  ;;*M)('nil  proptiHitioii  rt'spcrMully  Hiihinlttfil  in  MiIh  iiiMtnict ion 
iiii'iit,  IIS  wfll  tiM  till-  dIivIoiim  anil  i-iinvin(Mn<r  I'l-asoiiM  tliiTi*  s*;t    tori  It 
iiiloptioii  liy  llio  tViniiUy  powiM'N  naniril  tiiiTi-in,  will,  I  uni  Miii't*,  n'\ 
«<xci'llon(;y'H  (ioMMninont  tlie  hiiiiio  oariii^Ht  i-onsiili'iutioii  iih  tlioy  hu\ 
tlii^  rniti'il  Stall's 


by  niv  (Jovurn- 

ill   favor  ol'  its 

•e\\i'  tVoiii  your 

n  ri'i'i'ivt'il  from 


As  ali'i-aily  iniliratril  iiiionii'iully  to  thi>  foreign  otlli-o,  I  Hliail,  in  t'li 
'wislii'sanii  iiistnirtiousot'  my  (iiivi^rniiKMit,  lii>  ^nitiliiMl  anil  obliK<'il  it' 
will  I'oi'iiially  a|i]ioint  any  t'litiiri'  tiini!  and  |)liiio  whi'ii  ttnil  wlino 
lionor  to  font'iT  anil  iliKi'iiss  witli  your  rxcrllein'y,  or  any  othiT  n-prr 
Iiii]ir!'ial  Maji'sty's  (ioviirmiii'iit,  tlw  snliji'rt  of  an  a^rriMui-nt  or  spi- 
liittwi-iMi  tlio  I'niti-il  Stati's  of  Ami'ilra  iiiul  \\w  Kiniiiro  of  Japan  liav 
the  lii-ttiT  protKctiuii  uf  tliu  fiii'-seul  tiHlieriuH  in  Douriiig  Sua. 
I  avuil,  etc., 

RiCIIAKU    H.    HUBIIAKb. 


I'tlioriinci-  of  tho 
yonri'xciOli'iiry 
i  may  liuvr  tlir 
si-ntativi)  of  His 
rial  iHinvi'iition 
iiif?  riifiTonco  to 


[Inclomirp  2  in  No.  393.— TranMnllon] 
Count  I  to  Hirobuml  to  Mr.  Hubbard. 


No.  8.->84.] 


Dki'ahtmknt  of  Forkion  Akfmrs, 

Tokio,  nrtobrr  S,  1SS7. 

.Sik:  I  Inivo  tho  honorto  acknowlc(l>;»'  tlio  ri'reipt  of  your  oxcolli-ncy's  m;  •'  of  tlio 
fitl)  iimtant,  in  wliirli  yon  aro  ]>lt>a8i'il  to  inclosf  tlio  i-o)iy  of  a  coinniniiiratioii  from 
till'  lionoralili-  tlm  Sftri'tary  of  Stati-  iu  ii'leii-uce  to  tliosral  Hsherinsiii  Heliriiifj.Si-a, 
anil,  ill  pnrsnanrr  of  inotrnctionH  contained  in  that  diHpatrb,  invito  llis  Ini|>erinl 
Maji'sty'a  (iovoninu'ut  to  ontcr  into  an  arranft»'nii'nt  with  thi'  (ioviTiiimnt  of  thu 
Uniti'd' States  haviiif;  for  its  ohji'i-t  thi' proti-ction  of  fin-seals  in  Hehiing  8ea  from 
iiidiscriininate  destrni-tion  and  eonsi'iiiient  extorinination. 

The  iinre;;iilated  and  iudiseriminate  shmghter  of  tho  sea-otter  as  well  as  the  fur- 
neal  on  the  coasts  of  .Japan  and  in  their  eoiili  rminona  watiTs  is  a  snh.ieet  which  has 
for  many  years  eiifjaj'ed  the  seriinis  att'.-ntion  of  the  Imperial  (ioveriiment. 

The  experience  of  His  Imperial  Mnji'sty's  (Jovernment  Jnstitios  the  belief  that  tho 
«>nd  sonjtlit  to  be  obtained  can  be  byst  secured  by  means  of  a  coiiporative  interna- 
tional action,  and  they  therefore  cordially  apjirove  of  fhe  snggcstioii  of  tho  honorable 
the  Secretary  of  State. 

llis  Ini]iorial  Majesty's  Government  would  be  willinj;  to  enter  into  an  arranfjenient 
for  the  piirjioso  indicated,  but  they  would  wish,  for  the  reasons  assifjned  by  Mr. 
Jbiyard  in  favor  of  the  protection  of  the  fnr-seal  in  Ibiiring  Sea,  to  extend  the  principle 
of  protection  to  the  sea-ottor  as  well  as  the  fiir-.seal,  and  to  enlarge  the  protected 
/one  so  as  to  embrace  the  known  habitat  of  that  animal. 

I  beg  that  you  will  bring  this  projMisal  to  the  attention  of  the  (Jovernmont  of  the 
1  ■niteil  States,  and  1  would  sujtgest  that  this  be  done  iu  advance  of  any  uegotiatious 
ou  the  snliject. 

I  avail  myself,  etc., 

Count  Ito  Hirobumi. 


Jlfr.  Bayard  to  Mr.  Hubhard. 

No.  171.]  Department  of  State, 

^yaHhin(|ton,  November  21^1887. 

Sir:  I  liave  to  acknowledge  the  receipt  of  yonr  (Jispatclies  Nos.  .588 
and  30.3,  dated,  respectively,  September  29  and  October  10,  and  in 
rejjly  to  express  tlie  satisfaction  of  this  Department  at  the  favorable 
response  of  the  Japanese  Government  to  negotiate  for  the  protection  of 
the  seal  fisheries  in  IJehring  Sea. 

The  Department  hopes  to  be  able,  at  an  early  day,  to  instrtict  you 
lintiicr  on  the  subject.  At  present,  owing  doubtless  to  the  shortness 
of  the  time,  few  replies  have  been  receive«l  from  foirign  Governments 
to  the  circular  invitaticm  of  the  lTnite<l  States  in  this  regard.  And  it 
is  tliouglit  desirable  to  await  for  a  time  further  responses,  which  might 
utl'ect  the  course  of  the  negotiati<ms, 
J  am,  etc.. 

T.  F.  Bayard. 


' 


fROI'OSEI)    tNTKWNATIONAL   MKASITUKS,   lS87-*88. 
Mr.  llubbttril  to  Mr.  Jitiifurd. 


187 


No.  4.S.'{.]  UnITKI)   StATKS    LK(!ATI0X, 

Tokio,  Japan,  June  ^'.7,  fs.s'.s.    (H<'«'('iv«Ml  .Inly  10. 

Hiu:  Ut'spootfully  I'l'lVrriiiH;  to  thii  r«»rres|M»iHl(3iu'.o  lK'r\v<i«'ii  tlin  l)«^ 
]>iirtiii(Mit  of  State  iiiHl  tliis  Ic.^iition,  lookiii;;'  t<»  tlie  (ioiiclusion  ot'u  coii- 
vt'iitioii  between  Japiiii  and  the  United  Stutes  and  sonn*  otlioi-  powers 
lor  the  pi'oteetion  of  the  fur-seal  Hsheries  in  liehriuy  Sea,  and  the  pi-o- 
teetion  of  the  sea  otter,  as  siil»se(|iientiy  snyfft'sted  by  .liipan,  I  have 
the  honor  to  inform  the  I)epartment  that  instruction  No.  171,  <d'  Novem- 
ber Ul,  1887,  whieli  has  heretofore  been  a(!knowledf;ed,  is  tlie  hist  that 
lias  been  re<'eive<l  by  nie  from  the  Department  on  this  subje(!t. 

1  desire  to  inform  the  Department  that  the  Japanese  foreign  otlit'e  has, 
in  a  frien<l]y  spirit  of  inipnry,  asked  if  I  could  furnish  information  as  to 
when  my  (lovernraent  would  be  ready  (as  Japan  had  been  ready  for 
sometime  past)  to  resume  the  consideration  of  the  proposed  convention. 

I  have,  in  response  to  this  in<|Uiry,  forwarded  to  the  foreifjn  ollice  a 
copy  of  your  said  instru<'ti(m  No.  171,  dated  November  21, 1887,  with  the 
a<-com])anying  note,  dated  June  2(1,  transmitting'  the  same.  Tln^  Japan- 
ese nunister  for  foreign  a  Hairs  has  been  recently  advised  by  the  Russian 
nnnister  to  Japan  that  the  lJnit^^l  States  (lovernnient  and  those  of 
Hussia  and  (rreat  Britain  had  discussed,  at  London,  the  matter  of  a 
sinnlar  convention  for  the  lU'oteciion  of  the  fur-seal  tisheries  and  sea 
otter  in  liehring  Sea.  He  als<i  DmniiMucated  the  fact  that  the  (lovern- 
ment  at  St.  Petersburg  desi.  jd  to  conclude  with  Ja]>an  a  convention 
f«M'  the  nuitual  protection  of  the  seal  and  otter  within  their  own  seas 
and  <'ontiguous  waters. 

This  fact  has  been  the  immediate  cause  of  the  inquiry  submitted  to 
me,  to  which  the  inclosure  herewith  is  in  response. 


1  have,  etc. 


KiciiAun  B.  Hubbard. 


[Iiulu8iuv  ill  No. 483.] 

Mr.  Hubbard  to  Count  Okinna. 

No.  284.]  llNriEn  Siatk.s  Lkcatiox, 

Tokio,  ,/iuir  .'o,  IflSS. 

Siu:  Heforring  to  my  note  to  bis  excelloiicy  Count  Ito,  (liite<l  October  (i,  1SS7,  iiiid 
his  r<')>ly  thensto  dated  November  8, 1887,  eonceriiinff  n  projiosed  iirriingeinent  wliii'li 
tlie  I'liited  States  invited  Japan  to  enter  into  with  the  United  States  and  certain 
other  jjowers,  for  tlie  protection  of  tlie  fur-seals  in  Behriiijf  Sea  from  iudiscriniiiiate 
destriietioii  aiidconse(|uentHxterniination,  I  have  now  the  honor  to  inelosean  instruc- 
tion' from  my  (ioveiiimeiit  in  resjujiise  to  my  disjiatcli  to  the  honorahte  tlie  Secretary 
of  State,  iiiforinin<;  himof  Ju]ian'H  willingness  to  enter  such  an  airanjiement. 

It  will  he  idiserved  by  your  excellency  that  my  (ioveriinient  is  awaiting  the  replies 
of  some  other  for»'igii  Governments  to  t)ie  invitation  of  the  United  States  to  enter 
into'  such  a  convention. 

I  have  not  coiiinuinivated  with  your  excellency's  de]>artiiient  since  my  note  of  the 
(itli  of  October,  on  account  of  awaiting  further  instructions  from  my  (iovernincnt  in 
thi^^iremises,  to  which  the  instruction  herewith  inclosed  especially  refers.  Thesnb- 
Btatttre  of  the  iu<'losed  instruction  has  not  been  heretofore  conimiinicated  to  your  ex- 
cdfency's  Government,  hoping  that  I  might,  as  indicated,  erenow  have  been  furnished 
witli  Hiial  instructions  to  conclude  a <'Oiivention  between  our  lesjtective  Oovernnients, 
emliracing  all  the  iioints  >f  discussion  on  which  a  common  and  friendly  concurrence 
and  understanding  had  bt,,-:).  reached,  and  of  which  my  CJoverninent  was  advised  in 
my  dispatches  to  which  the  inclosed  ii'structiou  is  iu  response. 
1  avail  myself,  etc., 

RiCHAKD   B.    lIlllHAKI). 


>  See  supra,  Mr.  Bayard  to  Mr.  Hubbard,  November  21,  1887. 


'I 


n 


iiii' 


188 


I  I     III 


I'   !       •'' 


ii»   iii 


1      lil 


1 


U    ii 


DIPLOMATIC    COUKESrONDENCE. 
Mr.  Hubbard  to  Mr.  liayard. 


United  States  Leoation, 
Tolio,  Japan,  July  13,  liSSS.    (Keceived  Auj^ust  8.) 

SiK :  I  have  the  honor  to  inclo.se  herewith  a  copy  of  a  note  from  tlie 
,I'«l»anese  minister  "or  foreign  affairs  dated  July  7,  in  wbit-h  I  ,ani  re- 
(|nested  to  instruet  tne  United  States  consuls  in  .Japan  not  to  ship  Jiipan- 
ese  subje(!ts  on  board  American  vessels  engaged  or  about  to  engage  in 
otter  or  seal  hunting. 

The  reasons  for  such  a  request  are  set  forth  in  the  minister's  note. 

In  comi>liance  with  Count  Okuma's  request,  I  have  instructed  the 
United  States  ccmsul-general  at  Kanagawa,  an(l  through  him  the  otiier 
<'onsular  representatives  <>f  the  United  States  in  .lapan,  to  refrain  from 
shipping  any  Japanese  subjects  on  any  American  otter  or  seal  hunting 
vessels. 

1  have  the  honor  to  inclose  a  copy  of  my  communiitation  to  tlie  United 
States  consul-general  on  the  subje(!t,  and  hope  that  my  action  in  the 
])remises  will  meet  the  approval  of  the  Deiiartment  of  State. 

In  or<ler  that  the  Department  may  more  fully  understand  the  imme- 
diate causes  which  have  led  the  Japanese  (Jovernmcnt  to  take  the 
course  in«licated  in  regard  to  the  shipment  of  Japanese  subjects  on  otter 
and  seal  hunting  vessels,  I  beg  t<»  submit  a  brief  account  of  the  attack 
on  the  liritisii  schooner  Nemo,  to  which  C(aint  Okuma  refers: 

The  Nemo  is  a  schooner  of  A^A)  tons,  owned  and  commanded  by  one 
Snow,  a  British  resident  of  Yokohama,  and  was  manned  by  Japanese 
sailors.    The  schooner  is  what  is  known  as  an  ''otter  and  seal  hunter." 

On  the  27th  of  May  last,  while  the  schooner  was  en  route  to  the 
hunting  grounds,  it  was,  according  to  the  commander's  statement,  be- 
calmed oft"  ('opi)er  Ishind  (Uussian  territory).  Karly  on  the  morning 
of  May  27,  while  the  schooner  was  still  becialmed,  the  commander  put  off 
in  a  i>oat  with  a  crew  of  (J  Japanese  sailors,  accompanied  or  iollowed 
by  two  other  boats  of  Japanese  saih)rs.  The  connuan<ler  of  tiie  Nvmo 
was  the  only  foreigner  in  the  boats.  When  about  2(M>  yards  from  snore, 
and  after  the  commander  of  the  Nemo  had  discharged  his  rifle  at  one 
or  more  otters,  his  boat  was  Hre<l  upon  by  an  unknown  number  of  men 
concealed  behind  the  ro<!ks  m' a  bluff  of  the  shore,  and  using,  as  the 
coujmander  of  the  Nemo  supposes,  Win<'hester  rifles. 

The  tiring  was  kept  up  with  great  rapidity,  an<l  all  of  the  men  in  the 
boat,  including  the  connnander,  being  wounded,  it  was  with  great  diffi- 
culty that  the  boat  was  gotten  out  of  reach  of  the  firing,  the  (uanmander 
and  one  saihn-  being  the  only  occupants  of  the  boat  who  were  able  to 
l>roi)el  it,  and  being  both  wounded,  the  craft  moved  very  slowly. 

When  the  commander's  boat  gotoutof  rang«'of  the  firing  (the  second 
b(Kit  had  one  man  wcainded,  but  the  third  had  not  approache*!  within 
range  of  the  firing),  it  was  ascertained  that  one  of  the  Japanese  iiad 
been  killed  outright,  and  twt»  others  afterwards  died  on  the  Nemo  from 
the  wounds  then  re«!eived. 

The  commander  was  wounded  in  the  hand  and  in  the  thigh,  but  he 
and  the  other  Japanese  who  were  wounded  have,  I  understand,  about 
recovered. 

The  schooner  was  Immght  to  Yokohama,  where  an  inquiry  into  the 
affair  was  held  by  the  British  consul,  who  found  that  the  attack  was 
unprovoked. 

I  have,  etc., 

Richard  B.  Hitbbaed. 


PROPOSED    INTERNATIONAL    MEASURES,  1887-'88.  180 

[IncloHiire  1  iii  No.  491— Transliition.] 
Count  Okitma  to  Mr.  Hubbard. 

DlCPARTMKNT   OK    FoKKIGN   AFFAIHA, 

Tohjn,  the  9lli  day,  the  7th  month,  the  Hut  year  of  Meiji. 

Sin:  Tlio  recent  attiick  at  Copper  lislaud  iiiton  tlio  British  siliooncr  AVmo  (with  the 
tirciiiii.stuiicc.s  anil  rt'siiltH  of  \vhi<!h  you  are  doiilith-ss  liiniiliar),  coiipliMl  with  the 
fact  tiiat  the  iinlieei>se.(l  takinj;'  of  otter  an<l  neal  witliiii  the  Jurisdiction  of  llis  Ini- 
])erial  Majesty  i.s  jirohibited  by  law,  ha.s  iMi]ire!j8C(l  upon  the  Imperial  (joveruuieiit 
the  necessity  of  adopting  more  ett'ectual  measures  on  tlie  oui;  i:and  to  protect  llis 
IniiiiU'ial  Japanese  Nlajttsty's  subjects  from  tliu  cousei|ueiu;eH  of  a(;ts  for  wiiich  as 
veamen  they  couhl  liardly  be  hebl  responsible,  and  on  the  other  to  put  a  stop  to  au 
nnlawfnl  occupation. 

Willi  these  objects  in  view  I  have  the  honor  t(»  re(|uest  that  you  will  instruct  the 
consuls  of  your  <!ountry  in  Japan  to  refrain,  until  otheiwise  acls  ised,  from  shippiu<; 
Japanese  subjects  on  board  any  American  vessels  engaged  or  about  tu  engage  in  otter 
or  seal  hunting. 

I  avail,  etc., 

ruiNT  SiiuiKNonr  Okuma. 

(For  inclosure  Xo.  2,  see  Senate  Ex.  Doc.  No.  lUO,  Fiftieth  Cougress, 
second  session,  p.  111.) 


Mr.  Hubbard  to  Mr.  Bai/ard. 

No.  492.]  United  States  Legation, 

Tolyo,  Japan,  July  13,  tSss.     (R«'<eive(l  Aiiynst  8.) 

Sir:  Referrin}?  to  thecorrespoiuleiicewliicli  has  taken  place  Ix'tween 
the  Department  of  Stat<^  and  this  ie};ation  concerning  a  proposed  con- 
vention between  the  United  States  and  Japan  and  some  other  powers, 
looking  to  the  i)rotection  of  the  fnr-seal  lisheries  in  IJehring  Sea,  I  have 
the  honor  to  inclose  a  copy  of  a  note,  dated  .Inly  0,  from  the  Japanese, 
minister  of  foreign  affairs,  inipiiring  as  to  the  nature  of  the  consnlta- 
ti(m  now  being  conducted  at  London  on  this  subject,  with  a  view  of  in- 
structing the  Japanese  Minister  at  London  to  take  part  in  said  consul- 
tation, in-ovided  it  has  assumed  the  nature  of  an  international  conference 
in  which  the  views  of  the  several  powers  interested  may  l>e  interchanged. 

The  note  from  C<mnt  Okiima  and  my  reply  to  the  same,  also  herewith 
inch)sed,  fully  explain  themselves,  and  are  forwarded  to  the  l)<'part- 
ment  with  the  view  of  eliciting  such  reply  as  may  be  deemed  advisable 
in  the  premises. 

There  is  no  doubt  that  the  Nemo  affair,  to  which  I  had  the  honor  to 
refer  in  my  dispatch  No.  4J>lof  tins  date,  has  had  the  effect  (jf  increas- 
ing Japan's  interest  in  the  proposed  «'onvenfioii  and  her  desire  to  see  it 
<*oiiclud«'«l  at  an  early  day. 
1  have,  etc., 

Richard  B.  IIuubaed. 


ilnclosuro  1  in  No.  492— TrnnHlntion.] 
Count  Okuma  to  Mr.  Hubbard. 


Sir:  With  reference  ...  .,■■ 
arraugement  for  the  purpo.He 


vv»»i'  ^Jnninu  fir  ^tii.    ji  iri/f/uf  if. 

DF.I'Ain'MK.NT   FOR    FoRKlON   AFFAIRS, 

Tokyo,  the  7th  day,  the  7lh  mouth,  the  .'M  year  of  Meiji. 
to  the  iii'o|)osal  of  your  (!overumeut  to  enter  into  a   proper 
irpo.He  of  preventing  by  iutermitional  toiiperation  indiscriiui- 


I  W  1  "I 


190 


DIPLOMATIC   CORRESPONDENCE. 


nitte  and  nnrcj^iilatdd  (Ifstriictioii  «f  fur  st^alw  in  th«  Heliiing  Sea,  the  views  of  the 
Imperial  (iovtTnnient  haviii^;  liccn  coniinnnicated  to  yon,  yonr  (lOvernnient  intimated 
tliat  they  wonM  ispjiroacli  the  Hnhjeet  again  upon  receipt  of  responses  from  the  pow- 
ers consulted,  and  coiiseipiently  the  Imperial  (juverument  have  been  awaiting  further 
connnuuication  from  your  tiovernment. 

In  the  meantime  it  has  rt'cently  l)een  rejiorted  to  the  Imperial  Government  tliat 
the  United  States  minister  at  I^ondon  is  l)(ddiu<;  ('(msultatiou  with  Her  Itritish  Maj- 
esty's ])rincipal  Secretary  for  I'oreign  A  tt'airs  and  the  di]>loniatic  rejtresentatives  of 
some  other  power  or  powers  interested  in  respect  to  certain  matters  bearing  upon 
the  subje<-t. 

The  Imperial  rJov(!rnment  are  not  aware  of  the  nature  of  the  ((uestion  under  dis- 
cussion. If,  how«!ver,  tin;  nejfotiiition  has  actually  assumed  the  character  of  an  In- 
ternational convention,  in  which  the  views  of  the  stsveral  powers  interested  may  be 
formally  interchanged,  the  Im])erial  Government  would  desire  to  instruct  their  rep- 
resentative at  London  to  take  part  in  sm^h  negotiation. 

I  therefore  beg  leave  to  rccpiest  that  you  will  be  so  good  as  to  ascertain  the  truth 
of  the  report  and  to  connniinicate  to  me  the  result  of  your  inquiry. 
1  avail  myself,  etc., 

CouM  Shigunobu  Okuma. 


[Inclosiire  2  in  No.  492.] 
Mr.  Hubbard  to  Count  Okuma. 


hi! 


!t'^ 


United  States  Legatiox, 

Tokyo,  July  12,  1SS8. 

Sir  :  I  havn  the  honor  to  acknowledge  the  receipt  of  your  excellency's  note  No.  25, 
of  the  7tli  instant,  in  which,  referring  to  the  subject  of  the  proposed  arrangement 
be'^ween  the  (Jovernments  of  the  Unit<id  States  and  JajMin  and  some  other  powers, 
looking  to  the  protection  of  the  fur-seal  Hsheries  in  Behrlng  Sea,  your  excellency 
informs  me  that  it  has  been  rejiortcil  to  the  Imperial  Government  that  the  Cnitell 
States  minister  at  London  is  holding  c(Uisultation  with  Her  Hritish  Majesty's  priiK-i- 
pal  Secretary  for  iMUi'ign  Affairs  and  the  di))lomatic  representatives  of  some  other 
pow(!rs  interested,  in  respect  to  certain  matters  bearing  upon  the  subject.  Your  ex- 
cellency further  states  that  if  the  negotiations  have  assumed  the  character  of  an 
international  conference,  in  which  the  views  of  the  several  powers  interested  may 
be  formally  interchanged,  the  Im])erial  Government  would  desire  to  instrnct  their 
representative  at  I^ondon  to  take  jiart  in  such  negotiations;  and  you  retpiest  me  to 
ascertain  the  truth  of  the  report  referred  to,  and  to  communicate  the  result  of  my 
in(|uiry  to  your  department. 

In  reply  I  have  the  honor  to  say  to  your  excellency  that  by  the  mail  leaving  for  the 
United  States  on  or  about  June  20  I  had  the  honor,  as  suggested  by  the  verbal  and 
informal  inquiry  of  the  Foreign  Oftice,  to  address  a  dispatch  to  the  honorable  the 
Secretary  of  State  of  my  Government,  requesting  to  be  advised  of  the  present  status 
of  the  negotiations  of  the  projjosed  convention;  and  in  pursuance  of  the  subject  I' 
will  by  the  next  mail  leaving  for  the  United  States  forward  a  copy  of  your  exc"l- 
lency'.s  note,  with  the  reijuest  that  my  Government  will  furnish  me  with  full  infor- 
mation  resjjecting  the  jirogress  of  the  negotiations. 

In  this  conne<tion  I  beg  to  say  to  your  excellency  that  I  have  been  informed  in- 
formally and  unofficially,  by  the  representatives  at  Tokio  of  one  of  the  ]iowers  inter- 
esteU  in  the  said  negotiations,  that  he  was  in  receipt  of  information  to  the  effect 
that  the  consultation  now  being  conducted  at  London  is  of  a  purely  prelinunary 
character. 

I  am  fully  persuaded  that  the  consultation  to  which  your  excellency  refers  is  of 
the  same  nature  as  has  already  taken  place  between  the  United  States  minister  at 
Tokvo  and  the  .Japanese  Foreign  Office;  and  I  beg  to  repeat  to  your  excellency  what 
I  \v  ;  already  had  the  honor  to  assure*  your  Department  on  ^irevious  occasions  that 
a  final  decision  will  not  be  reached  in  this  matter  of  the  proposed  convention  until 
the  Imperial  Government  has  been  fully  advised  and  has  had  ample  opportunity  to 
express  its  views  in  the  premises. 
I  avail,  ctc.| 

BiCUARD  B.   HUUBAKD. 


PROPOSED    INTERNATIONAL    MEASIRKS,   1887-'88. 
Mr.  Bayard  to  Mr.  Hnhhard. 


191 


No.  223.]  Department  of  State, 

Wmh'nuiton,  July  1<%  1888. 

Sir:  I  have  received  your  'So.  483  of  the  23d  ultimo,  saying  that  the 
Japanese  'linister  for  Foreign  A  flairs  had  infonnally  inquired  of  you 
lately  concerning  the  proposed  convention  between  the  United  States 
and  Japan,  looking  to  the  protection  of  fur  seals  in  Bering  Sea,  which 
formed  the  subject  of  my  instruction  Xo.  171  of  November  21, 1887. 

Negotiation  with  Japan  in  reference  to  the  protection  of  the  seals  in 
liehring  Sea  has  been  delayed  by  the  unexpected  protraction  of  the  ne- 
gotiation with  Great  Britain  and  Kussia.  It  is  thought  desirable  that 
the  arrangement  between  these  countries  should  be  permitted  to  assume 
a  definite  and  settled  fonn  before  other  agreements  are  formulated.  It 
is  hoped  that  the  matter  will  soon  be  in  such  shape  as  to  permit  the 
entrance  upon  formal  negotiations  with  Japan. 

In  the  meantime,  however,  the  question  might  be  informally  discussed 
with  the  Japanese  Government,  with  a  view  to  ascertain  just  what  is 
desired  of  the  United  States  in  regard  to  the  protection  of  the  sea  otter. 
I  am,  etc., 

T.  F.  Bayard. 


Mr.  Bayard  to  Mr.  Hubbard. 

[Coiifi<lciitiiil.] 

No.  232.]  Department  of  State, 

Waslihif/ton,  August  />,  1888. 

Sir:  I  have  to  acknowledge  the  receipt  of  your  No.  402,  of  the  13th 
ultimo,  in  which  you  transmit  a  copy  of  a  note  from  ('ount  Okuma, 
Minister  for  Foreign  Affairs  of  Japan,  of  the  7th  ultimo,  in  which  he  states 
the  desire  of  his  Government  to  instruct  its  representative  in  London 
to  take  part  in  the  negotiations  there  pending  between  the  (Jovernment 
of  the  United  States  and  that  of  Great  Britain  for  a  convention  for 
the  itrotection  of  seals  in  Behring  Sea,  i>rovid»Hl  the  negotiations  have 
reached  a  stage  which  would  admit  of  such  participation. 

In  rejdy  you  pnmiised  his  excellency  that  you  wtMild  request  your 
Government  to  furnish  you  with  full  information  respecting  tlie  progress 
of  the  negotiations. 

No  change  is  known  to  have  taken  place  in  the  state  of  the  negotia 
tions  at  lioudon  since  the  Department  last  wrote  you  on  the  subject. 
Four  months  ago  strong  hoiies  were  entertained  here  that  the  conven- 
tion would  soon  be  concluded.  But  tlie  Deiiartment  is  now  informed 
that  the  views  of  Her  Britannic  Majesty's  Minister  for  Foreign  Affairs 
have  met  with  obstruction  from  Canada,  where  vessels  are  yearly  fitted 
out  for  the  jmrpose  of  preying  upon  seal  life  by  the  use  of  firearms  and 
other  destructive  weapons. 

It  is  not  i)er<  eived,  therefore,  how  the  participation  of  Japan  in  the 
negotiations  at  London  could  promote  their  successful  <-oncIusion. 
There  is  not  known  to  be  any  ditleri'iice  of  oi)ini(in  between  this  Gov- 
ernment and  that  of  Her  Britannic  Majesty  as  to  the  necessity  and  pro- 
priety of  the  jnternati(mal  arrangement,  now  under  consideration,  for 
the  protectio'i  of  the  seals  in  Behiing  Sea. 


I'm 


li;    ) 


i 


i     1 


h  'II  ilii! 


(  '  III! 


'   I 


!■  I 


I'll 
ilili 


ill'     / 


I  :J' 


I 


102 


DIPLOMATIC    CORRESPONDENCE. 


Tlic  coiiveiitioii  wliich  .liipaii  will  soek  to  make  on  tlie  same  snbjeet 
will,  as  you  liavc^  imlicated,  liave  to  be  shaped  in  some  resi)ects  so  as 
to  meet  the  wishes  of  Japan  in  re}>anl  to  the  protection  of  her  iiiter- 
ej^ts  in  the  sea  otter.  What  this  (iovernmeut  deems  necessary  for  the 
preservati(ni  of  the  seals  in  liehring-  Sea  is  entirely  to  prohibit  the 
slauffhter  of  them  witii  tirearms,  nets,  and  other  destructive  im|)le- 
ments,  at  a  distance  from  the  coasts.  The  Department  would  be  glad 
to  learn  the  views  of  the  Japanese  Government  concerning  the  meas- 
ures necessary  for  the  prot«'<'tion  of  its  interests  in  the  otter,  and  to  be 
furnished  with  information  respecting  their  territorial  and  pecuniary 
extent. 

1  am,  etc., 

T.  F.  Bayard. 


RUSSIA. 


3Ir.  Wvrts  to  Mr.  Bayard. 

No.  139.]  Legation  of  the  United  States, 

St.  Pctershio-g,  September  .V,  1887.  (Received  Septembei- 17.) 
Sir:  I  have  the  honor  to  at-knowledge  the  receipt  of  your  instruction 
No.  99,  of  the  19tli  of  last  month,  relating  to  the  measures  to  be  taken 
for  the  better  piotcction  of  the  seal  tlsheries  in  Behring  Sea,  and  to 
inform  you  that,  in  obedience  to  it,  I  have  connnunicated  the  invita- 
tion of  the  Government  of  the  United  States  to  that  of  Russia  to  enter 
into  such  an  arrangement  as  will  put  a  check  to  the  indiscriminate 
destruction,  by  the  citizens  of  either  country,  of  the  seals  in  those 
waters. 

I  am,  etc., 

George  W.  Wurts. 


Mr.  Lothrop  to  Mr.  Bayard. 

No.  151.]  Legation  of  the  United  States, 

St.  Petershnrg,  Deeemher  s,  1887.    (Received  December  27.) 

Sir:  I  have  the  honor  to  transmit  herewith  the  translation  of  a  note 
from  the  Foreign  Ottice,  received  at  the  legation  yesterday,  on  the  propo- 
sition of  the  United  States  for  an  inteinational agreement  touching  the 
cai)ture  of  seals  in  Behring  Sea.  The  earnestness  felt  here  in  the  mat- 
ter is  plainly  indicated  by  the  language  of  the  note,  which  s])eaks  of 
unrestrained  seal-hunting  as  a  thing  whicth  not  only  threatens  the  well- 
being  but  even  the  existence  of  the  people  of  the  extreme  northeast 
coast. 

This  language  rei>resents  a  view  which  I  .have  heard  here  in  conver- 
sation, of  courst^  not  officially,  and  which  is  substantially  as  follows: 

The  seal  lishery  on  our  Behring  <'oasts  is  the  only  resource  (mr  people 
there  have;  it  furnishes  them  all  the  necessaries  of  life;  without  it  they 
]»erish.     Now,  international  law  concedes  to  every  people  exclusive  juris 
dictiou  over  a  zone  along  its  coasts  sufficient  for  its  protect  ion;  and  the 


PROroSKD   INTEKNATIONAL   MEASURES,  l887-'88. 


11)3 


(liMftrinc  of  the  equal  rights  of  all  nations  on  the  high  seas  rests  on  the 
idea  that  it  is  consistent  with  the  comuioii  welfare  and  not  destructive 
of  any  essential  rights  of  the  inhabitants  of  the  neighboring  coasts. 
Such  common  rights,  under  public  law,  rest  on  general  consent,  and  it 
wotild  be  absurd  to  attirm  that  such  consent  had  been  given,  wheie  its 
necessary  result  would  be  the  absolute  destruction  of  one  or  nuire  of  the 
parties.  Hence  the  rule  can  not  be  applied  blindly  to  an  unforeseen 
case,  and  these  alleged  common  rights  must  rightfully  be  limited  to 
cases  where  they  may  be  exercised  consistently  with  the  welfare  (jf  all. 
Behring  Sea  partakes  largely  of  the  character  of  an  inclosed  sea;  two 
great  nations  own  and  control  all  its  inclosing  shores.  It  possesses  a 
peculiar  fishery,  which,  with  reference  to  its  ])reservation,  can  only  be 
legitimately  pursued  on  land,  and  even  there  only  under  strict  regula- 
tions. To  allow  its  unrestrained  pursuit  in  the  open  waters  of  the  sea 
is  not  only  to  doom  it  to  annihilation,  but,  by  necessary  conscquent'c, 
to  destroy  all  its  coast  inhabitants.  If  this  result  is  conceded  it  fol- 
lows that  the  doctrine  of  common  rights  can  have  no  application  to  such 
a  case. 

I  have  thought  it  might  not  be  uninteresting  to  give  this  as  a  view 
which  has  found  expression  here,  and,  if  found  necessary,  I  think  it  not 
improbable  that  Russia  would  feel  that  she  was  driven  to  act  on  it. 


I  am,  etc., 


Geo.  V.  N.  Lothrop. 


[Inclogure  in  No.  151— TraoHlation.] 
M.  de  Giers  to  Mr.  Lothrop. 

Ministry  of  Foreign  Affairs, 

Asiatic  Department,  Xoicmbir  Ji>,  1SS7. 

Mr.  Minister  :  Mr.  Wnrts,  niider  tlato  of  Aujrust  22  [September  2],  \\t\s  jj;<'0(l 
onoiijib  to  conimiiiiicat.e  to  me  the  views  ol'tlie  Governnn'iit  of  tlie  I'liitcd  Stjites  of 

America  upon  the  subject  of  tiie  desirableness  of  an  umh'rstiiii<liii,n,  a nj;  tlie  nov- 

ernuients  concerned,  for  the  rejjnlation  of  the  takiiifj  {la  change)  of  the  fur  seal  (/oH/rcx) 
in  the  Beliriuf?  Sea,  in  order  that  an  end  uii^ht  be  put  to  those  inconsiderate  practices 
of  extermination  which  threaten  to  dry  up,  at  their  source,  an  imjiortant  branch  (tf 
international  commerce. 

We  concur  entirely  in  the  views  of  the  Government  of  the  I'nited  States.  Likt;  it, 
we  also  have  been  for  a  loiifit  time  consideriiiK  what  means  could  l)e  taken  to  remedy 
a  state  of  things  which  is  prejudicial  not  only  to  commerce  and  to  revenue,  but  wliicli 
will  soon  work  disastrous  results,  not  only  to  the  well-beinf>-  but  oven  to  (he  exist- 
ence of  our  jteople  in  the  extreme  northeast.  The  establishment  of  a  rc,isonal)le 
rule,  and  of  a  lawful  system  in  the  iim  (l'e.r)/loitatioii)  of  the  resources,  which  furnish 
their  only  industry,  is  for  those  people  of  '.  ital  im]iortan<'e. 

The  pressiuf;  interest  which  the  Im]ier>al  (Joverumeut  has  been  thus  called  to  con- 
sider had  alrea<ly  su,4rfi;e8ted  to  it  the  idea  of  an  international  afircenient,  by  whicli 
this  intvrcst  might  tind  its  most  etticie'.it  ]>rote>  ti(m.  It  is  by  tliis  way  that  tlie  dif- 
ferent (juestions  inv(dved  can  be  best  resolved,  and  among  which  there  exists,  in  our 
opinion,  a  close  connection. 

The  proposition  of  an  accord  emanating  from  the  Government  of  the  United 
States,  and  which  we  take  pleasure  in  considering  as  a  step  toward  that  general 
solution,  must,  of  course,  but  meet  the  sincere  sympathies  of  the  Imperial  (ioveru- 
inent,  and  its  active  support,  and  this  I  pray  you  to  make  known  to  the  Cabinet  at 
Washington. 

Please  receive,  etc.,  .  - 

OlEBS. 

35 


V    / 


A  I' ill, 
'}  ill 


I 


11  . 

I     ; 
I    I 


i 


!  I 


!     I 


ii  •' 


11!!  II 

\   '",1  I 

I    i' 


194 


No.  161.] 


DIPLOJfATIC    COKRKSPOXDENCE 


Mr.  Lothrop  to  Mr.  liayard. 


Legation  of  the  T'mted  States, 
St.  rrfcrshnrff,  Fthrnury  2:.*,  188S.  (Kect'ivrd  Maicli  12.) 
3iU:  Your  dispati'li,  Xo.  110,  relative^  to  tlu'  protection  offurbeariiifj 
seals  ill  the  l»»'liiiiij>'  Sea,  lias  just  reached  me,  anil  I  have  lost  no  tin»e 
ill  inakiiiji>'  known  to  the  Imperial  Clovernmeiit  your  wishes  resp«'eting 
the  coiijieration  of  tlii^  Hussiaii  Ambassador  in  Loiuhui  with  31r.  Phelps 
on  this  subject. 

Veiy  truly,  etc., 

Geo.  V.  N.  Lothrop. 


Mr.  Lothrop  to  Mr.  Bayard. 


No.  164.] 


Legation  oe  the  United  States, 
St.  VvtershHr<j,  Marvh  1L\  1888.     (lieceived  April  2.) 

Sill:  Iinmediately  ui»oii  the  receipt  of  your  dispatch  No.  llOlcom- 
inunicated  to  3Ir.  de  (iiers  the  sugyestioiis  therein  contained.  In  reply 
he  now  intornis  me  that  the  ImjM'rial  GovernmcTit,  actinjn'  thereon,  has 
instructed  Mr.  de.  Staal,  its  Ambassador  in  London,  at  once  toimt  him- 
self into  communication  with  Mr.  Phelps,  and  to  do  his  best  to  promote 
the  common  obje(!t  of  the  two  governments.  1  uai  also  requested  to 
make  this  action  known  to  you. 
Very  truly,  etc., 

,    Geo.  V.  N.  Lothrop. 


S^VEDEN  tVND  NORWA.Y, 


Mr.  Magcc  to  Mr.  Bayard. 


No.  118.] 


Legation  of  the  United  States, 
Stoclchohn,  March  20,  188s.     (Keceived  xVpril  0.) 

Sir:  I  am  in  receipt  this  p.  m.  of  the  response  to  my  note  (Mi'itten 
niider  your  instruction  of  date  September  17,  1.S87),  inviting'  the  Gov- 
ernment of  the  United  Kingdoms  to  join  in  an  arrangemiiit  whereby 
an  end  would  be  put  to  the  indiscriminate  killing  of  seals  In  the  Ber- 
ing Sea. 

The  Koyal  Government  having  no  interest  in  seal  flsheries.  His  Maj- 
esty thinks  tliere  is  no  need  to  take  part  in  any  treaty  or  arrangement 
in  reference  thereto  on  the  part  of  the  United  Kingdoms.  He,  however, 
expresses  the  desire  that  a  mutually  beneficial  accord  may  be  arrived 
at  between  the  interesteil  powers,  and  that  the  same  may  be  maintained 
Avitli  a  reservation  that  powers  not  Jit  ])resent  interested  may  Join  in 
such  an  arrangement  in  the  future  if  they  desire. 

xVt  present  neither  Sweden  nor  Norway  engages  in  seal-flshiug  in 
Uehring  Sea  or  adj.iceut  waters. 
I  have,  etc., 

EUFUS  Magee. 


, — i. 


SEIZURES    OF    1889. 


195 


CORRESPONDENCE  RELATIVE  TO  THE  SEIZURE  OF  BRITISH  SEAL- 
ING VESSELS  IN  BERING  SEA  IN  1889. 

Mr.  EihcardcH  to  Mr.  Blaine. 

Bar  1  r ARiKMi,  A  ufltmt  21,  i^^O. 

Sir:  Tn  accordance  with  iiistnu'tions  wliicli  I  liavc  rccj'ivod  from 
Her  Majcfsty's  Piiucipal  Sccietary  of  State  for  Foreij^ii  Att'aiis,  I  liave 
the  honor  to  state  to  you  that  reiu'iited  iiiinors  have  of  hite  reached 
Her  Majesty's  (lovei-nnu'nt  that  United  States  cruisers  have  stopped, 
searched,  and  <'ven  s<'ize<l  Uritish  vessels  in  Behrinjj  Sea  outside  of  the 
tliree  niih>i  limit  from  the  nearest  bind.  Althou^ili  no  ollicial  confu-ma- 
tion  of  tliese  rumors  luis  reached  Her  Majesty's  (loverniueiit,  there  aj)- 
pears  to  be  no  reason  to  doubt  their  .authenticity. 

I  am  (h'sired  by  the  Manjuis  of  SaMsbury  to  iufpiire  whether  th(^ 
I'nited  States  Government  are  in  possession  of  simihir  information,  and 
further,  to  ask  that  stringent  instructions  may  l)e  s<'nt  by  the  I'nited 
States  (lovernment,  at  tlie  earliest  moment,  to  their  otticers,  with  the 
view  to  prevent  the  possibility  of  such  oceurrences  taking  place. 

in  continuation  of  my  instruction  1  have  the  honor  to  remind  you 
that  Her  JNlaJesty's  Goveriunent  received  very  clear  assuraiuies  last 
year  from  Mr.  Bayard,  at  that  time  Secretary  of  State,  that  peiuling 
thu  discussion  of  the  general  (pu'stions  at  issue  lu)  further  interference 
shouhl  take  place  with  British  vessels  in  Behring  Sea. 

In  ('(mclusion,  the  ^Marquis  of  Salisbury  desires  me  to  say  that  Sir 
Julian  Pauncefote,  Her  INI.ajesty's  Minister,  will  be  prepared  on  his 
return  to  Washington  in  the  autumn  to  dis<'uss  the  whole  (pu'stion, 
and  Her  Majesty's  Government  wish  to  jioint  out  to  the  Tnited  States 
Government  that  a  settlement  can  not  but  be  hindered  by  any  meas- 
ures offeree  whieli  may  be  resorted  to  by  the  Un'led  States. 
I  have,  etc., 

H.  G.  Edwardes. 


Mr.  Blaine  to  Mr.  Eilwardes. 


Bar  Harror,  Auflust  34,  1889. 

Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  commuui- 
catiou  of  this  date,  conveying  to  n»e  the  intelligenci^  "  that  repeated 
rumors  have  of  late  reached  Her  Majesty's  Government  that  United 
States  cruisers  have  stopped,  searched,  and  even  seized  Ibitish  vessels 
in  Behring  Sea  outside  the  .'{ mile  liuut  from  the  nearest  laud."  And 
you  add  that,  "although  no  official  conHrmation  of  these  rumors  has 
reached  Her  Slajesty's  Government,  there  appears  to  be  no  reason  to 
(h»ubt  their  authenticity." 

In  rj^ply  I  have  the  lumor  to  state  that  the  sanu?  rumors,  probably 
l)ased  on  truth,  have  reached  the  Government  of  the  United  States,  but 
that  up  to  this  <hite  there  has  been  no  official  comnuiiucatiou  received 
on  the  subject. 

It  has  been  and  is  the  earnest  desire  of  the  President  of  the  United 
States  to  have  such  an  adjustment  as  shall  remove  all  jtossible  ground 
of  misunderstaiuling  with  Her  Majesty's  Government  concerning  the 
existing  troubles  in  the  Behring  Sea;  and  the  President  believes  thai;  the 


■  ■*'.  til" 


hi- 


I' 


I 


1        ^ 


'I    •      I' 


19G 


DIPLOMATIC    CORRKSPONDENCE. 


lospoiisibility  for  delay  in  tlio  suljnstnient  ran  not  be  properly  cliarjjed 
to  the  (iovorniiH'nt  of  the  United  States. 

I  be;;'  yon  will  express  t(»  tin'  Marqnis  of  Salisbnry  the  j;ratittcation 
with  which  the  Government  of  the  United  States  learns  that  Sir  Jnlian 
Piiiincefote,  Her  Majesty's  Minister,  will  be  prepared,  on  his  return  to 
Washington  in  the  autumn,  to  discuss  the  whole  question.  It  j>'ives  nie 
pleasure  to  assure  you  that  the  (iovernment  of  the  United  States  will 
endeavor  to  be  i»repared  for  the  discussion,  and  that,  in  the  opinion  of 
the  Piesident,  the  points  at  issue  between  the  two  Governments  are 
capable  of  i)n»mi>t  adjustment  on  a  basis  entirely  honorable  to  both. 
I  have,  etc., 

James  G.  Blaine. 


Mr.  EdicarHes  to  Mr.  Blaine. 

Bar  Harbor,  Avgnst  35, 1889. 

Sir:  I  had  the  honor  to  receive  yesterday  your  note  in  which  you 
have  been  yood  enough  to  inform  nu',  with  lespect  to  the  repeated  ru- 
mors which  have  of  late  reached  Her  Majesty's  Government  of  the 
search  and  seizures  of  British  vessels  in  liehring  Sea  by  United  States 
cruisers,  that  the  same  rumors,  ])robably  based  on  truth,  have  reached 
the  Tnited  States  (Government,  but  that  up  to  this  date  there  has  been 
no  official  communication  received  on  the  subject. 

At  the  same  tinu'  you  have  done  me  the  honor  to  inform  me  that  it 
has  been  and  is  the  earnest  desire  of  the  President  of  the  Ignited  States 
to  have  such  an  adjustment  as  shall  remove  all  possible  ground  of  mis- 
understanding with  Her  Majesty's  Government  concerning  the  existing 
troubles  in  the  l»eliring  Sea;  and  that  the  President  believes  that  the 
responsibility  for  delay  in  that  adjustment  can  not  be  properly  charged 
to  the  Govcrument  of  the  United  States. 

You  request  me  at  the  same  time  to  express  to  the  Marquis  of  Salis- 
bury the  gratittcation  with  which  the  Government  of  the  United  States 
learns  that  Sir  Julian  Pauncefote,  Her  Majesty's  Minister,  will  be  pre- 
l>ared,  on  his  return  to  Washington  in  the  autumn,  to  discuss  the  whole 
(luestion,  and  y<ni  are  good  enough  to  inform  me  of  the  pleasure  you 
have  m  assuring  nic  that  the  Government  of  the  United  States  will 
endeavor  to  be  ])repared  for  the  discussion,  and  that,  in  the  opinion  of 
the  President,  the  points  at  issue  between  the  two  Governments  are 
capable  of  i)romi)t  adjustment  on  a  basis  entirely  honorable  to  both. 

1  shall  lose  no  time  in  bringing  your  reply  to  the  knowledge  of  Her 
M.ajesty's  Government,  who,  while  awaiting  an  answer  to  tlie  other  in- 
quiry I  had  the  honor  to  make  to  you,  will,  I  feel  confident,  receive 
with  nuich  satisfaction  the  assurances  which  you  have  been  good 
enough  to  make  to  me  in  your  note  of  yesterday's  date. 
I  have,  etc., 

H.  G.  Edwardes. 


Mr.  Edicardes  to  Mr.  Blaine. 

Washington,  Septeniher  13, 1889. 

My  Dear  Mr.  Blaine:  I  should  be  very  much  obligedif  you  would 
kindly  let  me  know  when  1  may  expect  an  answer  to  the  request  of  Her 


SKIZFRKS   OF    1889. 


197 


]\riij<\sty's  Goveninieut,  whicli  1  lia<1  tlielionorof  roniniuiiu'atiufjtoyou 
in  my  note  of  the  L'itli  of  An;;ust,  that  instiuctions  may  be  sent  to 
Aiaska  to  prev«'nt  tlie  possibility  of  the  si'i/.me  of  Itritish  ships  in 
rW'hring  Sea.  Her  Majesty's  (lovernment  are  earnestly  awaitinf;  the 
rei)ly  of  tlie  I'nite*!  States  (lovernnmit  mi  this  snbjeet,  as  the  reeent 
reports  of  seizures  haviii;^'  taken  place  are  causin};'  mueh  excitement 
both  in  England  and  in  ('ana<la. 


1  remain,  etc., 


II.  G.  Edwakdes. 


Mr.  Blaine  to  My.  Ethrnrdes. 

Bar  IlAinioR,  September  14, 18S9. 

Sir:  I  have  the  honor  to  ackno\vhMl;>-e  tlui  reeeii)t  of  your  personal 
note  of  tiie  12th  instant,  written  at  Washington,  in  which  yon  desire  to 
know  when  you  may  expect  an  answer  to  the  re(|uest  of  Her  Majesty's 
(iovernment,  ''that  instnu-tioDs  may  be  sent  to  Alaska  to  pri'vent  the 
l>ossibility  of  the  seizure  of  British  iships  iu  Bebrinj;'  Sea." 

1  had  supi)osed  that  my  note  of  Au^iust  24  would  siitisfy  Ihr  Maj- 
esty's Government  of  the  rresident's  earnest  desire  to  c(une  to  a  friendly 
agreement  touchinji'  all  matters  at  issue  between  the  two  Governments 
in  relation  to  Behring  Sea,  and  I  had  further  suppose*!  that  your  mention 
of  the  ofticial  instruction  to  Sir  .Julian  Pauncefote  to  jiroceed,  immedi- 
ately after  his  arrival  in  October,  to  a  full  discussion  of  the  tpiestion, 
removed  all  necessity  of  a  i)reliminary  corresiumdence  touching  its 
merits. 

Referring  more  ])articularly  to  the  question  of  which  you  repeat  the 
desire  of  your  GovernnuMit  for  an  answer,  1  have  the  honor  to  inform 
you  that  a  categorical  response  would  have  been  and  still  is  impracti- 
cable— unjust  to  this  Government,  and  misleading  to  the  (Jovernnu^nt 
of  Her  Majesty.  It  was  therefore  the  judgment  of  the  President  that 
the  wlude  subject  could  more  wis»'ly  be  remande<l  to  the  formal  discus 
sion  so  neai  at  hand  which  Her  Majesty's  (iovernment  has  ]U'oi)Osed, 
and  to  which  the  Government  of  the  United  States  has  cordially  as- 
sented. 

It  is  proper,  however,  to  acbl  that  any  instruction  sent  to  Behring  Sea 
at  the  time  of  your  original  request,  upon  the  2-tth  of  August,  w<mld 
have  failed  to  reach  those  waters  before  the  proposed  dei)arture  of  the 
vessels  of  the  Tnited  States. 
I  have,  etc., 

James  G.  Blaine. 


The  Marquis  of  Salisbury  to  Mr.  Edirardes. 

[Left  at  the  Department  of  Slate  by  Mr.  Edwardes.] 

Foreign  Offk^e,  October  2,  lfifl9. 
Sir:  At  the  time  when  the  seizures  of  British  ships  hunting  seals  in 
liehring's  Sea  during  the  years  1<S<S(J  and  18(S7  were  the  subjects  of  dis- 
cussion the  Minister  of  the  United  States  made  (nn'tain  overtures  to 
Her  Majesty's  Government  with  respect  to  the  institution  of  a  close 


ll' 


ip'l 


198 


DIPLOMATIC   CORRKSPONDENCE. 


tiiiu*  for  tlio  Hoiil  fishery,  for  flic  ituri>o.s('  of  i)r('V<'iiting'  tlic  oxtirpa- 
ti(Hi  of  tlu'  siH'cit's  ill  tliiit  i>iii't  of  tlie  world.  Witli(»ut  in  any  way  ad- 
mitting that  ('Ottsidfiations  of  this  order  couUl  Justify  tlie  seizure  of 
vesselH  which  w«'re  trail sf;T«'ssinj;'  no  rule  of  international  law,  ller 
Majesty's  Oovernnieiit  were  very  ready  to  agree  that  the  subjet-t  was 
one  deserving  of  the  gravi'st  attention  on  the  part  of  all  the  govern- 
ments interested  in  th  >se  waters. 

The  Unssiaii  Government  was  disjiosed  to  Join  in  the  iiroposed  nego- 
tiations, but  they  were  suspended  foi-  a  time  in  eonsequenee  of  objec- 
tions raised  by  the  J>ominion  (►f  Canada  and  of  doubts  thrown  on  the 
physical  data  on  whi<'li  any  restrictive  legislation  must  have  been  based. 

Her  Majesty's  Government  are  fully  sensible  of  the  importance  of 
this  question,  and  of  the  great  value  which  will  attach  to  an  interna- 
tional agreement  in  resp«'ct  to  it,  and  Her  Majesty's  rei)reseiitative  will 
be  furnished  with  the  requisite  instructions  in  case  the  Secretary  of 
State  should  be  willing  to  enter  ujion  the  discussion. 

You  will  read  this  dispatch  and  my  dispatch  No.  205,  of  this  date,  to 
the  Secretary  of  State,  and,  if  he  should  desire  it,  you  are  authorized 
to  give  him  copies  of  them. 
I  am,  etc.; 

Salisbury. 


Mt   / 


The  Marquis  of  Salisbury  to  Mr.  EHtcardes, 

[Left  at  the  l)epa'.  cment  of  State  by  Mr.  Edwardos.] 

Foreign  Office,  October  3, 18S9. 

Sir:  In  my  dispat(di  No.  176  of  the  17th  August  last  I  furnished  you 
with  copies  of  a  correspondence  which  had  passed  between  this  Depart- 
ment and  the  Colonial  Ortice  on  the  subject  of  the  seizure  of  the  Cana- 
dian vessels  Black  jyiamond  and  Triumph  in  the  Bering  Sea  by  the 
United  States  revenue-cutter  Rush. 

1  have  now  received  and  transmit  herewith  a  copy  of  a  dispatch  from 
the  Governor-General  of  Canada  to  the  Secretary  of  State  for  tlie(!olo- 
niea,  which  incloses  copies  of  the  instructions  given  to  the  special  officer 
placed  on  board  the  Black  Diamond  by  the  officer  commanding  the  Bush, 
and  of  a  letter  from  the  collector  of  customs  at  Victoria,  together  with 
the  sworn  affidavits  of  the  masters  of  the  two  Cana<lian  vessels. 

It  is  api>arent  from  these  affidavits  that  the  vessels  were  seized  at  a 
distance  from  land  far  in  excess  of  the  limit  of  maritime  jurisdiction 
which  any  nation  can  claim  by  international  law. 

The  cases  are  similar  in  this  respect  to  those  of  the  ships  CaroJiue, 
Onirard,  and  T/«o»'«^o//,  M'hicli  were  seized  by  a  vessel  of  the  United 
States  outside  territorial  waters  in  the  summer  of  1887.  In  a  dispatch 
to  Sir  L.  West  dated  September  10,  1887,  which  was  communicated  to 
Mr.  Bayard,  I  drew  the  attention  of  the  Government  of  the  United 
States  to  the  illegality  of  these  proceedings,  and  expressed  a  hope  that 
due  compensation  would  be  awarded  to  the  subjects  of  Her  Majesty 
who  had  suftered  from  them.  I  have  not,  since  that  time,  received  trcmi 
the  Government  of  the  United  States  any  intimation  of  their  intentions 
in  this  respect,  or  any  explanation  of  the  grounds  upon  which  this  in- 
terference with  the  British  sealers  had  been  authorized.  Mr.  Bayard 
did,  indeed,  communicate  to  lis  unofficially  an  assurance  that  no  further 
seiz'ires  of  this  character  should  take  place  pending  the  discussion  of 


SEIZUKKS    OF    1880. 


11)9 


flu'  (pu'stioiis  iiivolvt'd  between  the  two  governments.  Iler  ^lajesty's 
(iovernnieiit  nnicli  regret  to  tlnd  tliat  tliis  nn<Ierstiindiii}>'  liiiM  not  been 
eiinicd  loiwiiid  into  tlie  piesent  year,  and  that  instrnctions  liave  been 
issncd  to  erniseis  of  tlie  United  Htates  to  .seize  Ih'itisii  vessels  tishin;>' 
t'oi-  si'als  in  Behi'inj;'  Sea  ontside  tlie  limit  of  teiritorial  waters.  The 
yronnds  npon  which  these  violent  measnres  have  been  taken  hav<'  not 
been  eommunicated  to  IUt  Maiesty\s  (iovernment,  and  remain  still  un- 
explained. 

ibit  in  view  of  th(^  unexpeeted  renewal  of  the  seizures  of  whieh  Iler 
Majesty's  Crovernnu'nt  have  previously  complained,  it  is  my  duty  to 
protest  against  them,  and  to  state  that,  in  the  opinion  of  Iler  Majesty's 
Government,  they  are  wholly  unjustitied  by  international  law. 
I  am,  etc., 

Salisbuey. 


[Inclosiire  4.] 

Captain  Shcpard  to  Mr.  IfaiikniiHon. 

\J.  S.  Rkvknm'k  Stk  \..Mi;ii  Ki'sii,  liKKiNCt  Ska, 
Lnliliidv  r.t;^  .'J'  .v.,  loiiijiliKlr  I7'r  2-'>'  W.,  Julji  It,  ISftf). 
Siii:  Yoii  are  hereby  appointed  n  s))i!(iiil  odici-r,  iiml  directed  to  proceed  on  Itoard 
the  schooner  lilack  Itiamoiid,  of  N'ictoria.  ISritisli  Culnniliia,  tlii8  day  seized  for  viola- 
tion ot  law  (.section  l!)5t),  Revised  Statntes  of  the  I'nitcMl  States),  and  assnme  charge 
oftliesaid  vessel,  her  otlicers.  and  crew,  twenty-live  in  nnnilier.  all  t(dd,  excepting  the 
navi<ration  of  the  vesstd,  which  is  reserved  to  Cajit.  Owen  Thomas,  and  which  yon 
will  not  interfere  with  nnless  yon  become  convinced  that  he  is  proceeding  to  some 
other  than  ycnir  ])ort  of  destination,  in  which  tjvent  yon  are  anthori/.ed  to  assnnn^  fnll 
charge  of  the  vessel.  Kverything  being  in  readiness,  you  will  direct  L"a))t.  Owen 
'i'honias  to  make  the  best  of  his  way  to  Sitka,  Alaska,  and  npon  arrival  at  that  ]>ort 
yon  will  report  in  person  to  the  United  .States  district  attorney  for  the  district  of 
Alaska,  and  deliver  to  him  the  letter  so  addressed,  the  schooner  liUick  IHamond,  oi 
N'ictoria,  Mritish  Columbia,  her  outfit,  and  the  persons  of  (!apt.  Owen  Thomas  and 
Mate  Alexander  Gait,  and  set  her  crew  at  liberty.  After  being  relieved  of  the  jirop- 
ertv  and  persons  intrusted  to  your  care,  you  will  await  at  .Sitka  the  arrival  of  the 
Itn'iih. 

Very  respectfully,  etc., 

L.  G.  SirKi'AKD, 
Captain  U.  S.  llvvcnuc  Steamer  Hush, 

For  the  other  inclosures  see  House  Ex.  Doc.  No.  450,  Fifty-first  Con- 
gress, first  session,  i)i).  (J-D. 


Mr.  Edicnrdes  to  Mr.  Blaine. 

BniTisii  Lkgation, 
Washiiuftoti,  iMobvr  11,  18S9. 
Mv  Di'iA.11  Mr.  Blaine:  When  I  had  the  honor  to  read  to  ycm  on 
S  itnrday,  the  12th  instant,  the  two  dispatches  addressed  to  me  by  the 
^larcpiis  of  Sidi.sbury  on  the  subje(?t  of  the  seizures  of  liritish  sealers 
in  Behrinji  sea,  you  incptired  of  me  when  I  reached  the  ])assa}>e  whi<*h 
runs  as  follows,  ''  Mr.  IJayard  did  imU'ed  connmiidcate  to  us,  unotti- 
cially,  an  assurance  that  no  further  seizures  of  this  eharacter  should 
take  phjce  pending  tlie  di.scus.sion  of  the  <iue.stions  involved  between 
the  two  Governments,"  if  I  could  tell  you  in  what  way  this  assurance 
was  oliicially  communicated  to  Iler  Majesty's  Government.    1  I'eijUed 


1.1 


200 


DIPLOMATIC  (;oui?ksi'oniu:n(F. 


that  I  lM'li<'v«'il  it  liiid  h(>t>ti  so  cniiiiiiiiiiiciitcil  in  a  letter  ixlilrrssnl  Ity 
Mr.  IJiiyanl  to  Sir  liioiiel  West,  imd  tlnit  timt  letter  would  l»e  IoiiikI  in 
the  printed  <'orr(>s|>ondenee  on  tlie  snl)ieet  wliieli  was  laid  iM'toie  Con- 
jfress  this  year. 

I  liavo  siiieo  lemiHMl  that  the  jissniiinee  which  Fjitrd  Salislniry  had  in 
mind  when  writin;;' tluHlispateh  I  read  wiis  not  that  to  which  I  relened 
in  my  reply  to  you,  but  was  an  assurance  comniuiiieated  uiiorii<'iiilIy  to 
hisloi'dsiiip  by  the  Tnited  States  niinistei'  in  London,  ami  also  by  Mr. 
Bayard  t(»  Sir  Lionel  West  in  the  month  of  Ai>ril  hist  year. 
1  have,  etc., 

IL  (j.  Edwaudem. 


t        Ik 


I 

I) 


•»;ii 


IP 


! 


I     v^ 


Mr.  Blaine  to  ISir  Julian  Paunce/otc, 

Dei'aktmkxt  of  State, 
Waslihifffon,  'hnniari/  •/'.',  IS!)0. 

Sir:  Several  weeks  have  elapsed  since  I  had  th<'  honor  to  i-eceive 
thnmgh  the  hands  of  Mr.  Kdwardes  cojaes  of  two  dispatches  from  Lord 
Salisbury  complaining  of  the  <*ourse  of  the  United  States  revt'uuecut- 
ter  Rush  iu  iiiten-eptingCamidian  Vi'ssels  sailinj-' under  th<'  IJritish  tlag 
and  engaged  in  taking  fur  seals  in  tin;  wat«'rs  of  the  llehring  S«'a. 

Subjects  which  could  not  be  postponed  have  «'ngaged  tin;  attention 
of  this  Department  and  have  r<Miden'd  it  impossible  to  give  a  formal 
answer  to  Lord  Salisbury  until  the  ])resent  time. 

In  the  opini(ui  of  the  President,  the  Canadian  vessels  arv  sted  and 
detained  in  the  Behring  Sea  were  engaged  in  a  i)ursuit  tl  i  was  in 
itself  co«<y«  honos  mores,  a  pursuit  which  of  necessity  involve  i  serious 
and  pennanent  injury  to  the  rights  of  the  (lov«'rnment  ami  people  of 
the  United  States.  To  establish  this  ground  it  is  not  necessary  to  argue 
the  question  of  the  extent  an<l  nature  of  the  sovereignty  of  this  (xovei'U- 
ment  over  tl\e  waters  of  the  Behring  S<'a;  it  is  not  necessary  to  explain, 
certainly  not  to  define,  the  powers  and  privileges  ceded  by  His  Iniju'rial 
Majesty  the  Emperor  of  llussia  in  the  treaty  by  which  the  Alaskan 
territory  was  transferred  to  the  United  Srates.  The  weighty  consider- 
ations growing  out  of  the  acquisition  of  that  territory,  with  all  the  rights 
on  land  and  sea  inseparably  connected  therewith,  maybe  safely  left  out 
of  view,  while  the  grounds  are  set  forth  upon  which  this  (Jovernment 
rests  its  justification  for  the  action  comi)lainedof  by  Her  ALijesty's  Gov- 
ernment. 

It  can  not  be  unknown  to  Her  Mnjesty's  (rovernment  that  one  of  the 
most  valuable  sources  of  revenue  from  the  Alaskan  possessions  is  the 
fur-seal  fisheries  of  the  Behring  Sea.  Those  lisheries  had  been  exidu- 
sively  controlled  by  the  Government  of  llussia,  without  interference  or 
without  question,  from  their  original  discovery  until  the  cession  of 
Alaska  to  the  United  States  in  1867.  From  1S(»7  to  188(»  the  possession 
in  which  Russia  had  been  undisturbed  was  enjoyed  by  this  Government 
also.  There  Avas  no  interruptu>n  and  no  intrusion  from  any  source. 
Vessels  from  other  nations  passing  from  time  to  time  through  Behring 
Sesi  to  the  Arctic  Ocean  in  pursuit  of  whales  ha('  always  abstained  from 
taking  part  in  the  capture  of  seals. 

This  uniform  avoidance  of  all  attempts  to  take  fur  seal  in  those 
waters  had  been  a  constant  recognition  of  the  right  held  and  exercised 
first  by  Bussia  and  subsequently  by  this  Goverumeut.    It  has  also  been 


PKIZI  I.T.S    or    1H«9. 


201 


flit'  |-<>co<j;'|||tjoti  ol'  ii  I'iK't  Mow  lit'ld  I)i-\iiImI  tlciliiil  (»r  iloiiht  tli:it  tilt' 
takiii;;' *>l' .s(>iils  in  tlir  o|m'ii  si>  i  liipiJIv  Ifiuls  to  tlicir  extiiictioii.  This 
is  not  only  tlx-  wi'll  known  ojiinioii  ot'  (^xjM'i'ts,  hotli  llritisli  and  Anin-- 
iciin,  Itast-M  upon  prolonged  ohscrvafiou  and  iii\«'sti;;ation,  but  tlir  Tact 
I'ad  also  Iktii  dt'inonstinlcd  in  a  wide  scnsr  by  the  wcli  ni;ili  total  dc- 
stnictioii  ol'  all  seal  lisln  rit-s  eMipt  the  one  in  tin-  llcliiinj;  Sea.  which 
the  (iovt'innicnt  oi'  (lie  I  nitcd  Slates  is  now  striving  to  picscivc,  not 
altojicthcr  lor  tlui  use  ot"  the  Anicricaii  people  hiif  (or  the  us(>  (»r  t\w 
world  at  larju'e. 

The  killin;^  (»r  seal>  ill  the  oiie.i  sea  involves  the  destriielion  of  tliu 
female  ill  coiiiinon  with  the  male.  The  s|aii};ht(  r  of  the  female  seal  is 
reekonod  as  an  imniediate  loss  ol"  three  seals.  Itesides  the  future  loss  of 
the  whole  numl»er  wliicii  the  heariii;;' seal  may  prodiie*'  in  the  successive 
years  of  life.  The  destiiictioii  which  results  from  killiii."'  seals  in  the 
ojK'ii  sea  pi'oceeds,  therefore.  l>y  a  ratio  wiiicli  constantly  a'ld  rapidly 
increases,  and  insures  the  total  externnnation  of  the  species  within  a 
vtny  brief  peiiod.  It  has  thus  l(i>coiiie  k'i(»wn  that  the  only  proper  time 
for  tln'  slanji'liter  of  seals  is  at  the  season  when  they  betake  themselves 
to  the  land,  becans«'  the  land  is  the  only  pla<'e  where  the  necessary  dis- 
ei'imimition  can  be  made  as  to  the  a;^'e  and  sex  of  the  seal.  It  would 
seem,  then,  by  lair  reasoiiin;;.  that  nations  not  possessiii<>'  the  territiuy 
upon  which  seals  can  increase  their  imiiii>ers  by  natural  jirowth,  and 
tints  atford  an  annual  supply  of  skins  for  the  use  of  mankind,  shonhl 
refrain  from  the  shiu;;hter  in  (tpeii  seii,  where  the  destruction  of  the 
speeies  is  sure  and  swift. 

After  the  ac(iuisition  of  Alaska  the  (lovevnnient  of  the  rnited  States, 
throu;;h  «'ompetent  ajjeiits  working  iiiid  -r  the  direction  of  the  best  ex- 
perts, {-ave  caieful  attention  to  the  improvement  of  the  seal  lisheries. 
Proceedinji  l)ya  close  obedience  to  tli;'  laws  of  nature,  and  rigidly  limit- 
in<i'  the  number  to  be  aiinually  slau^hteied,  the  (iovernment  succeeded 
ill  iiicreasin;Lt  the  total  iiuiiibei' of  seals  and  addinj;' <'orrespondinjily  and 
huji'ely  to  the  \alue  of  thi'  lishei  i(  s.  In  the  ccairse  of  a  few  yeais  of 
intelli}i'ent  and  interestinji'  experiment  the  number  that  could  be  safely 
slauf'htered  was  tixed  at  lOd.dltO  annually.  The  Company  to  which  the 
administration  of  the  lisheries  was  intrusted  by  a  lease  from  this  (iov- 
ernment  has  paid  a  rental  of  s."»(».()(H»  pei'  annum,  and  in  addition  thei'cto 
!?2.<»UA  per  skin  for  the  total  iiiimber  taken.  The  skins  were  regularly 
transported  to  Lombui  to  be  dressed  and  prepared  for  the  markets  of 
the  world,  and  the  business  had  j^iown  so  larfje  that  the  earnin<>s  of 
Enjilish  laborers,  since  Alaska  was  tiansferred  to  the  United  States, 
amount  in  tlu'  a;;s;rejiate  to  more  than  sl2,0(»0,(K>0. 

The  entire  business  was  then  conducted  peacefully,  lawfully,  ami 
lU'oHtably — i»roHtably  to  the  Tiiited  States  for  the  rental  was  yi«'ldiii>;' 
a  moderate  interest  on  the  lariic  sum  which  this  (io\-ernnu'nt  had  jtaiil 
for  Alaska,  iiicludiii{;  therijihts  now  at  issue;  prolitably  to  tlu'  Alaskan 
Comi>any,  which,  under  ,ii-overiinienfnl  direction  and  restri<'tion,  ha<l 
fi'iven  unwearied  i)ains  to  the  <'are  and  develoiunent  of  the  tisheri«'s; 
]>rolitably  to  the  Aleuts,  who  were  receivinji'  a  fair  pecuniary  reward 
tor  their  lab(U's,  and  were  elevated  irom  semisavajicry  to  civilization 
and  to  the  enjoynu'ut  of  schools  and  churches  ]U{>vided  for  their  benefit 
by  the  (lovernment  of  the  I'liited  States;  and,  last  of  all,  i)rotitably  to 
a  larfi'e  body  of  Enjilish  laborers  who  had  constant  emphiyment  and  re- 
ceived jyood  wajnes. 

This,  in  brief,  was  the  cfmditicm  of  the  Alaska  fur-seal  fisheries  down 
to  the  year  1<S8(5.     The  precedents,  customs,  and  rijihts  had  been  estab- 
lished and  enjoyed,  either  by  Kussia  or  the  United  States,  for  uearly  a 
26 


h 


!?' 


n 


if'., 


202 


DIPLOMATIC    CORRESPONDENCE. 


century.  The  two  iiistioiis  were  tlie  only  i)o\vers  that  owned  a  fo(tt  of 
haul  on  th«'  eoiitiiM'uts  that  bordered,  or  on  tlie  ishuids  included  within, 
the  Behrinji'  waters  where  tiie  seals  r«'sort  to  breed.  Into  this  i»eacel'ul 
and  secluded  li«'ld  oiIabi)r,  wlios*^  benelits  were  so  equitably  shaK'd  by 
the  native  Aleuts  of  tlie  IMibilof  Islands,  by  the  Tnited  States,  aiid 
by  En};land,  ei'rt:iin  (3a;iadian  vessels  in  IS.SG  asserted  their  right  to 
enter,  and  by  their  ruthless  C!>uvse  to  destroy  the  tislMUM«\s  and  with 
theuj  to  <lestroy  also  the  resnlting  industries  which  are  so  valuable! 
The  (rovernnient  of  the  Tnited  States  at  once  proceedeii  to  check  this 
movement,  which,  unchecked,  was  sure  to  <h>  great  and  irreparable 
harm. 

It  was  <'anse  of  unfeigned  surprise  to  the  United  States  that  Her 
Majesty's  (Jovernment  should  imiuediatelj' interfere  to  defend  and  en- 
courage (surely  to  encourage  by  defending)  the  <*(mrse  of  the  Canadians 
in  disturbing  an  industiy  which  had  been  carefully  developed  for  more 
than  ninety  years  under  the  thigs  of  Hussia  and  the  United  States — de- 
veloped in  such  a  manner  as  not  to  interfere  with  the  ]mblic  rights  or 
the  private  industries  of  any  other  people  or  any  other  person. 

Whence  did  the  ships  of  Canada  derive  the  right  to  do  in  1880  tliat 
which  they  had  refrained  from  doing  for  more  than  ninety  years? 
Upon  what  gnmnds  did  her  Majesty's  (Jovernment  defend  in  the  year 
188(>  a  c<mrse  of  conduct  in  the  Behring  Sea  which  she  had  carefully 
avoided  ever  since  the  dir-covery  of  that  sea?  By  what  reasoning  did 
Her  INIa.jesty's  (lovernment  conclude  that  an  act  may  be  connnitted 
with  impunity  against  the  rights  of  the  United  States  which  had  never 
been  attem[»ted  against  the  same  rights  when  held  by  the  liussinn 
Empire  ? 

So  great  has  been  the  injury  to  the  fisheries  from  the  irregular  and 
destructive  slaughter  of  seals  in  the  open  waters  of  tin;  Behring  Sea  by 
Canadian  vessels,  that  whereas  the  (Jovernment  had  allowed  10(»,(1()0 
to  be  taken  annually  foi' a  series  of  years,  it  is  nowc(uni)elled  to  reduce 
the  number  to  <»<),(>()(>.  If  four  years  of  this  vi<dation  of  natural  law 
and  neighbor's  rights  has  reduced  the  annual  slaughter  o''  >=eal  by  40 
])er  cent,  it  is  easy  to  see  how  shcut  a  period  will  be  re(|uired  to  work 
the  total  destruction  of  tin*  lisheries. 

The  ground  upon  which  Her  MaJesty'sGovernnunit  Justifies,  ov  at  least 
defends  the  course  of  the  Caiuulian  vessels,  rests  upon  the  fact  that 
they  are  committing  their  acts  of  destruction  cm  the  high  seas,  viz, 
mcu-e  tha  i  .">  mariiu-  miles  fr<»m  the  shore  line.  It  is  doubtlul  whether 
Her  Majesty's  (Jovernment  would  abide  by  this  rule  if  theattempt  were 
made  to  interfere  wirii  the  pearl  tisheries  of  Ceylon,  which  extend  more 
than  20  nnles  from  the  shore  liiu'  and  have  been  enjoyed  by  England 
without  molestation  ever  since  their  ac([uisition.  So  well  recognizt'd 
is  the  British  ownershi|»of  those  fisheries,  regardless  of  the  linut  of  the 
three-mile  line,  that  Iler  Majesty's  (Jovernment  feels  authorized  to  sell 
the  pearl  fishing  right  from  year  to  year  to  the  highest  bidder.  Nor  is  it 
credible  that  modes  of  fishing  on  the  Grand  Banks,  altogether  prac- 
ticable but  highly  destructive,  would  bejustified  or  even  pennitted  by 
(Jreat  Britain  on  the  i»lea  that  the  vicicms  a<'ts  were  committed  more 
than  .'i  miles  from  shore. 

Tlu're  are,  accoiding  to  scientific  authority,  "great  colonies  offish"  on 
the  "Xi'wfoundland  baidcs."  These  colonies  resemble  the  seats  of  great 
populations  on  land.  They  remain  stationary,  having  a  limited  range 
of  water  in  which  to  live  and  die.  In  these  great  "colonies"  it  is,  ac- 
cording to  expert  Judgim'nt.com|»arativc1y  easy  to  explod(>  dynannte  or 
giant  pmvder  in  such  nninner  as  to  kill  vast  quantities  of  fish,  and  at 
the  same  ume  destniy  countless  uundjcrs  of  egg.s.    Stringent  laws  have 


SEIZURES   OF    1889. 


203 


been  necessary  to  im'vent  the  tiikinji'  (»f'  fisli  by  the  nso  of  dynamite  in 
many  of  tlie  iiv«'is  and  lakes  of  tlie  United  States.  The  siime  mode 
of  tishinji'  eonld  leadily  be  adojjted  \vitli  efleet  on  the  more  sliallow 
])arts  of  the  banks,  but  thedestrnetion  of  tish  in  ])ro])oition  to  the  catch, 
says  a  hig'i  authority,  miglit  be  as  jiieat  as  ten  tliousand  to  (»ne. 
AVouhl  Her  .\Ia.jesty's  Government  think  tliat  so  wicked  an  act  conhl 
not  be  ]»reventcd  and  its  jterpetrators  punished  simply  because  it  had 
been  connnitted  outside  of  the  3-niile  line? 

Why  are  not  the  two  cases  parallel  ?  The  Canadian  vessels  are  en- 
{i'ajied  in  the  takin;^'  of  fur  seal  in  a  manner  that  destroys  the  i)o\ver 
of  re]»roduction  and  insures  the  extermination  of  the  species.  In  exter- 
minatinj;-  the  sjK'cies  an  article  useful  to  mankin<l  is  totally  destroyed 
in  order  that  temporary  and  immoral  ^i'ain  nniy  be  acquired  by  a  few 
jicrsoas.  I>y  the  employment  of  dynamite  on  the  hanks  it  is  not  jnob- 
able  that  the  total  destruction  of  lish  ccmld  be  accomi)lished.  but  a  se- 
rious diminution  of  a  valuable  food  for  man  mij>ht  assuredly  result. 
J)oes  Her  IN^ajesty's  CJovernment  seriously  maintain  that  tiie  law  of  na- 
tions is  powerless  to  in'<'vent  such  violation  of  the  conunon  rij^hts  of 
man?  Are  the  sui>i)orters  of  Justice  in  all  nations  to  be  declared  in- 
('ompeti'iit  to  prevent  wronjjs  so  odious  and  so  destructive? 

In  the  judj>'ment  of  this  (lovernment  the  law  of  the  sea  is  not  law- 
lessiH'ss.  Nor  can  the  law  of  the  sea  and  the  liberty  which  it  confers 
and  which  it  protects  be  perverted  to  justify  acts  which  are  immoral 
in  themselves,  which  inevitably  tend  to  results  aj^ainst  the  interests 
and  ajiiiinst  the  welfare  of  lUi.nkind.  One  step  beyond  that  which  Her 
]MaJesty's  (lovernment  bas  laken  in  this  contention,  an<l  piracy  tinds 
its  Justitication.  The  rresident  does  not  conceive  it  [xtssible  that 
Her  Majesty's  (lOvernment  could  in  fact  be  less  indilTerent  to  these  evil 
results  than  is  the  Government  of  the  United  States.  Unt  he  hopes 
that  Her  Majesty's  Government  will,  after  this  frank  exi)ression  of 
view:,,  more  readily  com])rehend  the  position  of  the  (lovernment  of  the 
TTuitetl  States  touching  this  serious  (pu'stion.  This  Goverinnent  has 
been  ready  to  concede  much  in  order  to  adjust  all  diHerences  oi'  view, 
and  has,  in  the  judgment  of  the  President,  already  ju-oposed  a  solu- 
tion not  only  ecpiitable  but  generous.  Thus  far  Her  Majesty's  Govern- 
ment has  declined  to  accept  the  proposal  of  the  United  States.  The 
President  now  awaits  with  deej)  interest,  not  inimixed  with  solicitude, 
any  i)io]»ositiou  for  reasonable  adjustment  which  Her  ^Majesty's  Gov- 
ern/nent  may  subniit.  The  forcible  resistance  to  which  this  Govern- 
ment is  ('(mstiained  in  the  Behring  Sea  is,  in  the  President's  jmlgment. 
dennmded  not  only  by  the  necessity  of  defending  the  traditiomil  and 
long-established  rights  of  the  Uniifed  States,  but  also  the  rights  of 
good  government  and  of  good  nn»rals  the  world  over. 

In  tliis  contention  the  Government  of  the  l.'nited  States  has  no  oc- 
casion and  net  desire  to  withdraw  or  modify  the  ))ositions  which  it  has 
at  any  time  maintained  against  the  claims  of  the  Imperial  Government 
ofPussia.  The  I'nited  States  will  not  withh(»ld  from  any  nation  the 
privileges  which  it  denuinded  for  itself  when  Alaska  was  jiart  of  the 
liussian  l"'mpire.  Nor  is  theGovernnu'nt  of  the  United  States  disjjosed 
to  exercise  in  those  possessions  any  less  jtoweror  authority  than  it  was 
willing  l(»  concede  to  the  Imperial  Goverinnent  of  IJussia  when  its 
sovereignty  c.\t<'nded  over  them.  The  President  is  persuaded  that  all 
friendly  nations  will  coin'ede  to  the  I'liited  States  the  same  rights  and 
ju-ivileges  on  the  lands  and  in  the  waters  of  Alaska  which  the  same 
friendly  nations  always  conceded  to  the  Empire  of  Hussia. 
T  have,  etc., 

James  G.  Blaine. 


khi 


,'fi  j 


I    ■  n 


I 


d 


204 


DIPLOMATIC   CORKKSPONDEXCE. 


CORRESPONDENCE     RELATIVE    TO    PROPOSED     INTERNATIONAL 
MEASURES  FOR  THE  PROTECTION  OF  FUR-SEALS— (Co/i/iHwerf.) 

ISif  Julian  Pannccfotc  to  Mr.  /ihtinc. 

Wasiiinuton,  FchriKirtf  10,  1890. 
Sii{:  TFcr  ^Iaj<'st,v''s  Govonmiout  liiivc  had  for  soiiiotiiiK'  under  their 
(•<)iisi«h'rati(»ii  tlie  siij^'jicstiou  made  in  the  conrsc  of  our  interviews  on 
tlie  <iiicsti(»n  of  the  seal  lisheriesin  liehriiij^'s  Sea,  that  it  niijihtexju-dite 
a  settU  incnt  oi"  tiie  controversy  if  tiie  tripartite  ne<;dtiation  respecting 
tlie  establishment  of  a  close  time  foi'  those  tislieries  which  was  com- 
menced in  Lonihm  in  1SS8,  lint  wassns]»ended  owiny  to  various  causes, 
shduhl  be  resumed  in  Wasliinj>ton. 

I  now  liaA'*'  the  honor  to  inform  y(>u  that  Her  iNFaJesty's  (Jovernment 
are  willinji  to  adoi)t  this  sugjuestion.  and  if  ajureeable  to  your  Goveru- 
inent  will  take  steps  conciirrently  with  them  to  invite  the  ])artieii>atiou 
of  Itussia  in  the  renewed  iieyotiatious. 
1  have,  etc., 

Julian  Pauncefote. 


Mr.  Blaine  to  iSir  Julian  Faunre/ote. 

J)j;pAi{TMENT  OF  State, 
W'asliiiH/ton.  March  7,  1890. 

]\IvDeat?  Sir  Juliain':  I  liave  extracted  fronioflicial  <locumentsaiid 
appended  hereto  a  larji'e  mass  of  evidence,  given  under  oath  by  profes- 
sional experts  and  ollieers  of  the  I'nited  States,  taiching  the  subject 
upon  which  you  desired  further  inoof.  namely,  that  the  killingof  seals 
in  the  (jpen  sea  tends  certainly  and  iiii)idly  to  tlu'  extermination  of  the 
species,  if  fuither  evidence  is  desired,  it  can  be  readil\  innished. 
1  have,  etc., 

James  G.  Blaine. 

(For  inclosures  see  IFouse  Ex.  Doc.  No.  4.j(>,  I^'ifty-llrst  Congress,  first 
session,  pp.  15-25.) 


Sir.  Julian  Pauncefote  to  Mr.  Blaine. 

"vrAsiTiXGTON,  ApriJ  — ,  isno.  (h'eceived  April  30.) 
Beab  Mt;.  Blaine:  At  the  last  .sittiu};?  of  the  Conference  on  the 
Behring  Sea  I'Msheries  question,  you  expressed  doubts,  after  readingthe 
memorandum  of  the  Canadian  Minister  of  Marine  and  Fisheries,  which 
by  y(mr  courtesy  has  since  been  printed,  whether  any  arrangemeut 
could  be  arrived  at  that  would  be  satisfactory  to  Canada. 

jTou  observed  that  the  proposals  of  the  Cnited  States  had  now  been 
two  years  before  Her  Majesty's  Go\einmeMt.  that  there  was  nothing 
further  to  urge  in  sni>port  of  it;  and  you  invited  me  to  nndiea  counter 
l>roposal  on  their  behalf.  To  that  ta.^k  1  have  most  earnestly  applied 
myself,  and  while  fully  sensible  of  its  gieat  diflicnlty,  owing  to  the  con- 
flict of  oitinion  and  of  testimony  which  has  nianiiesfed  itself  in  the 
course  of  our  discussions,  1  do  not  despairof  arri\in}j  at  a  solution  which 


PROPOSED    INTERXATIONAL    MEASURES,  1890. 


205 


will  be  siitisfuctovy  to  all  the  (Tovevniiu'iits  concerned.  It  has  been  ad? 
mitted,  from  the  coiiimeiiceiuent,  that  tho  sole  object  of  the  negotiation 
is  tlie  inescrvatioii  of  tli«'  fur  seal  specdes  for  tile  benefit  of  mankind, 
and  that  no  considerations  of  advantage  to  any  pai'ticular  nation,  or  of 
benefit  to  any  i)rivate  interest,  should  enter  into  the  question. 

Such  being  the  basis  of  ne<>(»tiation,  it  would  bestranj;«'indeedif  we 
."•hould  fail  to  devise  the  means  of  solvinji'  the  difliculties  which  have 
nnfortunately  arisen.  1  will  proceed  to  explain  by  wiiat  method  this 
result  can,  in  my  judjinient,  be  attained.  The  ^reat  divergence  of  views 
which  exists  as  to  whether  any  restrictions  on  pelagic  sealing  are  neces- 
sary for  the  preservation  of  the  fur-seal  sjiecies,  and  if  s«>,  as  to  the  char- 
acter and  extent  of  s»ich  restrictions,  renders  it  imi»ossible  in  my  opinion 
to  arrive  at  any  solution  which  would  satisfy  public  opiniim  either  in 
Canada  or  Great  IJritaiii,  or  in  any  country  which  may  be  invite«l  to 
accede  to  the  projMJsed  arrangement,  with<mt  a  full  inipiiry  by  a  mixed 
<'omniission  of  expi'rts,  the  result  of  whose  labors  and  investigations, 
in  the  regionof  the  seal  fishery,  wouldpx'obably  dispose  of  all  thep()ints 
in  dispute. 

As  regards  die  immediate  necessities  of  the  case  I  am  i»repared  to 
reconnnend  tomydovernment  for  their  ap])roval  and  aci-eptance  ceitain 
measun^sof  in-ecaution  which  nnght  be  aclopted  ]uovisionally  and  with- 
out i>rejudice  to  the  ultimate  decision  on  the  points  to  be  investigated 
l)y  the  commission.  Those  nieasures,  which  I  will  explain  later  on, 
would  effectually  remove  all  reasonable  apju'ehension  of  any  depletion 
of  the  fur-seal  species,  at  all  events,  pending  the  report  of  the  commis- 
sion. 

It  is  imi)ortant,  in  this  relation,  to  note  that  while  it  has  been  con- 
tended on  the  part  of  the  rnited  States  Government  th;ii  the  deph'tion 
of  the  fur-seal  species  has  a!rea<ly  commenced,  and  that  even  the  exter- 
mination of  the  species  is  threatened  within  a  measurable  spac»'of  tinu', 
the  latest  re])orts  of  the  linited  States  agent,  Mr.  Tingle,  are  such  as 
to  dissipate  all  sin;h  alarms. 

Mr.  Tingle,  in  18.S7,  repoi'ted  that  the  vast  number  of  seals  was  on  the 
increjise,  and  that  the  condition  of  all  the  rookeries  could  not  be  better. 

In  his  later  report,  dated  July  31,  1888,  he  '.rote  as  tbllows: 

I  iiiii  happy  t(»  be  able  torejiort  tliat,  altlionfjli  lati  liiixliii^,  the  lireodiu;;  rookeries 
an-  tllli^d  out  to  tho  lines  of  in<>aHiireiiu'nt  henttot'ore  made,  and  Home  of  tliem  nnich 
beyond  those  lines,  showin^j  conelnsively  that  weal  life  is  not  beinj;  depleted,  btit  is 
fullv  up  to  the  estimate  j>iven  in  my  report  of  1887. 

Mr.  Elliot,  who  is  freciuently  ai)iiealed  to  as  a  great  authority  on  the 
subject,  affirms  that,  such  is  the  natural  increase  of  the  fur-seal  species 
that  these  animals,  were  they  not  ])reyed  upon  by  killer  whales  {Orea 
l/linliator),  sharks,  and  other  submarine  foes,  would  multiply  to  such 
an  extent  that  "  liehring  Sea  itself  could  not  contain  them." 

The  Honorable  Mr.  Tapper  has  shown  in  his  menuuandum  that  the 
destruction  of  seals  caused  by  jielagi*'  sealing  is  insignificant  in  com- 
l)arison  with  that  caused  by  their  natural  enemies,  and  gives  figures 
exhibiting  the  nuirvelous  increase  of  seals  in  spite  of  the  dei)redations 
complained  of 

Again  the  destructive  nature  of  the  modes  of  killing  seals  by  spears 
and  fireaims  has  ai)i)arently  been  gn'atly  exaggerate<l  as  may  be  seen 
from  the  afiidavits  of  practical  seal  hunters  which  I  annex  to  this  h't- 
ter,  together  with  a  confirmatory  extract  from  a  paper  upon  the  "Fur- 
Seal  Fisiieries  of  the  Pacific  ('(»ast  and  Alaska,"  pn'parcd  and  i>id»- 
lished  in  San  l"'ian«isco  and  designed  for  the  information  of  Eastern 
United  States  Senators  an<l  Congressmen. 


m 


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(I       I      ^ 


20G 


DIPLOMATIC   CORRKSPONDENCE. 


-  The  Caniidiiin.  (JoATrimu'iit  i'stininte  tlie  jM'ici'iitagv  of  seals  so 
wounded  or  killed  and  not  recovered  at  (»  per  4*ent. 

In  view  of  the  facts  alutve  stated,  it  is  iniprobable  that  pendinji'  llie 
result  of  the  inquiry,  which  I  have  sufiyested,  any  appreciable  diminu- 
tion of  the  fur-seal  sp«'cies  shouhl  take  place,  even  if  the  existinj;'  con- 
ditions of  pelagic  s«'aling  were  to  remain  unchanged. 

But  in  order  to  (piiet  all  a])]>rehension  on  that  score,  T  would  pi'opose 
the  following  provisional  regulations. 

1.  That  i)elagic  sealing  should  be  prohibited  in  the  Uehring  Sea,  the 
Sea  of  Okhotsk,  and  the  adjoining  waters,  during  the  nu)ntha  of  May 
and  June,  and  during  the  months  of  October,  November,  and  Decem- 
ber, which  may  be  termed  the  "migration  periods"  of  tiie  fur  seal. 

2.  That  all  seallDg  v«'ssels  should  be  ju-ohibited  fnun  ai)])roaching 
the  breeding  islands  within  a  radius  of  10  miles. 

These  regulations  would  i)ut  a  stoj)  to  the  two  practices  complained 
of  as  tending  to  externiinate  the  sjiecies ;  tirstly,  the  slaughter  of  female 
seals  with  young  during  the  migration  periods,  es|»ecially  in  the  narrow 
])asses  ()f  the  Aleutian  Islands;  secondly, the  destruction  of  feniRle  seals 
by  niarauders  surreptitiously  landing  on  the  breeding  islands  under 
cover  of  the  dense  fogs  which  almost  continuously  jtrevail  in  that  local- 
ity during  the  summer. 

Mr.  Taylor,  another  agent  of  the  Uniti'd  States  Government  ass(uts 
that  the  female  seals  (called  cows)  go  out  from  the  breeding  islan<ls 
every  day  for  food.    The  following  is  an  extract  from  his  evidence: 

Tlie  cows  jfo  10  innl  lit  inilcs.  iiiid  (^vell  farther.  I  do  not  kuow  the  averiijjc  of  it — 
and  they  arc  goinj;-  and  coniinji  all  the  niorninji'  and  cvcninft'.  The  sea  is  black  with 
them  ronnd  alxtut  the  islands.  If  there  is  a  Httle  fo»'  and  thoy  fi'et  out  half  a  mile 
from  shore  we  can  not  see  a  vessel  100  yards  even.  The  vessels  themselves  lay  around 
the  islands  there  where  they  \tU'k  up  a  good  many  seal,  and  there  is  where  the  killing 
of  cows  occurs  when  they  go  ashoie. 

Whether  the  female  seals  go  any  distance  from  the  islands  in  quest 
of  f<K)d,  ami  if  so,  to  what  distance,  are  «iuesti(uis  in  dispute,  but  jtend- 
ing  their  solution  the  regulation  which  I  proixKs*'  against  the  ap|»ioa(!h 
of  sealing  vessels  within  10  miles  of  the  islands  tor  the  prevention  of 
surreptitious  lainling  practically  meets  Mr.  Taylor's  complaint,  be  it 
well  fimnded  or  not,  to  the  fullest  extent;  for,  owing  to  the  prevalence 
of  fogs,  the  risk  of  capture  within  a  radius  of  10  miles  will  keep  vessels 
ott'at  a  much  greater  distance. 

This  regulation  if  accei)ted  by  TFer  Majesty's  Government  would 
certalidy  manifest  a  friendly  desire  on  their  i»art  to  coiiperate  with 
your  Government  and  that  of  Russia  in  the  protection  of  their  rook- 
eries and  in  the  i>revention  of  any  violation  of  the  laws  applicable 
thereto.  I  have  the  honor  to  inclose  a  draft  of  a  ])reliminary  conven- 
tion which  I  have  prepared,  i)roviding  for  the  ai)i>ointment  of  a  mixed- 
commission  who  are  to  report  on  (!ertain  s[>ecitied  (piestions  within  two 
years. 

The  draft  embodies  the  temporary  regulations  above  described  to- 
gether with  (►ther  clauses  which  appear  to  me  necessary  to  give  proper 
effe(  t  to  them. 

Although  I  believe  tluit  it  would  be  suflKijient  during  the  "migration 
periods"  to  prevent  all  sealing  within  a  speciH«'d  distance  from  the 
])asses  of  the  Aleutuni  Islands  I  hav«'  out  of  a  deference  to  your  views 
and  to  the  wishes  of  the  Russian  Minister,  adoi)ted  the  fishery  liiu^  de 
scribed  in  Article  V,  and  which  was  suggested  by  yon  at  the  outset  of 
out  negotiation.  The  draft,  of  course,  contemplates  the  coni'ln.'-ion  of 
a  further  convention  after  full  examination  of  the  report  of  the  mixed 


Ti 


PROPOSED    INTKUNATIONAL    :VIEASURKS,  18(10. 


207 


coininission.  It  also  iuak«'s  provision  i'ov  the  nltiiiiiite  st'ttleiin'iit  by 
arbitration  of  any  ditteriMMM's  which  the  r('i>ort  of  th(^  coniinission  may 
still  fail  to  adjust,  wiicrcby  the  iin])(»rtaiit  eh'uiont  of  finality  is  secured, 
and  in  order  to  .nive  to  tiie  i>roj)osed  arninji'enient  the  \vid«'st  interna- 
tional basis,  the  draft  i>rovides  that  the  other  i)o\vers  shall  be  invited 
to  a<'cede  to  it. 

The  above  proposals  are,  of  course,  subniitted  ad  rt'frrctuhim,  and  it 
only  iu)\v  remains  for  nie  to  commend  them  to  your  favorable  considt'r- 
ation  and  to  that  of  the  Russian  Minister.  Tliey  have  been  framed  by 
nu'  in  a  sjurit  of  Justice  an<l  conciliation,  ami  witli  the  most  earnest  de- 
sire to  terminate  the  controversey  in  .a  manner  honorable  to  all  parties 
and  worthy  of  the  three  great  nations  concerned. 
I  have,  etc., 

Julian  Pauncefote. 

(For  inclosures  sec  House  Ex.  Doc.  ^o.  450,  pp.  54-(i0.) 


ii' 


The  Marquis  of  Salinhnry  to  Sir  Julian  rauncefote, 

[Left  at  tlio  Dcpiirtiiiontof  State  on  .Tune  5  by  Sir  .1  iilian  I'aiincefote.] 

No.  100.]  FoKKiGN  (JFriCE,  May  3Q,  1800. 

Sir  :  I  received  in  due  course  your  dispatch  No.  0,  of  tlu?  23d  Jiinuary, 
inclosing  co]>y  of  Mr.  Blaine's  note  of  the  L'L'd  of  that  month,  in  answer 
to  the  protest  made  on  behalf  of  Her  Majesty's  Government  on  the 
12th  October  last,  against  the  seizure  of  Canadian  vessels  by  the  United 
States  revenue-cutter  linsh  in  IJehring  Sea. 

The  importance  of  the  subject  necessitsited  a  relerence  to  the  Gov- 
ernment of  Canada,  whose  reply  has  only  recently  reached  Her  Maj- 
esty's (lovernnient.  The  negotiations  which  have  taken  place  between 
JMr.  Blaine  and  ytmrself  afford  strong  reason  to  hope  that  the  difficul- 
ties attending  this  question  are  in  a  fair  way  towards  an  adjustment 
which  will  be  satisfactory  to  both  Governments.  1  think  it  right,  how- 
ever, to  itlace  on  rccoid,  as  briefly  as  jxissible,  the  views  of  ller  MaJ- 
estv's  Government  on  the  princijtal  arguments  brought  forward  on  be 
half  of  the  United  States. 

Mr.  niaine's  note  <lefends  the  acts  com]ilained  of  by  Her  Majesty's 
G(tvi'rnment  on  the  following  grounds: 

1.  That  "  the  Cana<'i;ni  vessels  arrested  and  detained  in  the  IJehring 
Sea  were  engaged  in  a  puisuit  that  is  in  itself  ro«/rf(  houos  mores — a 
l)ursuit  which  of  necessity  involves  a  serious  ai  d  pernuuient  injury  to 
tl  e  rights  of  the  Government  and  ix'ojde  of  the  ('nitcd  States.'' 

2.  That  the  fisheries  had  been  in  the  undisturbed  possession  an<l 
under  the  exclusive  control  of  Russia  from  their  discoveiy  until  tlu' ces- 
sion of  Alaska  to  the  I'nited  States  in  ].S(>7,  and  that  fiom  this  date 
(Miwards  until  liSSO  they  had  also  remained  in  the  undisturbed  posses- 
sion of  the  United  States  Government. 


li.  That  it  is  a  fiict  now  held  beyond  denial  or  doubt  that  the  tak 


HI! 


of  seals  in  the  open  sea  rai>idly  leads  to  the  extinction  of  the  species, 
and  that  theiefore  nations  not  possessing  the  territory  uj)on  which  seals 
can  increase  their  numbers  by  initural  growth  slumld  refrani  from  the 
slaughter  ()f  them  in  the  open  sea. 
Mr.  Blaine  further  argues  that  the  law  of  the  sea  and  the  liberty 


n 


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I  ;' 


n^  i 


ii    Hi 


i 


i  j 

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1 

1 

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1 

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1 

i 

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1 

d 

208 


DIPLOMATIC    CORRKSrONDENCE. 


wliicli  it<*onfi'rs(l(>n()t  Justify  acts  wliicli  are  iiniiKiral  in  flu'uisj'lvi's,  ami 
wiiit'li  inevitably  tend  to  results  ai-ainst  the  interests  and  ayainst  the 
welfare  of  mankind;  and  he  jnoeeeds  to  Jiistity  tiie  forcilde  resistautt? 
of  the  United  States  (iovernnu'ut  by  the  neeessity  of  defendinj>  not  only 
their  own  traditional  and  long-established  rights,  but  also  the  rights  of 
godd  uKU'als  and  of  good  government  the  world  over. 

He  dei'lares  that  while  the  United  States  will  not  withhold  fioni  any 
nation  the  lu-ivilegeswhich  they  <lenianded  for  themselves,  when  Alaska 
was  pirt  of  the  liussian  Kin]>ir«',  the/  are  not  disposed  to  exercise  in 
the  possessions  acquired  from  IJussia  any  less  i»o\ver  or  authority  than 
they  were  willing  to  concede  to  the  liniperial  Government  of  Jiussia 
when  its  sovereignty  extended  over  them.  He  claims  from  friendly 
nations  a  recognition  of  the  same  rights  and  privileges  on  the  lands  and 
in  the  waters  <)f  Alaska  which  the  sam«'  friendly  nations  always  <;on- 
Ci'dod  to  the  Empire  of  Russia. 

With  regard  to  the  first  of  these  arguments,  namely,  that  the  seizure 
of  the  Canadian  vessels  in  the  IJehring's  8ca  was  justilied  by  the  lact 
that  they  were  "engaged  in  a  pursuitthat  is  in  itself  cm»/*7(  Iwhos  iinurs — 
a  ]mrsuit  which  of  necessity  involves  a  serious  and  ]>ermanent  injury  to 
the  lights  of  the  Government  and  ijeople  of  the  United  States,"  it  is 
obvious  that  two  questions  are  involved :  first,  whether  the  jnirsuit  and 
killing  of  fur  seals  in  certain  j)art8  of  the  open  sea  is,  from  the  point  (►f 
view  of  international  morality,  an  otfcnse  contra  honoti  moirs;  and  sec- 
ondly, whether,  if  such  be  the  case,  this  fact  justilies  the  seizure  on  the 
high  seas  and  subsequent  confiscation  in  time  of  peace  of  the  private 
vessels  of  a  friendly  nation. 

It  is  an  axiom  of  international  maritime  law  that  such  action  is  only 
admissible  in  the  case  of  piracy  or  in  pursuance  of  s])ecial  internatit)nal 
agreement.  This  principle  has  been  universally  admitted  by  Jurists, 
and  was  very  distinctly  laid  down  by  President  Tvler  in  his  special 
message  to  Congress^  dated  the  27th  February,  1in43,  when,  after  ac- 
knowledging the  right  to  detain  and  search  a  vessel  on  susi>icion  of 
piracy,  he  goes  on  to  say:  "With  this  single  exception,  no  nation  has, 
in  time  of  peace,  any  authority  to  d«'tain  the  ships  of  another  upon  the 
high  seas,  cm  any  pretext  whatever,  outside  the  territorial  jurisdiction." 

Now,  the  pursuit  of  seals  in  the  ojten  sea,  under  whatever  cin-um- 
Htances,  has  never  hitherto  been  considered  as  piracy  by  any  civilized 
state.  Nor,  even  if  the  United  States  luul  gone  so  far  as  to  make  the 
killing  of  fur  seals  piracy  by  their  municipal  law,  would  this  have 
Justilied  them  in  ininishing  offenses  against  such  law  committed  by  any 
pers(ms  other  than  their  own  citizens  outside  the  territorial  jurisdiction 
of  the  United  States. 

In  the  case  of  the  shave  trade,  a  practice  which  the  civilized  world 
has  agreed  to  look  upon  with  abhorrence,  the  right  of  arresting  the 
vessels  of  another  country  is  exercised  only  by  special  international 
agreement,  and  no  one  government  has  been  aUowed  that  general  con- 
tr(d  of  morals  in  this  respect  which  Mr.  Blaine  claims  on  behalf  of  the 
United  States  in  regard  to  seal-hunting. 

But  Her  Majesty's  Government  must  questicm  whether  this  pursuit 
can  of  itself  be  regarded  as  contra  bonos  mores,  unless  and  until,  for 
special  reasons,  it  has  been  agreed  by  international  arrangement  to  for- 
bid it.  Fur  seals  are  indisputably  animalsy'crrt'  natura\  and  these  have 
universally  been  regarded  by  jurists  as  res  tndiitis  until  they  are  caught; 
no  person,  therefore,  can  liav*'  property  in  them  until  he  has  actually 
reduced  them  int«)  possessitm  by  capture. 

It  requires  something  more  than  a  mere  declaration  that  the  Govern- 


tit 


PROPOSED    IN'riORNATlOXAL    MIOASUUES,   1890. 


201) 


iiUMitorcitizi'iis  of  llu'  Tnitrd  States,  ovevoii  otlicrrouiitiics  int<'i«'sti'(l 
ill  thv  seal  trade,  an'  losers  by  a  <'ei'taiii  course  ol"  proceeding',  to  render 
that  coiii'se  an  iainioral  one. 

Her  Majesty's  (lovernnient  would  deeply  re<;rct  tliat  the  juirsuit  of 
fur  seals  on  the  hi;ih  seas  by  liritish  vessels  should  involve  even  the 
slij>htest  injury  to  the  ]>eople  of  the  United  States.  If  the  case  l>o 
l>roved.  tln-y  wiM  l)e  I'cady  to  consider  what  measures  v.xu  be  proj>erly 
taken  for  the  remedy  of  such  iujury,  but  tln'y  would  be  unable  on  that 
yrcMind  to  deitart  from  a  principle  on  which  free  commerce  on  the  hijjfh 
seas  dei)ends. 

The  second  arf^iiment  advanced  by  .Mr.  Blaine  is  that  the  "fur-seal 
fisheries  of  llehrinj;'  S<'a  had  be«'u  exclusively  controlled  by  tin-  ( Jovern- 
inent  of  Russia,  without  inteiference  and  without  (|u«>stion,  from  their 
original  discovery  until  tln^  cession  of  Alaska  to  the  United  States  in 
18(17,''  and  that  "from  I.S(m  to  1SS(5  the  i>ossessi<ni,  in  which  Russia  had 
been  un<listurbed,  was  enjoyed  by  the  I'nit^'d  States  CJovernment  also 
without  interruption  or  intrusion  from  any  source." 

I  will  deal  with  tln'se  two  periods  separately. 

Mrst,  as  to  the  allejicd  exclusive  monopoly  of  Ivussia.  After  Russia, 
at  the  instanet' of  the  Russian  American  Fur  Company, claimed  in  l.Si'l 
the  pursuits  of  «M>nnnerce,  whaling,  and  lishiiift'  from  JJeriug  Straits  to 
the  II fty-Iirst  degree  of  north  latitude, and  not  only  prohibited  all  foieign 
vessels  from  landing  on  the  coasts  and  islands  of  the  above  waters,  but 
also  [)revent«'d  them  from  ai>proaching  within  100  miles  thereof,  .Mr. 
(i,)uincy  Adams  wrote  as  follows  t<)  the  United  States  Minister  in  Rus- 
sia: 

Tlic  IJiiitffl  Stiiti's  can  iiilniit  no  )iiot  of  tln'sc  cliiinis;  tlu-iv  lijjlit  of  niiviy;ati<>n 
iind  lisliiiii;  is  porl'oct,  anil  lias  lii-i-n  in  constant  cxiTcisi',  from  the  earliest  times 
tliron;;ii(>nt  tile  wiiolc  (!Xt(!nt  of  tlie  Sontliern  Oeeau,  .snliject  (tiily  to  the  ordinary 
»'xee|ilioiis  and  cxelnsions  of  tlie  territorial  Jiirisdictionn. 

That  the  right  of  Hshing  thus  asserted  included  the  right  of  killii>g 
fur-bearing  animals  is  shown  by  the  case  of  the  United  States  brig 
Loriot.  Tliat  vessel  proceeded  to  the  waters  over  which  Russia  claime«l 
excbisive.jurisdi(!tion  for  tin;  jmrpose  of  hunting  the  sea  otter,  the  kill- 
ing of  which  is  now  prohibited  by  the  United  States  statutes  apjdicable 
to  the  fur  seal,  and  was  forced  to  abandon  her  voyage  and  leave  the 
waters  in  ((uestion  by  an  armed  vessel  of  the  Russian  Xavy.  Mr.  For- 
sythe,  writing  on  the  case  to  the  American  Minister  at  St.  Petersburg 
on  the  4th  of  May,  18;}7,  said: 

It  is  a  violation  of  the  rifrhts  of  the  citizens  of  tlie  United  States,  ininieniorially 
exercised  and  secured  to  them  as  well  by  llie  law  of  nations  as  by  the  stiimlation.s 
of  tlie  lirst  article  of  the  convention  of  1821,  to  tish  in  those  seas,  and  to  resort  to 
the  coast  for  the  prosecution  of  thiiir  lawful  conuiierce  upon  points  not  already  occu- 
pied. 

From  the  speech  of  Mr.  Sumner,  when  introducing  the  question  of  the 
purchase  of  Alaska  to  Congress,  it  is  equally  clear  that  the  United 
States  (lovernmeut  did  not  regard  themselves  as  purchasing  a  monop- 
oly. Having  dealt  with  fur-bearing  animals,  he  went  on  to  treat  of 
fisheries,  and  after  alluding  to  the  presence  of  different  species  of  whales 
in  the  vicinity  of  the  Aleutians,  said:  "No  sea  is  now  mj arc  claiistim; 
all  of  these  nmy  be  pursued  by  a  ship  under  any  Hag,  except  directly 
on  the  coast  <)r  within  its  territorial  limit." 

I  now  come  to  the  statement  that  from  18(57  to  1880  the  possession  was 
enjoyed  by  the  United  States  with  no  interruption  and  no  intrusion 
from  any  source.    Her  Majesty's  Goverumeut  can  Uot  bat  tliiuk  that 

'27 


^ 


0\ 


I   III 


'    II! 


'Ill 


210 


DIPLOMATIC    CORRKSPOXDENCE. 


,■  1 


m  ! 

li! 


liii  't 


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ll: 


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ILV 

!i 

Mr.  Bliiine  liiis  bcou  misinroniied  sis  to  the  liistni-y  oftlu'  opcriitions  in 
lirliriiiK  Sea  dnriiij;  that  pt'iiod. 

Tli«'  instances  rccnnliMl  in  iiM'losnrc  1  in  this  dispati'h  arc  snt1i<-i('nt 
to  jnove  from  otlicial  I'nitod  States  sources  that  from  IS(J7  to  ISStJ 
liritisli  visssels  were  eiijiaj^ctl  at  intervals  in  the  far  seal  (isheries  with 
the  eofiiii/ance  of  th<'  I'nited  States  (lovernnuMit.  I  will  here  Ity  way 
ut  example  quote  but  one. 

In  lS7li  Collector  Phelps  rep(U'te<l  the  fittinj;'  out  of  expeditions  in 
Austi'alia  and  Victoria  for  the  jinrpose  of  takiiifi'  seals  in  IJehriiif;'  S»'a, 
while  passing  to  and  from  their  rookeries  on  St.  Paid  ami  St.  (Jeorye 
Ishnuls,  and  reconunended  that  a  steam  cutter  should  be  sent  to  tlie 
rejiion  of  riumak   Pass  an«l  the  islands  of  St.  Taid  and  St.  (Jeor;>'e. 

Mr.  Secretary  IJoutwell  informed  him,  in  reply,  that  he  did  not  con- 
sider it  exi>edient  to  send  a  cutter  to  interfere  with  the  operations  of 
forei^iuers,  and  stated:  ''In  addition,  I  do  not  ac«'  that  the  Tniti'd 
Stat»'S  would  have  the  Jurisdictitui  or  power  to  drive  otl"  parties  fi'oin};' 
up  there  for  that  i)ui'pose,  unless  they  nnule  such  attempt  within  a 
nnirine  league  «)f  the  shore." 

liefore  leaving  this  part  of  Mr.  Blaine's  argument,  I  would  allude  to 
his  remark  that  "  vessels  from  other  nations  passing  from  time  to  tinn^ 
through  liehring  Sea  to  the  Arctic  Ocean  in  pursuit  of  whales  have 
always  abstained  from  taking  part  in  the  cai>fure  ()f  seals,''  which  he 
holds  to  be  proof  of  the  recogniti(Hi  of  rights  held  and  exercised  lirst 
by  Russia  and  then  by  tin'  T'nited  States. 

Even  if  the  facts  are  as  stated,  it  is  not  remarkable  that  vessels 
])ushing  on  for  the  short  season  iu  which  whales  can  be  captured  in  the 
Arctic  Ocean,  and  being  litted  esi)ecially  for  the  whale  lisheries,  ueg- 
le«'ted  to  (tarry  boats  and  hunters  for  fur  seals  or  to  engage  in  an  en- 
tirely ditferent  pursuit. 

The  whalers,  moreover,  pass  through  Bebring  Sea  tor  the  tishing 
grounds  in  the  Arctic  Ocean  in  April  and  J\Iay  as  soon  as  the  ice 
breaks  up,  while  the  great  bulk  of  the  seals  do  not  reach  the  Pribilof 
Islands  till  June,  leaving  again  by  the  time  the  closing  of  the  ice  com- 
pels tlie  whalers  to  return. 

The  statement  that  it  is  ''a  fact  now  held  beyond  denial  or  doubt 
that  the  taking  of  seals  in  the  oi)en  sea  rapidly  leads  to  their  extinc- 
tion" would  admit  of  reply,  and  abundant  evi«lence  could  be  .adduced 
on  the  other  side.  But  as  it  is  proposed  that  this  part  of  the  ([uestiou 
should  be  exanuned  by  a  committee  to  be  api)ointed  hy  the  two  Gov- 
ernments, it  is  not  necessary  that  I  should  deal  with  it  liere. 

Her  Majesty's  (Jovernment  <lo  not  deny  that  if  all  sealing  were  stoppe<l 
in  Behring  Sea  exce))t  on  the  islands  in  |K)S8ession  of  the  lessees  of  the 
United  States,  the  seal  nniy  increase  and  midtiply  at  an  even  more  ex- 
traordinary rate  than  at  ])resent,  and  the  seal  tishery  on  the  island  may 
become  a  monoi)oly  of  increasing  value;  but  they  can  not  adnut  that 
this  is  surticient  ground  to  Justify  the  United  States  in  forcibly  depriv- 
ing other  nations  of  any  share  in  this  industry  in  waters  which,  by  the 
recognized  law  of  nations,  are  now  free  to  all  the  'vorld. 

It  is  from  no  disrespect  that  IretVain  from  replying  specitically  to  the 
subsidiary  <piestions  and  arguments  put  forward  by  Mr.  Blaine.  Till 
the  views  of  the  two  CJovernments  as  to  the  obligations  attaching,  on 
grounds  either  of  morality  or  nci'essity,  to  the  United  States  (govern- 
ment in  this  matter,  have  been  brought  into  closer  harmony,  such  a 
course  would  appear  needlessly  to  extend  a  controversy  which  Her 
Miyesty's  Government  are  anxious  to  keei>  Avithin  reasonable  limits. 


PROPOSKI)    IXI-KKNATTONAL    MKASl'KKS,  ls«)0. 


211 


» 


1 . 


Tlie  nofioliiitioiis  now  hciiijf  csinied  <»u  at  Wiisliiii<>t(>ii  prov*'  the  rcinl- 
iiK'ss  of  llcr  Miijesty's  (iovcnimciit  to  consider  wlietln'i'  iiiiy  .spccia- 
iiittMiiiitioiiiil  ii^iTccmciit  is  iiccessary  for  the  protection  of  the  fur  seal  I 
ing  iiuliistry.  In  its  absence  thoy  are  unable  to  admit,  that  the(!as«^  put 
forward  on  behalf  of  the  I'tiited  States  aUbids  any  sntlirient  Justiti<^a- 
tion  for  the  foi'cible  action  already  taken  by  them  a;iaiiist  i)eaceable 
subjects  of  Her  .Miijesty  en;ia};ed  in  lawfid  operationson  the  hif>h  sj'as. 

"The  President,"  says  Mr.  Blaine,  "  is  persuaded  that  all  friendly 
nations  will  conitede  to  the  United  States  tlu^  siiinc  ri}{hts  and  piivile};es 
on  the  lands  and  in  the  watersof  Alaska  which  tlu^  same  friendly  nations 
always  conceded  to  the  Kmpire  of  Russia." 

Uov  Majesty's  (lovernnuMit  have  no  ditlicidty  in  makiuff  such  a  con 
<-ession.  In  strict  accord  Avith  the  views  which,  previous  to  the  present 
controversy,  were  consistently  and  successfully  maintained  by  the 
I'nited  States,  they  have,  whenever  occasion  arose,  ojjposed  all  claims 
to  exclusive  privileges  in  the  nonterritorial  watersof  Behring  Sea.  The 
rights  they  liave  demanded  have  bci^i  those  of  free  navigation  and  tish- 
ing  in  waters  which,  i)revious  to  their  own  accjuisition  of  Alaska,  the 
United  States  dec-liired  to  be  free  and  open  to  all  foreign  vessels. 

That  is  the  extent  of  their  i)resent  contention  and  they  trust  that, 
on  consideration  of  the  arguments  now  presented  to  them,  the  United 
States  will  recogni/.e  its  justice  and  moderation. 

1  have  to  re<|uest  that  you  will  read  this  dispatch  to  Mr.  Blaine  and 
leave  a  <'.oi)y  of  it  with  him  should  he  desire  it. 


1  am,  etc., 


\: 


ii 


1 1 


Salisbury. 


[IncIoHiiro.] 

Ill  1H70  Collector  Pliolps  reported  "  the  l)iiri|ue  Cjiane  lias  arrived  at  this  port  (San 
Francisco)  from  Aliiskii,  liavin<r  on  boanl  17  seal  skins."  (See  Kx.  Doe.  N'o.  SH,  Forty. 
fonrlli  Cotif^rcss,  lirst  session.) 

In  1S72  lie  reported  expeilitioiis  littin<;  unt  in  Anstralia  and  Victoria  tor  the  |)iir- 
jiost!  ot'  takin<;  seals  in  rL-iiriiij;'  Sea,  an<l  was  in  formed  that  it  was  not  expedient  to 
interHu'i-  witii  them. 

In  1S7I.  Aetiiifi;  Secretary  Sawyer,  writin;;  to  Mr.  F/lliott,  special  agent,  said: 

"It  liavinn'  l>een  otiicially  reported  to  this  Di^partment  l»y  the  coiletrtor  of  cnstoins 
at  I'ort  Townsend,  from  .\eaii  May,  that  Hriti.sh  vessels  from  N'ietoria  cross  over 
into  American  waters  and  eiiirage  in  takinj;  fur-seals  (which  he  repr<!sonts  are  annu- 
ally liecoming  more  nnnierons  <ui  our  immediate  coast)  to  the  great  injury  of  uur 
sealers,  holh  whiti!  and  Indian,  you  will  ••ive  such  jtropcr  attention  to  tin;  examination 
«d'  the  subject  as  its  iiuportanc)^  may  seem  to  yuu,  after  careful  incjiiiry,  to  deinaud, 
and  with  a  view  to  a  report  to  tin;  l)e])artinent  of  all  fact.s  ascertained."  (Ditto,  May 
4,  No.  117,  p.  lit.) 

In  1875,  Mr,  Mclntyre,  Treasury  agent.  desiMilied  how  "before  jn'oceeding  to  harsh 
measures''  lit!  had  warned  the  cai»ta.iii  of  the  Cijgni't,  who  was  shooting  seals  in  Za- 
jiadnee  Mav,  and  stated  that  the  captain  .appeared  astonished  that  ho  was  breaking 
the  law,     (Ditto,  March  \^,  1875,  No,  1:10,  j),  121.) 

In  IHSI).  the  fur-seal  trade  of  the  British  Columbia  coast  was  of  great  ini))ortance. 
Seven  v<!sse,ls  wt^re  then  engaged  in  the  tishery,  of  which  the  greater  nnmlier  were, 
in  ISXti  Mild  1KS7,  seized  by  the  United  States  (ioveriiiiicnt  in  Hehriiig  Sea. 

In  1.S8I  Daniel  and  Alexander  .MeLt-an,  both  Mritish  subjects,  took  the  American 
schooner  Sun  Itici/o  to  Heliriiig  Sea.  and  were  so  Mnee<!ssful  that  they  returned  there 
in  1885,  from  Victoria,  with  the  Mary  Ellen  and  the  Ftwourite. 


t  li 


21 J 


I 


f 


I  . 


■'      I 


ipilii 


%i 


k 

Mil 


lilli 


J'  II, 


Ilil 


DIPLOMATIC    (OKRKSl'ONDKXrE. 
SirJuiion  Vidinvvfotv  to  Mr.  lUninv. 


\VASniN(5T()N,  Mit)i  ^>3,  lS!)n. 
Stt?:  I  lisiv*'  the  honor  to  inform  you  that  a  statonicnt  linvinfi  iip- 
jK^iircd  ill  th«'  ncwspajM'rs  to  tin*  vtt'vrt  thiit  the  I'nitcd  Stiitrs  rov<'iiU(i 
cruisers  hiivr  rccrivfd  orders  to  proceed  to  Ih'hriiij;  Sen  for  the  pur- 
pose of  preventing  tlie  exercise  of  the  seal  lishery  l»y  foreign  vess»'ls  in 
iioiiterritoriiil  wiiters,  iiiid  that  stateiiieiit  having  been  conliriiiod  yes- 
tcKhiy  by  you,  I  am  instructed  by  the  Maripiis  of  Salisluiry  to  state  to 
yon  tlial  a  formal  protest  by  ller  Majesty's  (Jovernnient  apiinst  any 
such  iiit«'rferene«'  with  JJritish  vessels  will  be  forwarded  to  you  without 
<lelay. 

1  have,  etc., 

Julian  Pauncefote, 


Mr.  Blaine  to  Sir  JnJian  Pmmcefote. 

Depaktment  of  State, 

Wosliiufftoii,  May  ;2ii,  ISOO. 

Sir:  I  have  the  honor  to  ackno\vled};-e  tlu^  r«'ceipt  of  your  note  of  the 
23d  instant,  in  which  yon  inform  me  that  ller  IJritannic  Alajesty's  (Jov- 
ernment  will  formally  protest  a;;aiiist  certain  aciiosi  recently  taken  by 
this  Government  for  the  lU'otection  of  the  Alaskan  seal  lisheries. 
1  have,  etc., 

James  G.  Blaine. 


Mr,  Blaine  to  Sir  Julian  Pauncefote. 

Department  of  State, 
Washiiifftoii,  May  2'.),  J890. 

Sir:  Your  note  of  the  23d  instant,  already  acknowledged,  informs 
this  Government  that  you  "have  been  instructed  by  the  jVIanpiis  of 
Salisbury  to  state  that  Her  Majesty's  Government  would  forward  with- 
out delay  a  protest"  ajiainst  the  conrse  which  this  Government  has 
found  it  necessary,  under  the  laws  of  C'ongress,  to  pursue  in  the  waters 
of  the  licring-  Sea. 

Ill  turn,  I  am  instructed  by  the  President  to  protest  aj;ainstthe  conrse 
of  the  Uritisli  Government  in  authorizing,  encouraging,  and  protecting 
vessels  which  are  not  only  interfering  with  American  rights  in  the 
P»ehring  Sea,  but  which  are  doing  violence  as  well  to  the  rights  of  the 
civili/.ed  world.  They  are  engaged  in  a  warfare  against  seal  life,  disre- 
garding all  the  regulations  wliich  lead  to  its  proteittion  andctmimitting 
acts  which  lead  ultimatelj'^  to  its  destruction,  as  has  been  the  case  in 
every  part  of  the  world  where  the  abuses  which  are  now  claimed  as 
British  rights  have  been  practiced. 

The  Presi(hMit  is  snrjirised  that  sneli  protest  should  be  authorized  by 
Lord  Salisbury,  especially  bec^ause  the  previous  de<'laration8  of  his 
hndship  would  seem  to  render  it  imi>(>ssible.  On  the  lltli  day  of  No- 
vember, 1S87,  Lord  Salisbury,  in  an  oiVicial  interview  with  the  ^linister 
from  the  United  States  (Mr.  Phelps),  cordially  agreed  that  "a  code  of 
regulations  should  be  adopted  for  the  preservation  of  the  seals  in  Behr- 


/ 


>^. 


PROPOSKD    INTKKNArroXAL    MKASITRKS,   1890. 


213 


infj  Soii  Ciom  (h'struction  at  impr'^itcr  times,  by  iiM|>r<»l>«'i'  ineaiis,  by  tlu» 
citi/t'iis  of  cither  eoiiiitry."  And  Lord  Salisimry  sii;ij;ested  tliat  Mr. 
IMielps  ''should  obtain  IVoui  his  (Sovcrnnient  and  submit  to  iiim  (liord 
Salisbury)  a  sketeli  of  a  system  of  ropfnlations  wliicli  wouhl  bea(b'quate 
for  the  purpose."  Further  iuti'iviews  were  hehl  durinj*' the  following 
month  of  l-'ebrnai-y  (b'^'^''^)  between  liord  Salisbury  and  the  Anu'riean 
Minister,  and  between  Lord  Salisbury  and  the  Anieri«'an  Minister  ae- 
eompanieil  by  tiie  llussian  embassathu*.  In  answer  to  Lord  Salisbury's 
re«pu'st  Mr.  IMu^lps  sidnnitted  the  "regulations''  whieh  the  (rovern 
meiit  of  the  United  States  desired;  and  in  a^  dispateh  of  February  2.1 
Mr.  IMielps  eomnumieated  the  tbUowing  to  Mr.  Bayard,  Secretary  of 
State: 

l<<iril  Siilislmry  aHscnts  to  yourpr<>))r>sitioii,  t"  fstalilisli  liy  inntunl  fn'ranjjciiicnt  Ito- 
twccn  tlio  <;i)vtn'ninciilH  intcrcstfd,  m  cIohh  tiiiu!  Cm'  fur  nt-alH,  lii-twrrii  A|»ril  l.">  and 
Novciiibur  1,  and  lirtwt't'ii  ItM)  {li';;r('<)S  of  loniriiudt*  west  and  170  dcjjn'cs  of  lony;!- 
tnd«!  t-ast  in  tlic  IU-1ii'in<r  Soa.  And  li<^  will  cause  an  act  to  he  introdurcd  into  Parlia- 
ment to  ;;iM-  otl'cct  to  this  arran^fcnicntsit  soon  nn  it  can  be  ]n'epan'(l.  In  liiH  opinion 
tliere  is  no  donlit  that  the  act  will  lie  ]iansed. 

He  will  also  Join  the  Pnited  States  (ioxernnient  in  any  jirevcntive  ineasnrcs  it  may 
he  tlion<;'ht  hesi  to  adopt,  liy  orders  IhsuimI  to  tlui  naval  vessels  ol'tlm  rcHpectixe  n»y- 
ernmentH  in  that  region. 

Karly  in  April  (ISSH)  the  Russian  ambassador,  Mr.  de  Staal,  advised 
the  American  chaige  "that  the  Kussian  (i(»veriiment  would  like  to  have 
the  regulations  wliich  might  be  agreed  upon  for  the  liehring  Sea  ex- 
tended to  that  itortion  of  the  latter  in  which  the  Commander  Lslands 
are  situated,  and  also  to  the  Sea  of  Okhotsk,  in  which  Uobben  Island  is 
situated." 

<)u  the  Kith  of  April,  at  Lord  Salisbury's  invitation,  the  Russian  am- 
bassador and  Mr.  White,  the  American  charge  (Mr.  Phelps  being  absent 
from  Loudon)  met  at  the  foreign  otTice  ''  for  the  juirpose  of  discussing 
with  Lord  Salisbury  the  details  of  the  proposed  conventioiml  arrange- 
ment for  the  protection  of  seals  in  Uehring  Sea." 

''  With  a  view  to  mei^ting  the  Russian  Government's  wishes  respect- 
ing the  waters  surr(nuuling  Robbeu  Island,  his  lordship  suggested  that 
beside  the  whole  of  Bering  Sea  those  i)ortions  of  the  Sea  of  Okhotsk 
and  of  the  Pacific  Ocean  north  of  north  latitiule  47,  should  be  included 
in  the  proposed  arrangement.  His  lordship  intinuited  furthermore, 
that  the  jteriod  pro])osed  by  the  United  States  for  a  close  time,  from 
April  !.■»  to  November  1,  might  interfere  with  the  trade  longer  than 
al>solutely  necessary  for  the  protection  of  seals,  and  he  suggested  Oc- 
tober 1,  instead  of  a  mouth  later,  as  the  ternunation  of  the  period  of 
seal  prote(!tiou.''  Furthermore,  Lord  Salisbury  "  promised  to  have  a 
draft  convention  prepared  for  sid)missi(m  to  the  Kussian  ambassador 
and  the  American  minister." 

On  the  2.'5d  of  April  the  American  charg*'^  was  informed  by  Lord 
Salisbury  that  "it  is  now  proposed  to  give  eftect  to  a  seal  convention 
by  order  in  council,  not  by  act  of  Parliament."  It  was  understood  that 
this  course  was  proposed  by  Lord  Salisbury  in  order  that  the  regula- 
tions needed  in  Behring  Sea  might  be  promptly  applied. 

Vou  will  observe,  then,  that  from  the  Ilth  of  November,  1SS7,  to  the 
2.'{d  of  April,  1888,  Lord  Salisbury  had  in  every  fwrm  of  s|)eech  assi'Utetl 
to  tlu"  necessity  of  a  close  season  for  the  protet-tion  of  the  seals. 

The  shortest  period  which  he  named  was  from  the  15th  of  A])ril  to 
the  1  st  of  ( )i'tohcr — live  and  one-half  months.  In  ad<lition,  his  lordshij) 
sugg('st<'il  that  the  closed  sea  for  the  period  nanu'd  should  include  the 
whole  of  the  IJehring  Sea  and  shoidd  also  include  such  portion  of  the 
Sea  of  Okhotsk  as  would  be  necessary  to  protect  the  Russian  seal  lish- 


»«>' 


i  ll" 


:::^ 


! 


y- 


Hill 


214 


DIPLOMATir;    COKRKSI'ONDKNCR. 


cry  nil  I{ol)l)(Mi  Island;  Mint  the  rlost'd  st'iisoii  he  oxfciidcil  as  far  soiitli 
as  the  ITtli  il(>;>'i'«'«'  ul'  iioitli  latitiidt^ — 120  miles  soiitli  of  tlic  iiurtlicrii 
liDiiiKlary  of  till'  llnitiMl  States  on  tlie  I'acillr  ()<M'aii.  lie  |>roiiiisc<l 
fiirtlicr  to  draft  a  i'onveiitioii  upon  the  siihjcct  iH'twetiii  lOnyiand,  K'ns- 
sia,  iinil  tiie  Tiiited  States. 

These,  assuranees  were  ^-iven  to  the  Anioriean  minister,  to  the  Ainer 
lean  ehai'^isto  the  linssiaii  ambassador,  and  on  more  than  one  oeeasioi. 
to  two  of  them  tofjethei'.  Tin*  United  States  liad  no  n-ason,  therefore, 
to  doubt  that  the  wliole  dispute,  touehiny  the  seal  tisheri«'s  was  prae- 
tiealiy  settled.  Indeed  to  have  distrnsti'il  it  would  hnvo.  l>een  to  (pu's- 
tion  the  ^ood  faith  of  Lord  Salisbury.  In  diplonnitie  inteiconrse 
between  (Ireat  Uritaiii  and  the  United  States,  be  it  said  to  the  honor  of 
both  jfovernments,  a  verbal  assurani-e  from  a  niiidster  has  always  been 
e<pial  to  his  written  i)led}ije.  Speaking  the  same  lan;iuaj>e,  there  has 
l»een  no  room  foi-  miannderstainlinj;'  between  the  representative-s  of  tlie 
two  fi'overnments,  aH  may  easily  happen  between  those  of  <lit!'erent 
tongues.  For  a  period  of  six  nnuiths,  then-fore,  without  retraction  or 
(lualitleation,  without  the  suggestion  of  a  doubt  cu'  the  dropping  of  a 
hint,  the  understanding  between  the  two  governments,  on  the  assurance 
of  Lord  Salisbui-y,  was  as  <'oniplete  as  langinige  c(uild  uv.xUv  it. 

On  the  28th  of  April,  five  days  after  Lord  Salisbury's  last  i)ointed 
assuran<'e,  five  days  after  he  had  pro])osed  toi)erfect  the  scheme,  not  l»y 
the  delay  of  rarlianu'ut,  but  by  the  proniptiu'ss  of  an  order  in  council, 
the  Anu'rican  charge  was  informed  that  the.  act  of  Parliament  would 
be  necessary  in  additiou  to  the  order  in  council,  and  that  neither  act 
nor  order  could  be  drafted  "until  Canada  is  heard  from." 

For  several  weeks  following  April  L'S,  there  were  many  calls  by  the 
American  «'harg«''  at  the  foreign  office  to  learn  whether  '*  Canada  had 
been  heard  from."  He  called  alone  an<l  called  in  comi)any  with  the 
Kussian  ambassador.  Finally,  on  theL'Oth  of . June,  Lord  Salisbury  told 
him  that  an  uigent  telegram  had  been  "sent  to  Canada  a  week  ago 
with  respect  to  the  delay  in  its  expedition,"  and  that  a  ri'ply  had  been 
"received  by  the  secretary  of  state  for  the  colonies,  saying  that  the 
matter  will  be  taken  up  immediately."  Mr.  White,  relying  entirely 
upon  these  assuraiu'es,  ventured  to  "hope  that  shortly  after  3ir.  IMielps' 
return  the  IJritish  (iovernnu'nt  will  be  in  a  conditiim  to  agree  upon  the 
terms  of  the  proposed  convention. 

Mr.  I'helps  returned  to  London  on  the  L'2d  of  June,  two  days  after 
Mr.  White's  interview  with  Lord  Salisbury,  and  imnu-diately  alter  the 
urgent  telegrau)  had  been  sent  to  Canada.  On  the  2.Stli  of -Inly  Mr. 
Phelps  had  received  no  assurances  from  Lord  Salisbury,  and  tele- 
graplied  the  Depai'tment  of  State  his  "fear  that,  owing  to  Canadian 
0])position,  we  shall  get  no  convention/"  Tn  a  dispatch  to  his  (Jo\ern- 
ment  of  the  12th  of  Sei)teraber,  he  related  'laving  had  interviews  with 
Lord  Salisbury  respecting  the  coiiventioa,  whieh,  he  says,  ha<l  been 
"virtually  agreed  upon,  except  in  its  ! emails."  3Ir.  Phelps  goes  on  to 
say: 

The  consideration  of  it  has  bcon  snspcnded  for  conimnnication  Ly  the  British  Ciov" 
ernnn'iit  witli  tht-  Cauudian  (iovcrnnicnt.  I'or  which  ]mr])osc  an  interval  of  several 
months  liad  )»'cn  allowed  to  elai>sc.  1  )nriiifr  this  lonn  interval  the  attention  of  liord 
Salishnry  had  lieen  reiieatedly  called  to  thi'  snhject  hy  the  American  legation,  and 
on  those  occasions  the  answei  received  from  him  was  that  no  reply  from  the  Canadian 
iiiithorities  had  arrived. 

Mr.  Phelps  proceeds  in  the  dispatch  of  September  12  to  say: 

I  aj^ain  pressed  Lonl  Salislniry  for  the  completion  of  the  convention,  as  the  exter- 
mination of  seals  by  the  Canadian  vessels  was  understood  to  be  rapidly  proccedinfj. 


TROPOSKI)    INTKIiXATIONAL    MKASUHF.s,   1800. 


215 


His  IohIhIi'iii,  in   rf|(ly,  <liil  iml  t|in'stii>n  tl\»-  |ii'ii|ii  icty  or  flir   iiiijxd  tin nC  t^kiii}; 

iiii'iisiiri'H  III  |ii'i-vi'iit  till'  Wiinliin  (IrNti'in'iiiiii  of  hh  viiliniltic  iiininliiNti'v  in  wliirli.  jih 
Ik-  icniJirkril,  i;ni;liiml  liail  ii  ];\r<^f  iiiVtiisI  of  its  iiwii ;  Inil  liis  ImilMliip  stiitiil  (liiit 
the  CiniiiiliiMi  (iii\oiiini«<iit  iilijritril  'lo  iin.v  siirli  rcHtrictioiis,  iiiid  tliiit  iiiilil  its  con- 
Hciil  riHiiil  III-  iihtuiiii'd  ll*T  MiiJ<-<<t,v'>  Uiivi'iinnciit  wiih  not  \viliin>{  In  iiilci'  iiiln  tlio 
rollVi'lltiiHi. 

It  \v:is  tliiis  rnK(ll\  arku«>\v|«'(l;;'<'<l  that  tlii>  iic;>'<itiiition  into  wliji-h 
liOi-<l  Siilisliiit'.N  Ii.hI  rortliiilly  ciitort'il,  iiiid  towliicli  lir  had  I'l'iiilily 
iiji'iTcd,  rvtMi  liiiiisclf  sujum'stiiijn'  sonic  of  its  most  \iilnal)l(>  details,  was 
cntiirly  snbordinatrd  to  tli<>jn<l;:ni('nt  and  dtMr(>  of  tlif  ( 'anadian  <iov- 
crniiicnt.  Tliis  (io\-crnint'nt  can  not  hut  fc«>l  tliat  Lord  Salisbury  would 
liavc  dealt  more  frankly  it',  in  the  hc^iiniiiii;;',  lie  had  informed  Miiiistiu* 
IMielps  that  no  arran;;ement  could  be  made  unless  Canada  eoncuiicd  in 
it,  and  that  all  ncfiotiation  with  tlu^  British  (Jovcrnment direct  was  but 
a  loss  ol'  time. 

When  you,  Mv.  Ministci,  arrived  in  this  countiy  a  year  ajio.  tlierc 
seemed  the  i)est  prospect  for  a  setth'inent  of  this  (|iiesti(»n.  l»ut  the  K'us- 
sian  minister  and  the  American  Secretary  ol  State  have  had  the  expe- 
riences of  Mr.  IMielpsaiid  the  Ikiissian  ambassador  in  Loiidon  repeated. 
In  our  early  interviews  there  seemed  to  be  as  ready  a  disposition  on 
your  part  to  <'onie  to  a  rcasonalde  ami  friendly  adjust nieitt  as  there  has 
always  l»cen  on  our  part  toolVeronc.  You  will  not  Ibryct  an  interview 
between  yourself,  tin-  Knssian  minister,  and  myself,  in  which  the  lines 
for  a  close  season  in  the  IJelirinu  Sea  laid  down  by  Lord  Salisbury  were 
almost  exactly  repeated  by  yo';:/;!!',  and  w»'ie  insciilM'd  on  maps  wlii<'li 
were  before  us.  ;i  co|»y  of  which  is  in  the  possession  o.'  the  Kussian 
minister,  and  a  copy  also  in  my  possession.  A  prompt  adjustment 
sceijicd  practical)le — an  adjustment  wiiich  I  am  Mire  would  have  i»cen 
lionoraliU'  to  all  th«'  countii«'s  intci-csted.  N(t  obstacles  wci'c  |>resented 
on  the  Ameiican  side  of  the  (niestioii.  Ifo  iusistance  was  made  upon 
the  IJelirin;;  Sea  as  imirc  rhaisinn;  no  objection  was  iiitei'pos«'d  to  the 
entiiince  of  r>ritis]i  slii|)s  at  all  times  on  all  commercial  eirands  throu^^h 
all  the  waters  of  the  l>ehriu}>'  Sea.  IWit  our  nt'^otiatiitns,  as  in  London, 
were  suddenly  Inokeii  <»l1'for  many  weeks  by  the  interposition  of  ( 'anada. 
When  correspondence  was  resumed  on  tlu^  last  day  of  April,  you  made 
ju I  otic r  for  a  mixed  eommissioii  of  experts  to  <lecide  the  (piestions  at 
issue. 

Your  proposition  is  that  pelajiic  sealinji'  should  be  prohibited  in  the 
Uchrin^'  Sea  durinj''  the  months  of  May,  .Iun«',  October,  Xovend)er,  and 
December,  and  that  there  slnudd  be  no  ])rohibition  duriii<>'  the  months 
<)f -luly,  Auj;ust,  and  Sept«'ml)er.  Your  propositiim  involved  the  «'on- 
dition  that  l>ritisli  vessels  should  be  allowed  to  kill  seals  w  itliin  10 
miles  of  the  coast  of  the  Pribilof  Islands.  Lord  Salisbuiy's  pro|)osition 
of  LSSS  was  that  durin<>'  the  same  months,  for  which  the  10 mile  privilef;'e 
is  now  demanded,  no  IJritish  vessel  hunting'  seals  should  come  nearer 
to  the  Pribilof  Lslands  than  the  47th  |»arallel  of  north  latituch:,  about 
(JOd  mih's. 

The  open  season  which  you  thus  ."elect  for  killinjij  is  the  one  when  the 
areas  around  the  hreedinj;-  islands  are  most  crowded  with  seals,  and  es- 
]>ecially  crowded  with  female  seals  s'(>i>'Ji'  forth  to  secure  food  for  the 
iiundreds  of  thousands  of  their  youii^'  of  which  they  have  recently  been 
delivered.  The  destructiou  of  the  females  which,  according-  to  expert 
testimony  would  be  i>')  per  cent  of  all  which  the  sealinji'  vessels  mifjlit 
readily  capture,  would  inflict  deadly  lossni)on  the  rookeries.  The  de 
strm'tiou  of  the  females  would  be  followed  by  th<'  destructiiMi  of  their 
young-  ou  the  islands,  and  the  herds  would  be  diminished  the  next  year 


ir 


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5 


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216 


DIPLOMATIC    CORRESP<  )NI)KNCE. 


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by  this  wholesale  shiughtiT  of  the  producing  females  and  their  off- 
si  u-inj--. 

The  ten-i.iile  limit  would  give  the  marauders  the  vantage  ground  for 
killing  the  seals  that  are  in  the  water  by  tens  of  thousands  searching 
for  food.  The  opportunity,  under  cover  of  fog  and  night,  for  stealing 
silently  upon  the  islands  and  slaughtering  the  seals  within  a  mile  or 
even  less  of  the  keeper's  residence  would  largely  increase  the  aggregate 
destruction.  Tuder  such  conditicms  the  Hritisli  vessels  could  evenly 
dividewiththeT'nitedStates,  within  the  three-miUnimit  of  its  own  shores 
and  upon  the  ishmds  themselves,  the  whole  advantage  of  the  seal  fish- 
eries. The  respect  which  the  sealing  vessels  would  pay  to  the  ten-mile 
limit  wouhl  be  the  same  that  wolves  pay  to  a  Hock  of  sheep  so  placed 
that  no  shepherd  can  guard  them.  This  arrangement  according  to  your 
l(roi>osal,  was  to  continue  for  three  months  of  "ach  year,  the  best  months 
in  the  season  for  depredations  ui)on  the  seal  herd.  No  (course  was  left 
to  the  Ignited  States  or  to  Kussia  but  to  reject  the  proposition. 

The  pro])ositions  made  by  Lord  Salisbury  in  1888  and  the  propositions 
nnule  by  Her  Majesty's  Minister  in  Washington  in  1890  are  in  signifi- 
cant contrast.  Tiie  circumstances  are  the  same,  tiie  conditions  are  the 
same,  the  rights  of  tiie  United  States  aie  the  same  in  both  years.  Tlie 
]»osition  of  England  has  changed,  because  the  wishes  of  ('anada  have 
demanded  the  cliange.  The  result  tiien  with  wliicii  the  Tnited  States 
is  exitected  to  be  <!ontent  is  that  her  rights  within  the  Behring  Sea  and 
on  the  islands  tliereof  are  not  absolute,  but  are  to  be  determined  by  one 
of  Iler  jMaJesty's  provinces. 

The  British  (lovernment  woiild  assuredly  and  rightfully  complain  if 
an  agreement  between  her  representative  and  the  representative  of  the 
United  States  should,  witiiout  notice,  be  broken  off  by  the  Tnited  States 
on  the  ground  that  the  State  of  California  was  not  willing  that  it  should 
be  com|deted.  California  lias  a  governor  chosen  independently  of  the 
executive  i)Ower  of  tlie  Natiomd  (Jovernment;  Canada  has  a  governor 
appointed  by  the  British  Crown.  Tlie  legislature  of  C  ilifornia  enatrts 
laws  with  wliicli  the  executive  power  of  the  I'nited  States  has  no  right 
whatever  to  interfere;  Canada  enacts  laws  witli  wliicli  the  exe<'utive 
jiower  of  Great  Britain  can  interfere  so  far  as  absolutely  to  annul.  Can 
the  (iovernment  of  the  United  States  be  expected  to  accept  as  flnal  a 
decisifin  of  *^he  (iovernment  of  (lieat  Britain  that  an  agreement  with 
the  United  States  can  not  be  fulfilled  because  the  inovinee  of  Canada 
objects! 

This  review  of  the  cirenmstances  which  led  to  the  present  troubles 
on  the  Behring  Sea  (juestion  has  been  iiresented  by  direction  of  the 
rresident  in  order  to  show  that  the  responsibility  does  not  rest  with 
this  (Jov*'rnnient.  The  change  of  policy  made  by  Her  Majesfy's  (lov- 
ernment witlumt  notice  and  against  the  wish  of  this  Government,  is  in 
the  President's  belief  the  cause  of  all  the  ditterences  that  have  followed. 
I  am  further  instructed  by  the  President  to  say  that  while  y<mr  i)ro- 
posals  of  April  30  can  iioii  be  accepted,  the  United  States  will  continue 
the  negotiation  in  hope  of  reaching  an  agreeinent  that  may  conduce  to 
a  good  understanding  and  leave  no  cause  fiw  future  disjiute.  In  the 
President's  oi>inion,  owing  to  delays  for  which  this  Government  is  not 
resiionsible,  it  is  too  late  to  conclude  such  negotiation  in  time  to  api>ly 
its  results  tlie  iiresent  season.  He  therefore  ]>ro})oses  that  I  ler  Majesty's 
Government  agree  not  to  permit  the  vessels  (which  in  his  Judgment  do 
injury  to  tlie  property  of  the  United  States)  to  enter  the  Behring  Sea 
for  this  season,  in  order  that  time  may  be  seemed  for  negotiation  that 
shall  not  be  disturbeil  by  unt(»ward  escnts  or  unduly  influenced  by 


Ii:i 


.i!^ 


PROrOSl<:i>    IN'I'KRNATIONAI.    MKASIIiKS,  1X90. 


217 


poi>n1ar  agitation.  If  tin's  oft'cr  be  acceidt'd,  the  I'rosidcnt  bcliovos 
that  hetbiv  another  season  shall  open,  tlie  friendly  relations  existin;; 
between  the  two  countries  iind  the  niutnal  desire  to  <'ontinue  tiieiii,  will 
had  to  treaty  stipulations  which  shall  be  permanent,  because  just  and 
leonoiable  to  all  parties. 


I  have,  etc., 


James  G.  Blaine. 


Mr.  Blaine  to  Sir  Julian  Pauncefote. 

Depart^tent  op  State, 

Waxliiufifoii,  'hiitc  J.\  If^'.K). 

My  Dear  Sir  Julian:  I  l-ave  had  a  pr()lon«:ed  interview  with  the 
President  on  the  matters  upon  whi<'h  we  are  endeavorinj'"  to  come  to  an 
agreement  touchiiiji'  th<»  fur-seal  (piestion.  Tin'  President  expresses  the 
opinion  that  an  arhitratitni  can  not  be  concluded  in  time  for  this  season. 
Arbitration  is  of  little  value  unless  conducted  with  tiie  most  careful 
deliberation.  What  the  President  most  anxiously  desires  to  know  is 
whether  liord  Salisbury,  in  order  to  ])rom(>te  a  friendly  sedation  of  the 
question,  will  make  for  a  single  season  the  regulation  which  in  1S.S8  he 
offered  to  make  ])ernianent.  The  President  regards  that  as  the  stej) 
which  will  lead  most  certaiidy  aiul  nmst  promptly  to  a  friendly  agree- 
ment between  the  two  Governments. 
I  am,  etc., 

James  G.  Blaine. 


!'■ 


r-t: 


Sir  Julian  Pauncefote  to  Mr.  Blaine. 

British  Legatioi,, 
Washiiujfon,  D.  C,  June  3,  1890. 

Dear  Mr.  Blatne:  In  reply  to  your  letter  of  yesterday  ev<Mniig, 
touching  the  fur  seal  (piestion,  I  beg  to  state  that  I  am  in  a  positi<m  to 
answer  at  once  the  impiiry  ''  Whether  Lord  Salisbury,  in  order  to  pro- 
mote a  friendly  solution  of  the  (juestion,  Avill  make  for  a  single  season 
the  regulation  which  in  1888  he  offered  to  make  peiinant'iit.'^ 

The  words  which  I  quote  from  your  letter  have  reference  no  doubt  to 
the  proposal  of  the  United  States  that  Biitish  sealing  vessels  shouhl 
be  entirely  excluded  trom  the  Behring  Sea  during  the  seal-tishery  season. 
I  shall  not  attemitt  to  discuss  iu'r«'  whether  what  took  place  in  the  course 
of  the  aboruve  negotiatiims  of  18S«  amounted  to  an  otter  on  the  part  of 
Lord  Salisbury  "to  make  such  a  regulation  permanent." 

It  will  suflice  for  the  preset'*  purpose  to  state  that  the  further  exam- 
inaticm  of  the  (piestion  which  has  taken  ])lace  has  satislied  Mis  Lord- 
vship  that  such  an  extreme  measure  as  that  jy'oposed  in  1888  goes  far 
beyond  the  requirements  of  the  case.  ^ 

Her  Majesty's  Governncnt  are  quite  willing  to  adopt  all  measure-- 
which  shall  be  satisfactorily  ])roved  to  be  necessary  foi  the  preservati(»n 
of  the  fur-seal  species,  and  to  enforce  such  measures  on  British  subjects 
by  proper  legislation.  P)iit  they  an^  not  prepared  to  agiee  to  such  a 
regulation  as  is  suggested  in  your  letter  for  the  present  tislu'ry  season. 
as,  apart  fntm  other  considerations,  there  w(mld  be  no  legal  power  to 
enforce  its  observance  on  British  subjects  ami  British  vessels. 
I  have,  etc. 

JULlAJN  pAUNOi-JFOTE. 
28 


I 

I 


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218 


DIPLOMATIC   CORHKSPONDENCE. 


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Mr.  Blaine  to  ISir  Jvluin  I'auuvefote. 

Department  of  Sfate, 

W((sliiii(if<ni,  June  /,  li'^OO. 

Sir:  I  li.ave  your  favor  ot  the  LM  iiistiint.  Tlic  President  sincerely 
rejirets  that  his  eonsiderate  and  most  friendly  i»ro]iosal  tor  adjustment 
of  all  troubles  conneeted  with  the  Hehrinj;'  Sea  should  he  so  i»romi)tly 
rejected.  The  paragraph  in  your  noti'  in  which  you  refer  to  Lord  Salis- 
bury's position  needs  explanation.    1  <iuote  it  in  full: 

It  will  sulitici'  for  the  i)r('.seiit  jmrposp  to  stiitr  that  the  ('iirtliiT  cxainination  of  the 
(|iii'stioii  wliicli  lias  takt'ii  ])la('(' liasisatisticil  His  Lonlslii))  that  siicli  an  i-xtrcinciiieus- 
iiro  as  tliat  proposed  in  1X8S  jjocs  fai'  lioyontl  the  rciinircniciits  of  the  case. 

1  do  not  know  what  may  have  been  the  ''examination  of  the  ques- 
ti.oii  "  that  "•has  satisfied  Lord  Salisbury  that  such  an  extreme  measure 
as  that  proposed  in  IScSS  goes  far  beyond  the  requirements  of  the  case." 
1  oidy  kncnvthat  the  most  extieme  measure  pro]»nsed  esime  from  Lord 
Salisbury  '.imself  in  sug{>esting  a closeseascm  as  far  south  as  the  forty- 
seventh  parallel  of  latitude,  to  last  from  April  lo  to  October  1  in  each 
year. 

At  the  <'lose  of  his  nep,otiations  with  Mr.  IMielps  in  Sei)tcniber,  ISSS^ 
Jlis  Lordship,  still  aitproving-  the  "measures  to  prev(-nt  the  Avanton 
destnu'.tion  of  so  valuable  an  industry,"  declared,  ai)piirently  with  re- 
j?ret,  that  ''the  Caiuuliiin  (lovernment  objected  to  any  sueh  restric- 
tions" (/.  e.,  as  those  which  llis  Loidship  had  in  part  proposed  ami 
wholly  ai)proved),  ami  that  "until  its  consent  would  be  obtained  Her 
^lajesty's  Government  was  not  Avillins"  to  enter  into  the  convention." 
It  is  evident,  therefore,  that  in  1S.S8  Lord  Salisbury  abruptly  closed 
the  neji'otiations  because  in  his  own  phrase  "the  (.'auiidian  (ilovern- 
ment  objected."  He  assigned  no  other  reason  wlnitever.  and  until  your 
m)te  of  the  2d  was  received  this  Gov'ernment  had  never  been  informed 
that  His  Lordship  entertained  any  other  objections  than  those  ex- 
ju'essed  in  Sei)tend»er,  1S88. 

It  is  proper  to  recall  to  your  recollectuni  that  at  divers  tim«*s  in  i)er- 
sonal  conversation  I  have  ju-oposed  to  you,  on  belialf  of  this  Govein- 
meiit,  a  close  season,  materially  shorter,  in  jtointof  time,  than  was  volun- 
tarily offered  by  L.»rd  Salisbury  and  nuu-h  less  extended  in  pointof  space. 
Instea<l  of  going  as  far  south  as  the  forty-seventh  parallel  I  have  fre- 
quently indicated  the  willingness  of  this  Governnu>nt  to  take  the  divid- 
ing line  between  the  Pacific  Ocean  ami  the  I>ehring  Sea — the  line  which 
is  tangent  to  the  southernmost  island  of  the  Aleutian  group — being  as 
near  as  may  be  the  fiftieth  i»arallel  of  north  latitude. 

Early  in  Ai)ril  you  will  renuMuber  that  you  suggested  to  me  the  ad- 
.antage  that  might  follow  if  the  sailing  of  the  revenue  cutteis  for  JJehr- 
ing  Sea  could  be  postp(Uie<l  till  the  middle  of  .Miiy.  Th(»ugh  that  wiis 
a  matter  entirely  under  the  control  of  theTreasuiy  Department,  Secre- 
tary Windom  iiromptly  <'omplied  with  y(mr  recjuest,  and  by  the  Presi- 
dent's directiiui  a  still  htnger  postponenu'iit  was  ordered  in  the  hoi>e 
th;d  some  form  of  ecpiitable  adjustnu'nt  might  be  i)ro])osed  b^^  Her 
INI.iJesty's  Government.  I'iVen  the  revenue  cutter,  which  annually  i)asses 
thrimgh  Behring  Sea  carrying  supplies  to  the  relief  station  at  Point 
IJarrow  in  the  Arctic  Ocean — seventy-second  degree  >f  ::orfh  latitude — 
was  ht'ld  l)a<'k  lest  her  appearance  in  iJehring  Sea  nught  be  misr«'i)re- 
sented  as  a  mmobservance  of  the  understanding  between  us. 

It  is  perfectly  clear  tlmt  if  your  claim  for  Prifish  vessels  to  kill  seals 
within  10  miles  of  the  Pribilof  Islands,  directly  after  the  mothers  are 


i«! 


,ff 


PRdl'OSRD    I.VTKRXATIOXiL    MKASURRS,   1890. 


210 


l! 


iii   ! 


dclivoicd  of  tlicir  yoniij'',  should  be  jiiauted,  tlic  Bchiiiiji'  St'U  would 
swiu'in  with  vessels  enji:ij;('d  iu  sealiiiy — uot  forty  or  lifty,  as  now,  hut 
many  hundreds,  tlirou<;li  the  summer  months.  If  that  privilej^e  should 
be  j^iven  to  Canadian  vessels,  it  nuist  of  cours<',  l)e  eonecMled  at  ont*e 
to  American  vessels.  If  the  rookeries  are  to  be  thrown  open  to  ('ana- 
dians.  they  would  certainly,  as  matter  of  comnuMi  riiiht,  be  thrown  open 
to  citizens  of  the  Tnited   States.     Tiie  seal  mothers,  wliicli  icfjuire  an 


oO  miles  fi 


the  island 


ill  sid( 


food 


area  ot  trom  40  ro  ou  nuies  irom  me  isiauos,  on  an  siues,  ro  secure  looi 
for  their  younj^',  would  l)e  slaujifhtered  by  inindrcds  of  thousands,  and 
in  a  brief  space  of  time  there  would  bo  no  seals  in  tlu'  i>eiirinj>-8ea.  Sim- 
ilar causes  have  uniformly  i>r(Klm*ed  .«inular  ctt'ects.  Seal  rookeries  in 
all  pints  of  the  world  have  Ik'cu  destroyed  in  that  way.  The  present 
course  of  Great  Britain  will  pioduce  the  same  efl'ect  on  the  only  seal 
roctkia-y  of  any  value  left  in  the  waters  of  the  oc^eans  and  seas  of  the 
ji'lobe.  The  United  States  have  leased  the  privilej'e  of  sealing  because 
only  iu  that  way  can  the  rookerh's  be  preseived,  and  oidy  in  that  way 
can  this  (lovernment  derive  a  revciniefroin  the  Pribilof  Fslands.  (Jreat 
JJritain  would  jierhaps  gain  something  foi'  a  few  years,  but  it  would  be 
at  the  exi)ense  of  destroying  a  valuable  int<'rest  l)elonging  to  a  friendly 
nation — an  interest  which  the  civilized  woild  d.esires  to  have  ])reserved. 

1  observe  that  you  <|Uote  Treasury  Agent  George  K.  Tingle  iu  your 
disi)ateh  of  April  30  as  showing  that,  notwithstanding  thedepredatiims 
ol"  maraudeis,  the  total  number  of  seals  had  increased  in  the  I>ering 
Sea.  The  rude  mode  of  estimating  the  total  number  can  readily  lead 
to  mistakes,  and  other  ag(uits  have  ditlered  from  Mr.  Tingle.  But 
aside  from  the  correctness  or  iucoirectness  of  ]Mr.  Tingle's  conclusions 
<)n  that  ]»oint,  may  I  ask  upon  what  grounds  do  the  Canadian  vessels 
ass;-rt  aclai'u,  uidess  they  assume  that  they  have  a  title  to  the  increase 
of  the  seal  herd?  !+'  the  claim  of  the  United  States  to  the  seals  of  the 
Pribilof  Islands  he  well  founde<l.  we  are  certainly  entitled  to  the  in- 
crease as  nnich  as  a  si;<'cp-growcr  is  entitled  to  the  increase  of  his  tlock. 

Having  introduced  Mr.  Tingle,  who  has  v«'ry  i'xtensive  knowledge 
tou(;hing  the  seals  in  IJehring  Sea,  as  well  as  the  habits  of  the  ('anadian 
marauders,  I  trust  you  will  not  discredit  his  testimony.  The  following 
statiMuent  ir  de  by  Mr.  Tingle  in  his  olhcial  report  to  the  Treasury  l)e- 
liartment  at  ihe  close  of  the  season  of  1887  is  respectfully  commended 
to  your  consideration. 

I  iiiii  now  ((iiiviiicfd  t'roni  what  1  K''>tl"'i"  i"  qncsti<)iiin<;  tlK'incii  lu'loiiyiiijf  to  cap- 
tured schooncis  iuul  tVoin  ri'ii<liii;j  tlif  lo(;s  of  tlic  vcsncIs.  that  iint  more  than  one  seal 
in  t<Mi  killi'il  and  mortally  woiiudt'd  is  laii<l<Ml  on  tin-  boats  and  skinned;  tliiiiii  yon 
will  SCO  tlie  wanton  destruction  of  seal  life  without  any  henelit  whatever.  I  think 
30.000  skins  taken  this  year  is  a  low  estimate  on  this  hasis;  8(K),000  fur  seals  wei-e 
killed  to  secure  that  nunilier,  or  three  times  as  many  as  the  Alaska  Commercial  Coin- 
liany  are  allowed  l)y  law  to  kill.  Vou  can  readily  see  that  this  jvi'eat  slau^fhter  of  seals 
will  iu  a  few  years  make  it  imjiossilde  for  100,000  skins  to  lie  taken  on  the  islands  hy 
the  lessees.  1  earnestly  ho))e  nnuo  ri.iforous  measures  will  he  ailopled  liy  the  (Jovern- 
nu'nt  iu  dealing  with  these  destructive  law-lireakers. 

Both  of  Ml".  Tingle's  statements  are  made  in  his  oflicial  capacity,  and 
in  both  <'ases  he  had  no  temptation  to  state  anytliing  except  what  he 
honestly  believed  to  be  the  truth. 

The  President  does  not  conceal  his  disappointment  that  even  for  the 
sake  of  seeming  an  impartial  arbitrati(»n  of  the  (piestion  at  issue.  Her 
Majesty's  Government  is  not  willing  to  suspend,  for  a  single  season,  the 
l)ractice  which  Lord  Salislniry  desciibed  in  1888  as ''the  wanton  (W- 
structi(m  of  a  valuable  imlustry,"  and  which  this  Governnu'nt  has  toii- 
forndy  regarded  as  an  unprovoked  invasion  of  its  established  rights. 
1  Lave,  etc., 

Jamk«  G.  Blaine. 


Ilii 

ill 


'% 


I 


u 


i 


T^ 


220 


DIPLOMATIC    COKRESPONDENCE. 


«il  liillhi 


,   'I  «!!|||l 


I  I'll 


M' 


^  iii:i, 


"!i«»i 


if 


i  t 

i  \ 


I 

I'l"  I       •;  iil,  , 

'    ■  !,      .1  Willi 


'1 .'%' 


.!     ,!•  .■'!.:, 


iii 
11 

I'll 


'  I'llijl 
slljll 

ii 


lilt 


1^ 


•  Sir  Julian  Vnuncefote  to  Mr.  BUtinc. 

WASHlN(iT()N,  June  f>,  1890. 

Sir  :  T  have  the  honor  to  acknowledge  the  leeeipt  of  your  ortudal  note 
of  the  4tli  instant,  ('(nnnientinj;'  npon  the  reply  which  I  retnrned  to  the 
in(|niry  contained  in  your  letter  of  the  2d  instant,  whether  the  Marouis 
of  Salisbury  wouhl,  in  order  to  promote  a  friendly  solution  of  the  fur- 
seal  (piestion,  agree  to  the  total  exclusion  of  B^isii  seaiers4'roni  the 
Hehring  Sea  during  the  present  tishery  season.  Ton  expi'esstlie  regret 
of  tlie  President  that  "his  considerate  and  most  friendly  pr()i)osaHbr 
the  adj»istm<'nt  of  all  tremble  connected  with  the  l»ehring  Sea  should  be 
so  i)roniptly  rejected." 

1  have  this  day  transmitted  a  (M)py  of  your  note  to  Lord  Salisbury, 
and  pending  furtiier  instructions  I  will  abstain  from  pursuing  the  dis- 
eussicm  on  the  varu)us  points  with  which  it  deals,  especially  as  the 
views  ot  IJer  IMajesty's  Clovernment  on  the  main  questions  involved  are 
stated  with  gr<'at  precision  in  L<ud  Salisbury's  <lispatch  of  the  l.*2d  of 
May,  which  I  had  the  Inmor  to  read  to  ycm  yesterday,  and  of  which,  in 
.accordance  with  your  desire,  I  left  a  co])y  in  ycmr  haiuls.  I  would  only 
observe  that  as  regards  the  sufficiency  ov  insutliciency  of  the  radius  of  10 
miles  around  the  i(»  k'ries  "within  which  Her  Majesty's  GovernnuMit 
proposed  that  sealers  '  '  be  exclmled"  no  opportunity  was  att'orded 
me  of  discussing  the  *,  m  before  the  proposals  of  Her  Majesty's 

Government  were  sumnmi    /  rejected. 

I  nmy  mention,  also,  that  I  fear  there  has  been  some  misapiu'ehension 
as  regards  a  re<iuest  which  you  appeal-  to  have  understood  me  to  make 
respecting  the  (late  of  the  sailing  of  ITnited  States  revenue-cutters  for 
Behring  Sea.  I  have  no  lecollection  of  having  made  any  suggestion 
with  reterence  to  those  revenue-cutters,  except  that  their  commanders 
should  receive  explicit  instructions  not  to  apply  the  municipal  law  of 
the  United  States  to  British  vessels  in  Behring  Sea  outside  of  territorial 
waters. 

I  have,  etc., 

Julian  Pauncefote. 


Sir  Julian  Fatmccfoie  to  Mr.  Blaine. 
[Extract  from  telegram  from  the  Mar(]iiis  of  Salisbury.] 

(Received  June  9, 1890.) 
Lord  Salisbury  regrets  that  the  Piesidentof  the  United  States  should 
think  him  wanting  in  conciliation,  but  his  lordshij)  can  not  refrain  from 
thinking  that  the  President  does  not  apjueciate  the  ditHculty  arising 
from  the  law  of  England. 

It  is  entirely  beyond  the  power  of  Her  Majesty's  Gov«'rnment  to  ex- 
clude British  or  Canadian  shi|)s  from  any  jtortion  of  the  high  seas,  even 
for  an  hour,  without  legislative  sancti(m.  Her  Majesty's  Government 
have  always  been  willing,  without  pledging  themselves  to  details  <m  the 
questions  «>f  area  and  date,  to  carry  on  negotiations,  hoping  thereby  to 
come  to  some  arrangement  for  such  a  ch)se  seascui  as  is  necessary  in 
order  to  preserve  the  seal  sjiecies  from  extinction,  but  the  itrovisiiyKS 
of  such  an  arrangement  would  always  require  legislative  sanction  so 
that  the  measiivris  ther<'by  determined  maybe  enforced. 

Lord  Salisbury  does  not  recognize  the  expressions  attiiluited  to  him. 
He  does  not  think  that  he  can  have  used  them,  at  all  events,  in  the 
context  mentioned.  ,/ 


PKOPOSED    INTERNATIONAL    Mi^ASFRKS,  1890. 
Mr.  Blaine  to  Sir  Julian  Pauncefote. 


221 


Department  of  Statk, 

Wasliinfffon,  June  11,  If^OO. 

Sir:  I  liave  shown  to  \\w  rresi«loiit  the  extract  tVom  th**  tt- Icyram  of 
Lord  Salisbury  of  June  t>,  in  whicli  liis  lordship  states  that  "it  is  bt'- 
yoiul  till'  power  of  Her  Majesty's  Government  to  exelude  liritisli  or 
t'anadian  sliips  from  any  portion  of  the  hiyli  seas,  even  for  an  hour, 
without  lejiislativ*'  sanction." 

Not  stopping  to  comment  upon  the  fact  that  his  lordship  assumes  the 
waters  surrounding  the  I'ribilof  Islands  to  be  the  '■'■  hij^h  seas,"  the 
President  instructs  me  to  say  that  it  wouhl  satisfy  this  (Jovernment  if 
Lord  Salisbury  would  by  juiblic  pro<'lamation  simply  request  that  ves- 
sels sailing  under  the  British  flag  shouhl  abstain  from  entering  the 
Behring  Sea  for  the  ]»resent  season.  If  this  re<inest  shall  be  conqdied 
with,  there  will  be  full  time  for  impartial  uegotiatitms,  and,  as  tlie  Presi- 
dent hop«'s,  for  a  friendly  conclusion  of  the  dittereiu'es  between  the  two 
govei'unients. 

1  have,  etc., 

James  G.  Blaine. 


m\ 


^ 


II 


; !' 


!"1 


"I  ii 


Sir  Julian  Vanncvfote  to  Mr.  Blaine. 

Washington,  June  11,  isf)0. 

Sir:  I  have  the  honor  to  acknowledge  your  note  of  this  day  with 
reference  to  the  passage  in  a  teh'gram  from  the  Marquis  of  Salisbury, 
which  I  communicated  to  you  atour  interview  of  the  iith  instant,  to  the 
effect  that  "itisbeyon<l  the  power  of  Her  Majesty's  (Joveinment  to 
exclude  British  or  Canadian  shii)s  from  any  portuni  of  the  high  seas, 
even  for  an  hour,  without  legislative  action." 

You  inform  me  that  without  commenting  on  the  fact  that  his  lordship 
assumes  the  waters  surrimnding  the  Pribilof  Islands  to  be  the  higli 
seas,  the  President  instructs  you  to  say  that  it  wouhl  satisfy  your  (lov- 
ernnuMit  if  Lord  Salisbury  would  by  public  jjroclamation  simply  request 
that  vessels  sailing  uiuler  the  British  Hag  should  abstain  from  entering 
the  IWdiring  Sea  for  the  present  season.  You  add,  if  this  request  shall 
be  eonqdied  with  there  wdl  befidl  time  for  impartial  negotiations,  aiul, 
as  the  President  hopes,  for  a  friendly  conclusicm  of  the  ditt'erences  be- 
tween the  two  governments. 

I  have  telegrajdied  the  above  communication  to  Lord  Salisbury,  and 
I  await  his  lordship's  instructions  thereon.  In  the  meanwhile  1  take 
this  opportunity  of  informing  you  that  I  reported  to  his  hu'dshij*,  by 
telegrajdi,  that  at  the  same  interview  I  again  presse«l  you  foi'  an  assur- 
ance that  British  sealing  vessels  would  not  be  interfered  with  in  tliQ 
Behring  Sea  by  the  United  States  revenue  cruisers  while  the  negotia- 
tions continued,  but  you  replied  that  you  could  not  give  such  assur- 
ance. I  trust  this  is  not  a  tinal  decision,  sind  that  in  the  course  of  the 
next  few  days,  while  there  is  yet  time  to  communicat«'  with  the  com- 
manders, instructions  will  be  sent  to  them  to  abstain  from  such  inter- 
ference. 

It  is  in  that  liop«>  that  I  have  delayed  delivering  the  formal  protest 
of  Her  Majesty's  ( 1  over ument  announced  in  my  note  of  the  L'.'Jd  of  May. 
1  have,  etc., 

Julian  Pauncefote. 


' 


■I  t( 


!   .'¥<: 


k'\ 


i 


222 


ril'LOMATir    CORRESPONDENCE. 


III 


if  1 

!  as! 

I 


Sir  Julian  Paunccfotc  to  Mr.  Blaine^ 

W\siiiN(}TON,  June  14,  If^OQ. 

Sir:  "Witli  roforoiicc  to  the  note  wliicli  I  lind  the  lionoi'  to  aihlicssto 
yoii  on  the  1 1th  instant,  I  desire  to  ex])i'ess  my  deei)  regret  at  havinfj^ 
faih'd  np  to  the  present  time  to  obtain  from  you  the  assuranee,  which  1 
had  hoi)ed  to  r»'ceive,  that  during  the  contiiinance  of  our  negotiations 
for  tlie  settlement  of  the  fur-st-al  iishery  (|uestion  Bi'itish  st-aling  vessels 
would  not  be  interfered  with  by  United  States  revenue  cruisers  in  the 
Behring  Sea  outside  of  territ<»rial  waters. 

JIaving  learned  from  statements  in  the  public  press  and  from  other 
sources  tiiat  the  revenue  cruisers  /»'h.s//  and  Coririn  are  now  about  to  be 
dispatched  to  the  Uehring  Sea,  I  can  not,  consistently  with  the  instruc- 
tions I  have  received  Vom  my  (Jovernment,  defer  any  longer  the  (tom- 
munication  of  their  formal  protest  anut)um'ed  in  my  notes  of  the  23d 
ultimo  and  the  11th  instant  against  any  such  interference  with  l>ritish 
vessels. 

1  have  accordingly  the  honor  to  transmit  the  same  herewith. 
J  have,  etc., 

Julian  rAUNCEFOXE. 


Ill 


.i>tt(ii 

'l|!'lii 

m 


? 


H  ;1 


[Inolosure.] 

Protest. 

(Received  June  14,  12:.35,  1890.) 

The  undersigned,  Her  Britannic  Majesty's  Envoy-Extraordinary  and 
Minister  IMeiiipoteiitiary  to  thelTnited  States  of  Anuuica,  has  the  honor, 
by  instruction  of  iiis  (Jovernment,  to  make  to  theHon.  .lanu-s  (1.  JJlaine, 
Secretary  of  State  of  the  United  States,  the  following  comnumication  : 

Her  liritannic  Majesty's  (Jovernment  have  learned  witii  great  con- 
cern from  notices  which  have  appeared  in  the  press,  and  the  general 
aiu'uracy  of  which  has  been  confirmed  by  Mr.  IJlaine's  statements  to  the 
undeisigncd,  that  the  (iovernment  of  the  United  States  have  issue<l 
instructions  to  their  reveiuie  ('ruisers  about  to  be  dispatched  to  Hehiing 
Sea,  un<U'r  which  the  vessels  of  British  sid)jects  will  again  be  exposed, 
in  tlie  i>rosecution  of  their  legitimate  industry  on  the  iiigh  seas,  to  un- 
lawful interference  at  the  hands  of  American  oflicers. 

Her  Britannic  Majesty's  (Jovernment  are  anxious  to  <'0(">perate  t()  the 
fullest  extent  of  their  jmwer  with  the(Jovernnu'nt  of  the  United  States 
in  such  measures  as  may  be  found  to  be  expedient  for  the  protection  ()f 
the  seal  fisheries.  They  are  at  the  present  moment  engaged  in  examin- 
ing, in  <'(mcert  with  the  (Jovernment  of  the  United  States,  the  best 
nu'thod  of  arriving  at  an  agreement  ujtonthis  point.  But  they  can  not 
admit  the  riglit  of  the  Uiuted  States  of  their  own  s<)le  motiiui  to  restrict 
for  this  i>urpose  the  freedom  of  navigation  of  Behring  Sea,  which  the 
United  States  have  themselves  in  former  years  convincingly  and  success- 
fully vindicated,  nor  to  enforce  their  nuuiu-ipal  legislation  against  Brit- 
ish vessels  on  the  high  seas  beyond  the  limits  of  their  territorial  Juris- 
«liction. 

Her  Britannic  Majesty's  Government  are  therefore  unable  to  pass 
over  without  notice  tlie  ])ublic  announcenient  of  an  intention  on  the 
jKirt  of  the  (Government  of  the  United  States  to  renew  the  acts  of  inter- 
ference with  British  vessels  navigating  outside  the  territorial  waters  of 
the  United  States,  of  which  they  have  previously  had  to  comidaiu. 


♦  .. 


■:!•  ( 


\y.l 


\ 


PKOroSED    INTERXATIONAK    MEASURES,  1890. 


223 


Tlio  uiultMsijincd  is  in  conscqiKMicc  instructed  formally  to  prot«'st 
aj-Jiinst  sucli  intcrfen'ncc,  and  t()  <U'claro  that  llcr  Hiitannic  Ma.j«'s(y's 
(lovenniicnt  must  iiold  the  (lovernment  of  the  I'nited  States  responsi- 
ble for  the  eonse(|ueiiees  that  may  ensue  fnmi  acts  which  are  contrary 
to  the  established  principles  of  international  law. 
The  undersigned,  etc., 

Julian  I'aunc'efote. 
June  14,  isoo. 


Ili! 


III  I 


?i 


Sir  Jtilian  Pamicefote  to  Mr.  lUabie. 

Washington,  Junv  T,\  i>^no. 

Sir:  I  did  not  fail  to  transmit  to  the  INIarquis  of  Salisbuiy  a  copy  «»t 
your  note  «>f  the  11th  instant,  in  whi<'h,  with  n'ference  to  his  lordship's 
statenn'ut  that  British  lef>islation  would  be  net-essary  to  enable  Her 
Majesty's  Government  to  exclude  Britisii  vessels  from  any  portion  oi 
the  hijih  seas  "even  for  an  hour,"  ymi  infornu'd  me,  by  desire  of  the 
I'resident,  that  the  I'lntcd  States  (lovernment  would  be  satisfied  'U" 
Lord  Salisbury  w<mld  l>y  pid)lic  prochnnati(»n  simi>ly  i'<''iiiest  that  ves- 
sels sailinji'  under  the  British  tla;i'  should  abstain  Irom  entering  the 
Behring  Sea  during  tlie  ])resent  season." 

I  have  now  the  hon(»r  to  inform  you  that  1  have  been  instructed  by 
Lord  Salisbury  to  state  to  ycai  in  reply  that  the  President's  recpiest 
])resents  constitutioiml  dithculties  whicli  would  preclude  ller  Majesty's 
Government  from  acceding  to  it, except  as  ])art  of  a  general  scheme  for 
the  settlement  of  the  l>ehring  Sea  controversy,  and  on  certain  condi- 
tions which  would  Jiistify  the  assumption  by  ller  JMajesty's  Govern- 
ment of  the  grave  responsibility  involved  in  the  proposal. 

Those  con(litions  are: 

I.  Tiiat  the  two  Governments  agree  forthwith  to  refer  to  aibitration 
the  <|uestion  of  the  legality  of  the  a<'ti(m  of  the  lJnite«l  States  Govern- 
ment in  seizing  or  otherwise  interfeiing  with  Ibitish  vessels  engaged 
in  the  IJehring  Sea,  outsideof  territorial  waters,  duiing  the  years  bS<S(), 
18S7,  and  1S81). 

II.  That,  i>ending  the  award,  all  interference  with  IJritish  scaling 
vessels  shall  absolutely  cease. 

III.  That  the  I'nited  States  (Jovernnient,  if  the  awanl  should  be  ad- 
verse to  them  on  the  question  of  legal  right,  will  compensate  Uritish 
subjects  for  the  h)sses  which  they  may  sustain  by  reason  of  their  com- 
pliance with  the  British  i)roclannition. 

Such  are  the  three  oonditions  on  which  it  is  indispensable,  in  the  view 
of  Her  Majesty's  Government,  that  the  issue  of  the  projxtsed  proclama- 
tion shouhl  be  based. 

As  regards  the  compensation  claimed  by  Her  Majesty's  Goverinuent 
for  the  losses  and  injuries  sustained  by  Britisii  subjects  by  reason  of  the 
action  of  the  United  States  Government  against  IJritish  sealing  vessels 
in  the  Behring  S<'a  during  the  years  IHSG,  is87,  and  18S!>,  I  have  already 
informed  Lord  Salisbury  of  your  assurance  that  the  United  States  Gov- 
ernment would  not  let  that  cl.aim  stand  in  the  way  of  an  amicable  ad- 
justment of  the  controversy,  and  1  trust  that  the  reply  whicli,  by  dir<'c- 
tion  of  Lord  Salisbury,  1  have  now  the  honor  to  n^tnrn  to  the  President's 
imiuiry,  nmy  facilitate  tlu'  attainment  of  that  object  for  which  we  have 
so  long  and  so  earnestly  labored, 
1  have,  etc., 

Julian  Paincefote. 


\  ( 


/ 


;i 


I, 


r  \ 


X 


W  ' 


224 


DIPLOMATIC    ('OHUESl'UNI)KNCE. 


^  i 


Vm 


CORRESPONDENCE  RELATIVE  TO  THE  JURISDICTIONAL  RIGHTS 
IN  BERING  SEA  FORMERLY  POSSESSED  BY  RUSSIA  AND  TRANS- 
FERRED TO  THE  UNITED  STATES  BY  THE  TREATY  OF  1867. 

Mr.  Blaine  to  Hir  Julian  Pauncefote. 

Depaktment  of  State, 

Washington,  June  30,  1H90.  ' 
Sir:  On  tlio  /itli  inataiit  you  road  to  me  a  dispatch  fnnu  Lord  Salis- 
bury dated  May  -w,  and  by  his  instnictioii  you  left  with  luc  a  copy.  Jli** 
]or<iship  writes  in  answer  to  my  dispatch  «)t'  the  2lM  January  last.  At 
tliat  time,  writiu};'  to  yourself  touchiu}?  the  current  contention  between 
th«'  (Jovernmentsof  the  Tnited  States  and  Great  IJritain  as  to  the  .juris- 
diction of  the  former  over  the  waters  of  the  liering  Sea,  I  nmde  the  fol- 
lowin;;'  statement: 

Tlic  (ioviTiiiiu'iil  of  th<'  Unitort  States lins no occaHion  and  no  dosiio  to  withdraw  or 
nuxlit'y  the  positions  which  it  has  at  any  time  iiiaintaiix'tl  a^ninst  the  claims  of  the 
I  III  I  It-rial  (iovcrnnu'iitof  Kiissia.  The  I'liited  States  will  not  withhold  from  any  nation 
the  piivilfjrcs  which  it  demanded  for  itself  when  Alaska  was  part  of  the  Knssian 
Km]>ii'c.  Xor  is  the  (iovernnient  of  the  I'nited  States  dis])osed  to  exercise  any  less 
jHiwcr  or  authority  than  it  was  willinji;  to  concede  to  the  Imperial  Oovernmont  of 
K'lissia  when  its  sovereijfiity  I'xtended  over  tin;  territory  in  i|nestion.  The  President 
is  persuaded  that  all  friendly  nations  will  concede  to  the  I'nited  States  thesanu!  riffhts 
and  priviiefjes  on  the  lands  and  in  the  waters  of  Alaska  which  the  same  friendly 
nalions  always  conceded  to  the  Empire  of  Kussia. 

In  answer  to  this  declaration  Lord  Salisbury  (contends  that  Mr.  John 
Quincy  Adams,  when  Secretary  of  State  under  President  Monroe,  lU'o- 
tested  ajuainst  the  Juris<lictiou  which  Russia  chiimed  over  the  waters  of 
Bering  Sea.  To  maintain  this  imsition  his  lordship  cites  the  words 
of  a  dispatch  of  Mr.  Adams,  written  on  July  2.'5,  182.'},  to  Mr.  Henry 
Middleton,  at  that  time  our  minister  at  St.  Petersburg.  The  alleged 
declarations  and  a<Imi8sions  of  Mr.  Adams  in  that  dispatch  have  been 
the  basis  of  all  the  arguments  w^hich  Her  Majesty's  GoverunuMit  has 
sid)mitted  against  the  ownership  of  certain  properties  in  the  Behring  Sea 
wiiieh  the  Governm«Mit  of  the  United  States  eonfidently  assumes.  1 
qu(>te  the  portion  of  Lord  Salisbury's  argument  which  includes  the  ([uo- 
tation  from  Mr.  Adams: 

After  Knssia,  at  the  instance  of  the  Rnssian  American  Fnr  Company,  claimed  in 
1S21  the  jmrsnits  of  commerce,  whaling,  and  tishing  from  Reining  Strait  to  the  lifty- 
tiist  degree  of  north  latitude,  and  not  only  prohibited  all  foreign  vessels  from  landing 
on  the  coasts  and  islands  of  the  above  waters,  but  also  prevented  them  from  ajt- 
])roachiiig  within  100  miles  thereof,  Mr.  Qnincy  Adams  wrote  as  follows  to  the  United 
Slates  Minister  in  Russia: 

'■The  I'nited  States  can  admit  no  part  of  these  claims;  the  right  of  navigation  and 
fishing  is  perfect,  and  has  been  in  constant  exercise  from  the  earliest  times  through- 
out the  wliole  extent  of  the  Southern  Ocean,  subject  only  to  the  ordinary  exceptions 
and  exclusicms  of  the  territorial  jurisdictions." 

The  quotcation  which  Lord  Salisbury  makes  is  unfortunately  a  most 
defective,  erroneous,  and  misleading  one.  The  conclusion  is  separated 
from  the  premise,  a  comma  is  turned  into  a  period,  an  important  <|uali- 
tication  as  to  time  is  entirely  erased  without  even  a  suggestion  that  it 
had  ever  formed  part  of  the  text,  and  out  of  eighty-four  words,  logically 
and  inseparably  connected,  thirty-five  are  dropped  from  Mr.  Adams's 
paragraph  in  Lord  Salisbury's  quotation.  Xo  edition  of  Mr.  Adams's 
work  gives  authority  for  his  lordship's  (luotatiou;  while  the  achixes  of 
this  Department  plainly  disclose  its  many  errors.    I  requote  Lord 


|1:i 


JURISDICTIONAL    RIGHTS    IN    IlKRINO    SEA. 


225 


SiilisiMiry's  version  of  what  Mr.  Adiiins  said,  ami  in  Juxtaposition  i)ro- 
duee  Mr.  Adams's  full  text  as  lie  wrote  it: 

I  Liircl  Salisliiiry's  i|iiiitiitioii  IViiiii  Mr.  AtliiiiiH.) 

The  I'liitcd  Sliitt's  <'aii  ixliiiit  no  purl  of  tlifsc  cltiiiiiM;  their  ri<flit  of  naviiiiitioiiiiiiil 
fi.sliiiiir  is  perfect ,  ami  has  hecii  in  ('(instant  cxcicise  tVoin  the  earliest  times  tliroii^rliiint 
the  whole  extent  <)!' the  Sontlieni  ((cean,  snitjeet  only  to  the  ordinary  exceptiuno  and 
excliiHioiiM  of  the  territorial  JuriHdictions.  ^ 


l''iill  te\t  (if  Mr.  Adiiiiis's  pai'n);riipli.] 


The  United  States  can  admit  no  jinrt  ot'tlieso  elninis.  Their  rifjht  of  navijijation  nnd 
fiflishinv:  is  )>ertect,  and  has  lieen  in  constant  exen^se  tVoni  the  earliest  times,  af'Irr 
Ihc  ixacc  11/  I7S'1.  Ihron^ihont  the  whole  extent  ol'tho  Sontlicrn  Ocean,  snltject  only  to 
the  ordinary  exceptions  and  exclusions  of  the  territorial  Jurisdictions,  irhivh  so  far  as 
Jliinni<iii  vi<ihlH  are  ciiiirfnicd,  are  ciiiijinetl  In  rcrtiihi  iHluiitln  iiurtli  of  ihc  JiJIij-Ji/di  dajrve 
of  latifiith;  and  have  no  ejiatviice  on  thevoiiliiunt  of  Amerka. 

TIio  \v()r<ls  ill  itidies  are  those  whicli  are  left  out  of  Mr.  Adams's  ])ara- 
{jrapli  in  tlie  dispatch  of  Lonl  Salisbury.  They  are  preeisely  the  words 
upon  wliieh  the  Governnieiit  of  the  lJnite(l  States  founds  its  aijjument 
in  this  case.  (Jondnsions  or  inferences  restinj;"  ujion  th<'  para^rapii, 
with  the  material  parts  of  Mr.  Adams's  text  omitted,  are  of  course  value- 
less. 

The  first  object  is  to  ascertain  the  true  meaniiifj  of  .Mr.  Adams's 
Avords  which  were  omitted  by  Lord  Salisbury.  "  Jtussian  ri;>lits,"  stiid 
Mr.  Adams,  "are  confined  to  certain  islands  north  of  the  fifty  fifth  de- 
}Xree  of  latitude."  The  islands  referred  to  are  as  easily  r<'coj;iiized  to- 
day as  when  Mr.  Adams  described  their  situation  sixty-seven  years 
aji'o.  The  best  known  amoii{>'  them,  both  under  Kussian  and  American 
Jurisdiction,  are  Sitkii  and  Kadiak;  but  their  whole  number  is  jtreat. 
if  Mr.  Atlams  literally  intended  to  confine  Hussian  iij>hts  to  those 
islands,  all  the  discoveries  of  Vitus  llehriiig  and  other  ji'icat  iia\  ijjators 
are  brushed  away  by  om'  sweep  of  his  pen,  and  a  large  chapter  of 
history  is  but  a  fable. 

Hut  Mr.  Adams  goes  still  farther.  He  declares  that"  Ifussian  rights 
have  no  existence  on  the  continent  of  America."  If  we  take  the  words 
«)f  Mr.  Adams  with  their  literal  nu-aning,  there  was  m»  such  thing  as 
"  IJussian  Possessions  in  America,"  altiuuigh  forty-fmii-  years  alter  Mr. 
Adams  wrote  these  words  the  United  States  jjaid  IJussia  ><7,2(M>,(MK» 
for  these  "  iipssessions"  and  all  the  rights  of  land  and  sea  connected 
therewith. 

This  cmistruction  of  Mr.  Adams's  language  can  not  be  the  true  one. 
It  wcmld  be  absurd  on  its  face.  The  title  to  that  far  northern  territory 
was  secure  to  Ivussia  as  early  as  1741;  secure  to  her  against  the  claims 
of  all  other  nations;  secure  to  her  thirty  seven  years  before  Cajitain 
Co<dv  had  sailed  into  the  Xinth  Pacific;  secure  to  her  more  than  half  a 
century  before  the  United  States  had  imule  good  her  title  to  Oiegoii. 
Kussia  was  in  point  of  time  the  first  ])ower  in  this  region  by  right  of 
discov<'ry.  Without  inunoderate  presumption  she  might  have  c'val- 
lenged  tlie  rights  of  others  tct  assumed  territorial  possessi(ms;  but  no 
nation  had  shadow  of  cause  or  right  to  challenge  her  title  to  tln^  vast 
region  of  land  and  water  which,  before  iAIr.  Adams  was  Secretary  of 
State,  had  become  known  as  tlu'  "  Kussian  Possessions.'' 

Mr.  Adams's  meaning  was  not,  theretore,  and  indeed  <'(mld  not  be, 

what  Lord  Salisbury  assumed.     As  against  such  interjuetatian  I  shall 

endeavor  to  call   his  lordshi]>'s  attention  to  what  this  (lovernmeiit 

holds  to  be  the  indisputable  mciining  of  Mr.  Adams's  entire  paragTaph. 

29 


t    i) 


h 


III 


.i  1 


i, 


226 


DIPLOMATIC     CORRKSPONDENCE. 


II      if" 


,i* 


"  .=* 


Jilil 


i 


ii! 


To  tliat  «'ih1  ii  l)ri«'i'  n'vi«'\v  of  (UTtiiin   public  traiisiU'tioiiH  aiid  ji  l>ri«'f 
riM'onl  of  ccifaiii  facts  will  Itc  necessary. 

At  tlic  close  of  tlic  year  17'.M>  the  Emperor  Tautby  aukase,  .isserted 
tlie  exclusive  authority  of  KMissia  over  the  territory  from  the  flehriiij;' 
Strait  down  to  the  fifty  tilth  dej-ree  of  north  latitude  on  the  American 
coast, following'  westward  ''by  the  Aleutian,  Kiirile.  and  other  islands" 
]»ra<'tically  incIosin«itheliehrin<iSea.  Totheliiissian  AmericanCompany 
Avhich  was  organi/ed  under  this  ukas«',  the  Eniperoi  gave  the  rij;ht  "to 
make  new  iliscoveries"  in  that  almost  unknown  rej;ion,  and  "to occupy 
the  new  land  discovered''  as  "Kussian  possessions.''  The  Kmpei'orwas 
assassinated  before  any  new  discoveries  were  announced,  but  his  suc- 
cessor, the  Emperor  Alcxaiuler  I,  inherited  theand)ition  and  the  purpose 
of  his  father,  and,  in  a  new  ukase  of  September  4,  l.SL*l,  asserted  the 
<'xclusive  authority  of  IJussia  fiom  IJj'hriny  Strait  siuitliward  to  the 
fifty-first  dej;ree  of  north  latitude  on  the  American  coast,  pro«'laiminf; 
bis  authority,  at  tin'  sanu'  time,  on  the  Asiatic  coast  as  far  south  as  the 
forty-lifth  de.uree,  and  forbiddin}>'  any  vessel  to  ai)i)roacb  within  100 
miles  of  land  on  either  continent.  I  (piott^  the  two  sections  of  the  ukase 
that  contain  the  (»rder  and  the  punishment: 

SixTioN  1.  i'liH  tiiinsfiction  <»f  coininerce,  aii<l  tlio  pursuit  of  whaling  ami  tiHliiiiK, 
or  nny  oMut  industry  on  tlio  JHlauilM,  in  tlu;  liai'liorH  and  inlctH,  and,  in  frent'ial,  all 
alonfj  t\u'  north  west  I'l'n  coast  of  America  I'roni  Ittdirin^'  Strait  to  the  lilty-lirst  iiaralle[ 
III'  northern  latitude,  and  likewise  on  the  Aleutian  Islands  and  alon^  the  eastern 
coast  ot'Silieria,  and  on  the  Knrile  IslandN;  that  is,  from  Mehrin^  Strait  to  the  south- 
ern promontory  of  the  island  of  t'rup,  viz,  as  far  soutlias  latitude  forty  five  defjrees 
und  lifty  minutes  mirth,  are  exclusively  reserved  to  8ul)Jects  of  tin*  Russian  Kmpire. 

Skc.  li.  Acc(U(lin<{ly,  no  foiei^tu  vessel  shall  bo  allowed  either  to  put  to  shore  at 
any  of  the  coasts  and  islands  under  Russiau  dominion  as  spccitietl  iii  the  jtrei'eding 
section,  or  even  to  :ip)>roach  (he  suuie  to  within  a  distauee  of  less  tlian  1(H)  Italian 
miles.  Any  vessel  coutraveniuj;  thi'j  provision  shall  be  subject  to  coniiscation  with 
her  wlude  caryo. 

Against  thi,s  larf/vr  claim  of  (luihonty  (viz,  extending;  farther  south  on 
the  American  coast  to  the  fifty-firstdegree  of  north  latitude),  Mr.  Adams 
vigorously  protested.  In  a  disjtatch  of  March  .K),  1822,  to  Mr.  Poletica, 
the  Kussian  minister  at  Washingtim,  ]Mr.  Adams  said: 

This  ukase  now  for  the  lirst  time  extends  the  claim  of  Russia  on  the  northwest 
coast  of  America  to  the  olst  dejiree  of  noith  latitiule. 

And  he  pointed  ont  to  the  linssian  ndidster  that  the  only  foundation 
for  the  new  i>ret«'nsion  of  Russia  was  the  existence  of  a  small  settle- 
ment, situated,  not  on  the  American  continent,  but  on  a  »mall  island  in 
latitude  ."iT^ — Novo  Archangelsk,  now  known  as  Sitka. 

Mr.  Adams  ]U'otested,  not  against  the  ukase  of  Paul,  but  against  the 
ukase  of  Alexander;  not  wholly  against  the  ukase  of  Alexander,  but 
only  against  his  extended  claim  of  sovereignty  southward  on  the  con- 
tinent to  the  fifty- first  degree  north  latitude,  in  short,  Mr.  Adcams pro- 
tested, not  against  the  old  possessions,  but  against  the  new  pretensions 
of  Jiussia  on  the  northwest  coast  of  America — pretensions  to  territory 
claimed  by  the  United  States  and  frecjuented  by  her  mariners  since  the 
peaci'  of  1783— a  specification  of  time  which  is  drojiped  from  liOrd  Salis- 
bury's ([uotation  of  Mr.  Adams,  but  which  Mr.  Adams  pointedly  used 
to  fix  the  date  when  the  jtower  of  the  United  States  was  visibly  exer- 
cised on  the  coast  of  the  Paciti<'  Ocean. 

The  names  and  i)hrases  at  that  time  in  use  to  describe  the  geography 
inchnled  within  the  area  of  this  dispute  are  confusing  and  at  certain 
l)oints  apparently  contradi«'tory  and  irrec<mcilable.  ]Mr.  Adams's  denial 
to  Russia  of  the  ownership  of  tertitory  on  "the  continent  of  America" 
is  a  fair  illustration  of  this  singular  contradiction  of  names  and  idaces. 


JURISDICTIONAL    RIGHTS    IX    IU;i!IN(i    SKA. 


'227 


I! 


Ill  tlic  siniKi  wiiy  tlie  phrase  '•  Noitlnvrst  C«mst''  will  lie  Ihniid,  bcyniul 
all  possihh'  doubt,  to  liavf  Ixmmi  us»'d  in  two  sniscs,  one  inrhulin;;  the 
iiorthwi'st  i'oast  of  the  Hnssian  i>oss«'ssions,  and  one  to  describe  the 
eoast  whose  northern  limit  is  the  sixtieth  parallel  ol'  north  latitude. 

It  is  very  plain  that  Mr.  Adams's  phrase  "the  continent  of  America," 
in  his  reference  to  Hussia's  possessions,  was  used  in  a  trrritnriiil  sense, 
and  not  in  w  (ftofirtiiiliioil  seusv.  lie  was  drawin;i  the  distinction  i»e- 
tween  the  territory  of  "  America  "  and  the  territory  of  the  •' Knssi^in 
)(ossessions."  Mr.  Adams  did  not  intend  to  assert  that  tiiese  territorial 
liyhts  of  Kiissia  had  no  existence  on  the  continent  of  North  America. 
lie  meant  that  they  did  not  exist  as  the  ukas»'  of  the  Knipeior  .Mexan- 
dei'  had  attempted  to  establish  them — southward  of  the  Aleutian  penin- 
sula and  on  that  distin<;tive  part  of  the  continent  elainuMl  as  the  ter- 
ritory of  the  I'nitj'd  States.  "  Anu'rica"  and  the  ''  I'nited  States"  were 
then,  as  tlu'y  are  now,  commonly  used  as  synonymous. 

r>ritish  statesmen  at  the  tinn*  used  the  phi-a.se  precisely  as  Mr.  Adams 
did.  The  possessions  of  the  Crown  were  ^icnerically  termed  llritish 
Ainnicti.  Great  Britain  and  the  Tnited  States  harmonized  at  this 
point  and  on  this  territorial  issue  aj^ainst  liussia.  Whatever  disputes 
mijiht  be  left  by  these  negotiations  for  subse(|uent  settlement  between 
the  two  jtowers  there  can  be  no  doubt  that  at  that  time  they  had  a 
common  and  very  strong  interest  against  the  territorial  aggrandiz«>- 
ment  of  Russia.  The  British  use  of  the  phrase  is  clearly  seen  in  the 
treaty  betwi'cn  (ireat  Britain  and  Russia,  negotiated  in  18L'r»,  and  re- 
ferred to  at  length  in  a  subsequent  portion  of  this  dispatch.  A  pub- 
licist as  (Muinent  as  Strattbrd  Canning  opened  the  third  article  of  that 
treaty  in  these  desciiptive  w<nds: 

'I'lif  line  ot'dciiiari'iitiou  hetwenn  tlie  possisssioiis  of  the  liiy;li  ('Dntnictiiiu;  )>;irtie8, 
ii])!)!!  the  const  of  thofOiitiiieiit,  and  the  i'sliiuiLs  of  America  to  tin- iiortliwusl.    »    "     » 

]Mr.  Canning  evidently  distingiushed  "the  islands  (»r  America"  from 
the  ''islands  of  the  Itussian  pos.sessions,"  which  were  far  more  nunu'r- 
«>us;  and  by  the  use  of  the  phrase  "/o  the,  nortlncfst  ^\\nst  as  evidently 
linute<l  the  coast  of  the  coHtimnt  as  Mr.  Adams  limited  it,  in  that  di- 
re<'tion,  by  the  Alaskan  peninsula.  A  concurn'uce  of  opinion  betwj'cii 
.lohn  (^uincy  Adams  and  Stratford  Canning,  t(MU'hing  any  public  (|ues- 
tion,  left  little  room  even  for  suggesti<m  by  a  third  i)erson. 

It  will  be  observed  as  having  weighty  significance  that  the  Russian 
ownership  of  the  Aleutian  au«l  Kurile  Islands  (which  border  and  (tlose 
in  the  Behring  Sea,  and  by  the  dip  of  the  peninsula  are  several  degrees 
south  of  latitude  55)  was  not  disputed  by  Mr.  Adams,  and  could  not 
possibly  have  been  referred  to  by  him  when  he  was  limiting  the  island 
l»ossessions  of  liussia.  This  is  but  another  evidence  that  Mr.  Adams 
was  making  no  question  as  to  Kussia's  ownershii>of  all  territory  border- 
ing on  the  Behring  Sea.  The  contest  pertained  wholly  to  the  territory 
on  the  Jforthwest  Coast.  The  Emperor  Paul's  ukase,  declaring  his  sov- 
ereignty over  the  Aleutian  and  Kurile  Islands,  was  never  (luestioned  or 
denied  by  any  i>ower  at  any  time. 

Many  of  the  acts  of  Mr.  Adams's  public  life  iviiived  inti'rcsting  com- 
mentary and,  where  there  was  doubt,  lumincms  inter])vetation  in  his 
personal  diary,  which  was  carefutly  kept  from  June  3, 1794,  to  .lanuary 
1,  1848,  inclusive.  The  present  case  attbrds  a  hai)py  illustration  of  tln^ 
corroborative  strength  of  the  diary.  During  the  progress  of  this  corre- 
si)ondenee  Baron  Tuyll,  who  had  succeeded  Mr.  Toletica  as  Russian 
Minister  in  Washington,  called  upon  Mr.  Adams  athisotticeon  .July  17, 
1823,  six  days  before  the  date  of  the  dispatch  upon  which  1  have  been 


III' 


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228 


DIPLOMATIC     COI!Rr,SPONDE>CE. 


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t 

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1 

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i  i 

«'<>ii!!:i('iititi^',  uihI  u|m>ii   wliit-li  Loitl  Siilisbiiiy  it'lics  tor  si)>t:iiiiiii^  liis 

«'<>iitnitioii  ill  r(';>iir<l  tit  the  l>«'lii'iii<>  S(>:i.     Dining  iiii  iiiiiiiiiitcil  coiivcr- 

siitioii  oC  an   lioiir  or  iiioit-  bctwt'cii  Mr.  Adams  aiiil   ISaroii  Tuyll,  the 
loriiMM'  said : 

I  hilil  ItiiiiHi  Tiiv  11  sin'ciiilly  tliiit  \vc  hIioiiIiI  (iiiiitcst  tlm  vlaht  tif  {{iisMJa  to  uny  tor- 
riluri;il  I'stalili.Hlimcnt  on  this  i-niitiiirnt.     »     •     • 

It  will  Im'  ohscrved  iliai  Mr.  Adams  iisos  the  same  phrase  in  his  <'oii- 
vei'satioii  that  lias  misled  Kii;;lish  statrsmcii  as  to  tlic  true  scope  and 
iiieaiiiii;^  of  his  dispatch  of  -Inly  23,  isi'.'i.  When  he  de(dar«'d  that  \vt< 
should  "('(Hitest  the  rijiht  «d'  IJiissia  to  any  territorial  establishment  on 
this  coiitiin'iit"  (withthe  \vord*'any''  itali«'i/,ed),  luMio  more  meant  that 
we  should  attempt  to  drive  Uussia  from  her  ancient  possessions  than 
that  we  should  attt>mpt  to  drive  l<iii}j;land  from  the  ownership  of  Canada 
or  No\a  Scotia.  Such  talk  would  liave  been  absurd  j;asconade  and  Mr. 
Adams  was  the  last  man  ti»  iiidulp:ti  in  it.  Ilis  true  meaiiiii};',  it  will  be 
seen,  comes  out  in  the  next  senteiM'c,  when  he  deelar«'s: 

1  tdlil  l$;ir(>n  Tiiyll  tluit  we  hIioiiIiI  iissmin'  ilistiiii'tly  the  |iriii('i|ilf  thiif  tlit'  Aiiit'ri- 
(Niii  contiiit'iits  iirr  III)  li)i|i;'i>i'  siiltJiM-ts  tor  :iiiy  new  Kiir(>|ican  coloiiial  cstiililisliiii'Mits. 

Ill  the  messajt'e  of  l*resi<leut  Monroe  to  the  in'xt  Conjiress  (the  l^ij^ht- 
eentli)  at  its  lirst  session,  heeember  2,  1.S2.J,  he  announced  that  at  the 
proposal  of  the  liussiau  (Jovernment  the  Tnited  States  had  agreed  to 
"airanjie  by  amicable  ne<j'otiatioiis  the  r«'spectiv<'  iij;hts  and  iuti'rests 
of  the  two  nations  on  tlu^  Northwest  Coast  ol"  this  continent."  A.Ni::iilar 
jiroposal  had  lieen  made  by  liussia  todreat  Britain  and  had  b«'eu  likewiiH' 
aji'reed  to.     The  ne;;'otiatious  in  both  cases  were  to  be  at  St.  I'etersburg. 

It  was  in  connection  with  this  subject,  and  in  the  same  paragraph, 
that  President  .Monroe  spoke  thus: 

In  till-  (lisi'iissioiiH  to  wliicli  this  inttTt^st  lias  jjiviMi  rise,  and  in  tlie  arranj^tMiumtH 
t»y  wliicli  they  limy  tcniiiiiatt',  tlif  oi'ciisioii  lias  Ixu'u  .iiiil;j;c'il  proper  for  asscrHiiji,  as 
a  priiiriple  iu  which  the  rijjlits  and  iiitt'i-csts  of  tlii'  I'liili'd  States  are  involved,  that 
tlic  .Imcriciin  conlhniiln,  />//  the  fvvr  and  hrlriieniliiil  citniUlion  wliicli  tlici/  have  anHiimed  and 
mainla'uicd,  are  hciUT/nrlh  not  to  be  cumiidered  an  iiitbjvol»  for  future  colinhation  hy  uiiy 
Knro^wnii  power. 

This  v«'ry  brief  decrlaration  {i^l  fact  merely  the  thr«'e  lines  italicized 
constitute  the  famous  ''Monroe  doi'trine.''  Mr.  xVdams's  words  of  the 
•Inly  ))recediiiin'  clearly  foreshadowed  this  ])osition  as  the  i)ermanent 
policy  of  the  Ciiited  States.  The  de<'larati«)n  removes  the  last  doubt, 
if  room  for  doubt  had  been  left,  that  the  reference  made  by  Mr.  Adams 
was  to  the  future,  and  had  no  possible  c(uiiiection  with  the  Knssian 
rights  existing;'  for  three-([uarters  of  a  century  before  the  dispatch  of 
182.J  was  Avrittt'U. 

It  was  evident  from  the  first  that  the  detc^rmined  attitude  of  the  United 
States,  subsecpiently  supjMU'ted  by  (rreat  Britjiin,  would  jireveiit  the 
extension  of  Russian  territory  scuithward  to  the  tiftyfirst  parallel.  Tlu' 
ti'eaties  which  were  the  result  of  the  meetinjiat  St.  Pet«'rsburf»',  alieady 
noted,  marked  the  surrender  ou  the  part  of  Russia  of  this  pretension 
and  the  conclusion  was  a. joint  aji'reement  that  ol  defjiees  'ind  40  niiii- 
ntes  slumld  be  taken  as  the  extreme  southern  boundary  of  Huss'a  on 
the  Northwest  Coast,  instead  of  the  tifty-tifth  def>ree,  which  was  ]>ro- 
claimed  by  the  Emperor  Paul  in  the  ukase  of  17!)J>. 

The  treaty  between  Russia  and  the  Uiiit»'d  States  was  conclude'!  on 
the  17th  of  April,  1824,  and  that  between  Russia  and  (rreat  Rritaiu,  ten 
months  later,  ou  the  l(»th  ot  February,  IS'2'k  In  both  treaties  R  issia 
acknowledges  r)4  40  as  the  dividing  line.  It  was  not  determined  whlcii 
of  the  two  nations  owned  the  territory  tiom  54  40  down  to  the  forty-ninth 


ji'  f 


•  I 


JURISDICTIONAL    RIGHTS   IN   BERING   SEA. 


229 


'  1'?  I 


]>ariin«'1, 1111(1  it n'liiiiincii  in  <ljspiit<'l)«'t\v«>eii<fre>itBritain:iiiil  tli»  rnitt'd 
StiitJ's  until  its  tinal  iKljiistiiuMit  l>.v  the  "Oregon  treaty,"  nejjntiatcd  l»y 
Mr.  Kiichanan  an<l  Mr.  I'akeniiani  inwier  the  adtninistration  of  Mr.  INiik 
in  IS4(». 

The  (loverninent  of  the  {Tnited  States  lias  steadMy  maintained  that  in 
neither  of  these  treaties  with  K'lisisia  wiis  thereanyattern|>tat  re;;'idatiii}; 
or  ('ontrollin;*',  or  even  asserting  an  interest  in,  the  Itnssian  possessions 
and  the  llelirin};'  Sea,  whieh  lie  far  to  tlie  n«>rtli  and  west  of  th«'  terri- 
tory wiiich  formed  the  basis  of  tiie  contention.  This  eonehision  is  in- 
disputably i>roved  by  the  protocols  whieh  were  sijiiied  duriii<;the  pro;;- 
ressofthe  negotiation.  At  the  fouitli  i-onferenee  of  the  pleidpoten- 
tiaries,  on  the  8th  day  of  March  (IHL'4),  the  American  MiiMst«'i',  Mr. 
Henry  Middleton,  submitted  to  the  liussiun  represt'utative,  Count  Ni'S- 
selrode,  tiie  following: 

'I'lic  iliiininioii  can  not  Ix*  iii'(|nir<'il  Init  )iy  a  rt>al  occnpiition  and  jxiHSfssion,  and  an 
inti'ntion  (aniniiiM)  to  t'stalilish  it  is  Ity  nu  nu-ans  snlHrii-nt. 

Now,  it  is  clear,  according  to  tlif  lacts  cstaldishrd,  tliat  iit-itlicr  Knssia  nor  any 
other  Kiiropean  power  lias  the  ri^ht  of  dominion  npon  the  continent  of  America  liu- 
tweeii  the  (iftieth  and  Hixtieth  (ie<rrees  of  north  latitnde. 

Still  less  has  she  the  dominion  of  tiie  adjacent  inaritiiiie  territory,  or  of  the  sea 
which  washes  these  (umsts.  u  dominion  whicli  is  only  accessory  to  the  tim  territorial 
dominion. 

Thereforu  she  has  not  the  ri<;ht  of  exclusion  or  of  admission  on  these  coasts,  nor 
in  these  seas  which  are  free  seas. 

The  rijjlit  of  navigiitinj;  all  the  free  seas  helon^is,  by  natural  law,  to  <fvery  iiiile- 
pendent  nation,  and  even  constitutes  an  essential  part  of  tli's  independence. 

The  I'nited  States  liave  exercise(  navi<ration  in  the  seas  and  commitri-u  upon  the 
coasts  ahove  mentioned,  from  the  time  of  their  independence;  and  they  have  a  ])cr- 
fect  ri<;lit  to  this  navigation  and  to  this  commerce,  an<l  they  cAii  only  he  «lepriv(Ml  of 
it  liy  their  own  act  or  liy  a  convention. 

This  is  a  clear  i)roof  of  what  is  denuujstrated  in  other  ways,  that  the 
whole  dispute  between  the  Tuited  States  and  Russia  and  between  (ireat 
Britain  and  Russia  related  to  the  Xorthwest  Toast,  as  Mr.  Middlettm  ex- 
presses it,  between  the ''tiftieth  ami  the  sixtieth  degrees  ot  north  latitude." 
This  statenuMit  is  iu  perfect  harmcmy  with  Mr.  Adams's  paragraph  wlu'U 
given  iu  full.  "  The  United  States,"  Mr.  Midtlleton  insists, ''  have  exer- 
cised navigation  in  the  seas  ami  commerce  ui)on  the  coasts  above  men- 
tioned, from  the  time  of  their  independence;"  but  he  does  not  say  one 
word  in  regard  to  our  pos.sessing  any  rights  of  navigation  or  commerce 
in  tlie  Belu'ing  Sea.  He  declares  that  "Ku.sgia  has  not  tht^  right  of  ex- 
('lusion  or  admission  on  these  coasts  |  between  the  tiftietli  and  sixtieth  de- 
grees north  latitude]  nor  iu  these  seas  which  are  free  seas,"  evidently 
emjdjasizing  "free"  to  tlistiuguish  tho.se  seas  from  the  Behring  Sea, 
which  was  recognized  as  being  under  Russian  restrictions. 

Mr.  Middleton  wisely  and  conclusively  maintained  that  if  Russia  had 
no  claim  to  the  continent  l)etween  the  tiftieth  and  the  sixtieth  degrees 
north  latitude,  "  still  less  c(mld  she  have  the  dominion  of  the  adjacent 
maritimeterritory,"or,  tinuake  it  iiuu-e  specific,  "of  the  sea  which  washes 
these  coasts."  That  sea  was  t'«e  Great  Ocean,  or  the  Pacific  Ocean,  or 
the  South  Sea,  the  three  names  being  equally  u.sed  tor  the  same  thing. 

The  language  of  Mr.  Middleton  plainly  shows  that  the  lines  of  lati- 
tmle  were  used  8imi>ly  to  indicate  the  "  dominion  "  on  the  coast  between 
the  fiftieth  and  sixtieth  parallels  of  north  latitude. 

The  important  dechirations  of  Mr.  Middleton,  which  interpret  and 
enforce  the  contention  of  the  United  States,  should  be  regarded  as  in 
disputable  authority,  from  the  fact  that  they  are  but  a  parajdirase  of 
the  instructions  which  Mr.  Adams  delivered  to  him  for  his  guidance  in 


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230 


DIPLOMATIC    COKRKSiPON  1  )E\CE. 


'•.ejiotiatiii};  the  trc.ity  with  ('ouiit  Xrssehoile.  Beyond  all  «lonbt  thoy 
l)rove  that  Mr.  Adams's  meaning;  was  the  reverse  of  what  Lord  Salisbury 
inters  it  to  be  in  the  paraj^raidi  of  which  he  ([noted  only  a  i>art. 

Th(^  four  principal  artich's  of  the  treaty  negotiated  by  Mr.  Middletiui 
are  as  follows: 

Akt.  I.  It  is  UfjnMMl  that,  in  any  iiartf)f  the  Great  Ocean,  coininonly  citllcd  tin-  Pa- 
cific Ocean  or  SDiitii  Sea,  tlie  resiicclive  citizens  or  subjects  of  tlie  l;'t;h  coutriictin<r 
powers  sliall  lie  neither  (listiirhcil  nor  restraiiicil.  either  in  navigation  or  in  tisliiny,  or 
in  the  power  ol"  rcsortiiifi;  to  tlio  coasts,  npon  points  whicii  may  not  alreatly  have  Iteeii 
occn))ie<l.  for  the  piirjiose  ot'ti'ailinj;'  witli  the  natives,  savinf^  ahvay.i  the  restrictions 
and  conilitions  deteriniiKM)  by  tlie  i'ollowinsi' articles: 

Art.  II.  With  a  view  of  preventinj'-  tlie  riKl'ts  of  navi<tati<.n  and  of  tishinji;  exer- 
cised npon  the  (ireat  Ocean  liy  the  citizens  i;nd  snhjects  of  tiie  lii;;h  C'lntraciinjr 
powers  from  Ix'cominj;  tlie  pretext  for  an  illicit  trade,  it  is  ajfreed  that  tlie  citizens 
of  the  I'liited  States  shall  not  resort  to  any  jioint  where  there  is  a  h'nssian  estalilisli- 
iiieiit.  withont  the  ])erniission  of  the  jiovernor  or  comniander;  and  that.  reci])rocally. 
the  siiltjects  of  Russia  sliall  ii')t  resort,  withont  ])eruiission.  to  any  establishment  of 
the  United  .States  upon  the  Northwest  Coast. 

Aur.  III.  It  is  moreover  ajiieed  that,  hereafter. there  shaM  not  be  formed  liy  thecit- 
izeiis  of  the  I'nited  States,  oi  under  the  authority  of  the  said  States,  any  establish- 
iiieiit  U)ion  the  Nortliwest  Coastof  America,  nor  in  any  of  tlie  islands  adjacent,  to  (he 
north  of  lifty-foiir  decrees  and  forty  iiiinntes  of  north  latitude;  and  thiit,  in  the  same 
inanner.  tliere  shall  lie  none  formed  by  Itussian  snl)Jects,  or  under  the  aiitliority  of 
Kiissiii,  south  of  the  same  parallel. 

Aitr.  IV.  It  is.  nevertheless,  understood  that  during  a  term  of  ten  years,  coiintinu; 
from  the  sij^natiire  of  the  |»resent  convention,  tlie  ships  of  both  jiowers,  or  which  be- 
loii}'' to  their  citizens  or  subjects,  res|)ectivel\ .  may  reciprocally  fre(|nent,  without 
any  hindrance  whatever,  the  interior  seas,  jjiilfs,  harliors,  and  creeks  upon  the  i-oast 
mentioned  in  the  piecedinj;  article,  for  rhe  purpose  of  lishing  and  tratling  with  the 
natives  of  the  country. 

The  first  article,  by  cav^'fuHy mentioning  the  Great  Ocenn  and  describ- 
ing  it  as  the  ocean  "■connnonly  called  the  Pacific  Ocean  or  South  Sea," 
evidently  meant  to  distinoiii.sii  it  from  some  other  body  of  water  with 
which  the  negotiators  did  not  wish  to  confuse  it.  .Mr.  .Vdams  used  the 
term  "South  Sea"  in  tlie  dispatch  quoted  by  Lord  Salisbury,  and  used 
it  with  the  same  discriminating  knowledge  that  prevades  his  whole  ar- 
gument on  this  (piestion.  If  no  other  body  of  water  existed  within  the. 
possible  scope  of  the  treaty,  sucii  particularity  of  dciscription  wimld 
have  had  no  logical  mciining.  iiut  there  was  another  body  of  water 
already  known  as  the  liehring  Sea.  That  name  was  first  given  to  it  in 
1817 — according  to  Englisli  authority — s«'ven  years  before  tlic  American 
treaty,  and  eight  years  before  the  IJritish  treaty,  with  K'ussia:  but  it 
had  been  know  n  as  ti  sea,  separate  from  the  ocean,  under  the  names  of 
the  Sea  of  Kamchatkn.  the  Sea  of  Otters,  or  the  Aleutiai!  Sea,  at  dift'er- 
.  ent  periods  before  the  {''mperor  I'aul  issued  his  nka.se  of  171M> 

The  second  article  plainly  shows  that  the  treaty  is  limited  to  the 
Great  Ocean,  as  separate  from  the  liehring  Sea,  becau.se  the  limitation 
of  the  '*  Northwest  Coa.st"  between  the  fiftieth  and  .sixtieth  degrees  could 
apply  to  no  other.  That  cotist,  as  defined  both  by  American  and  IJritish 
negotiators  at  that  time,  did  not  border  on  th«  IJehring  Sea. 

The  third  article  shows  the  compromise  as  to  territoriiil  sover«'ignty 
ontheXorthwest  Coast.  Tlie  IJ^nited  States  and  Great  Uritain  hiidboth 
claimed  that  Russia's  Just  boundary  on  the  coast  termiuiitcd  at  the 
sixtieth  degree  north  latitude,  the  southern  border  of  the  Aleutiiin  penin 
sula.  Hius.sia  cliiimed  fo  the  fifty-first  ])arallel.  They  made  a  compro- 
mise by  a  nearly  emnil  division.  An  exactly  e.iual  division  would  have 
given  Russia  54  .'JO;  but  10  miles  farther  ncu'th  Prince  of  Wales  Islainl 
]>resent«'d  a  beft<'r  gcograiihical  jioint  for  division,  and  Russia  accepted 
a  little  less  than  Inilf  the  cotist  of  whi<!h  she  had  claimed  all  and  o-4  40 
was  thus  established  as  the  dividing  point. 


i 


)li 


JlTHISl»ICTIONAL    UIOIITS    IN    RHRING    SEA. 


231 


Tlic  touitli  iiitich;  of  tlio  troaty  necessarily  givw  out  of  tlie  claims  of 
Hussia  to  a  share  of  tlie  Nortlnvest  Coast  in  dispute  l)et^^  ecu  the  United 
States  an<l  (Ireat  liiitain.  ]\lr.  Adams,  in  the  instruetion  to  Mr.  Mid- 
dieton  so  oiten  referred  to,  says: 

liy  the  tliinl  article  of  tlie  couveiitioii  between  tlie  Unitetl  .Stiitcs  aud  Great  Hritaiu, 
«)f  tlie  l-'Otli  of  October.  1X18,  it  was  ay:rec(l  tliiit  aiiv  (•oiiiiiry  tliat-  iiiiy;lit  be  elaiiiied 
by  citlur  iiarty  on  the  Northwest  Coast  of  America,  westw;:.nl  ot'  tlie  Stony  Moiiiitains, 
should,  tojretlicr  with  its  harliors,  bays,  and  creeks^  and  rlie  iia\i<ration  of  all  rivci-s 
williin  the  same,  bi'  free  and  oi)Oii  for  the  term  of  ten  years  Ironi  thai  date,  to  the 
ves.sel>.  citizens,  and  siibjeets  of  the  two  powers,  without  prejudice  to  tbe  claiuia  '-f 
either  party  or  of  any  otlier  state. 

Von  are  antiiori/ed  to  ]iro)to8e  an  article  ot' the  same  import  for  a  term  ■.ii  Ten  years 
from  the  sijiiiature  of  a  joint  convention  between  the  I'nited  States,  (incui  Britain, 
and  liiissia. 

It  will  be  ob.served  that  the  fourth  article  relates  solely  to  thf  ••North- 
west Coast  of  Amerii-a"  so  well  nndeistootl  its  the  Coast  of  r^iie  I'acilic 
Ocean,  between  the  fiftieth  ui:d  the  sixtieth  dejiiees  north  latitude,  and 
therefore  does  not  in  the  remotest  dej;Tee  touch  tiie  JJehriny  Sea  or  the- 
land  bordering-  tijion  it. 

The  several  articles  in  the  treaty  between  (Jreat  ]>ritain  and  Kussia, 
I'ebriuivy  16,  ISlTi,  that  could  litive  any  bearing  on  the  pendiujj,'  conten- 
tion are  as  folhtws: 

Artich's  1  and  II.  (Snbstiintiiilly  the  same  as  in  the  treaty  between 
liussia  and  the  Unitetl  States.) 

AiJTK'i.i;  III.  The  liiieof  demareation  between  thii  iiosHessionsof  tlieliiti;li  eontract- 
in;i'  i>ai  tics,  upon  the  coast  of  the  continent,  aii<l  tin-  islands  of  America  to  tbe  north- 
we^t  siiall  be  drawn  in  the  inaiiner  foljowinj;-: 

('onnnci.ciiii;  from  tlie  sontliernmost  point  of  the  island  called  l'rin<'e  of  Wale8 
Island,  wliicli  jioint  lies  in  the  parallel  of  .")!  de^i'rces  Id  minutes  north  latitude, 
and  between  the  one  linndreu  and  tliirt\  -tirst  and  the  mu;  liiiiidrcd  and  thirty-third. 
dej;it'e  ( f  west  lonji'itnde  (meridian  of  (irceiiwicli),  the  said  line  shall  ascend  to  the 
north  aloii};  the  ch;innel  I'alled  I'orihind  Channel,  as  far  as  the  |)oiiit  of  the  continent 
wlicic  !  strikes  the  tifry-sixth  dejrree  cd'  north  latitude ;  fr'nn  tliis  last-nientioiicd 
point  iiic  line  id'  d(Miiarcation  shall  I'ollow  the  summit  of  the  inonntains  situated 
parallel  tn  the  coast  as  far  as  the  ])oint  of  intersection  id'  the  one  hun<lrcd  and  forty-' 
tirst  dcii'ce  of  west  loiifjitude  (of  the  same  meridian );  and.  iinally.  from  the  said- 
point  iir  intersection  the  said  meridian  line  of  the  one  hundred  and  forty-tirst  denreo 
in  its  pr-tdon^at ion  as  far  as  the  Fro/.cn  Ocean  shall  foiin  the  limit  between  the  Kiis- 
sian  aiul  Ih'itisli  possessions  on  the  coiilineiit  of  America  t(>  the  northwest. 

Article  V.  (SuV)stantiitlly  the  same  as  Article  1 II  of  the  treaty  between 
Kussiii  and  the  Unitetl  States.) 

AiMi'i  r.  \'I.  It  is  understood  that  the  subjects  of  His  Mritannic  Majesty,  from 
wiiat.  V  <M- (|uartei-  they  may  arrive,  whether  l'i-om  the  ocean  or  from  the  interior  (d' 
the  eiiiitinent,  shall  forever  enjoy  the  rijfht  of  naviyatin;^  freely  and  without  any 
hiiiili-aiice  whalever  all  the  rixi'is  and  streams  which,  in  their  conise  towards  the 
I'aeitie  ( )ee:iii.  may  cross  the  line  of  demarcation  upon  the  line  of  coast  described  in 
.\rtiele  111  of  I  he  |iresent  convent  ion. 

Amici.i--.  Nil.  It  is  also  understood  that,  for  tlii>  spai-e  (d'ten  years  from  the  si-iiia- 
tiire  id' the  ]iiesent  convention,  the  vessels  of  the  two  powers,  or  those  be]onnin<;  to 
their  respective  subjects,  shall  iiiutually  lie  at  lilierty  to  frei|nciit  without  any  hin- 
drance »  hatcver  all  the  inland  seas,  the  ;.;ii!i't  havens,  and  creeks  on  the  coast  men- 
tioMMl  in  .Vrticle  III,  for  the  iiurjioses  of  liBluuf;  and  of  triidiiiK  with  the  nati\es. 

After  the  tnialysis  of  the  iivticlr  ;  in  the  Americtiii  tietity  there  is 
little  in  the  Knjilish  tretity  ti.<it  re<|Uires  exphiiiatioii.  The  two  ti'caties 
weire  drafted  under  circumstitnces  jind  lifted  to  conditions  qtnte  simi- 
lar. There  were  stmie  ditlerences  because  of  (ireat  IJiitain's  ownershiji 
of  llritish  America.  i>ut  these  very  ditterences  corrobtmite  the  jiositiun 
of  the  Unitetl  States.  This  is  most  i)liiinly  seen  in  Article  \'l.  T.y  that 
iirtit'le  the  subjects  of  Her  Hritiinnic  Majesty  were  ••Uiiranteed  the  lijiht 
of  mivifrntin;;-  freely  the  rivers  eini)tyin}''  into  the  riicitic  Ocean  and 
<iroHsiiiy  the  line  of  deitiarctitUm,  upon  the  line  of  coast  deHcribed  i,i 


1:1 


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I' 


232 


DIPLOMATIC    CORRESPONDENCE. 


Article  ITT.  The  line  (►fdeniiircatioii  is  «U'scril)<'(l  in  Article  III  as  fol- 
lowingf  "the  suiniiiit  of  the  inouiitiiins  situated  itaiallel  t<)  the  coast 
OH  far  OH  the  jHtint  of  intersevtion  of  the  one  hundred  and  forty-first  de- 
f/ree  of  irest  lonf/itvde,^''  Artieh'  IV,  qiiiiJilyiiijj'  Artutle  III,  specifies 
that  "wherever  the  siunniit  of  the  inountaiiis  wliieh  extend  in  a  direc- 
tion parallel  to  tlie  <'oast,  front  tlie  Jifty-sixth  dej;rce  of  noVth  latitude 
to  the  point  of  intersection  of  the  one  linndred  and  forly-first  degree  of 
west  longitude,  shall  prove  to  be  at  a  distaiie*'  of  more  than  teii  nnirine 
leagues  from  the  ocean,  the  limit  between  tlie  British  possessions  and 
the  line  of  coast  which  is  to  belong  to  Kussia,  as  abitve  mentioned,  shall 
be  formed  by  a  line  parallel  to  the  windings  of  the  coast,  and  shall 
never  exceed  the  distance  of  t«'n  marine  leagues  therefrom." 

By  both  these  arti  -les  the  line  of  dcinavciition  ceases  to  have  any  par- 
allel relatioti  to  the  coast  when  it  reaclies  tlie  point  of  intersection  of 
the  one  hundred  and  forty-first  degree  of  west  longitude. 

From  that  i)oint  the  one  hundred  and  forty  first  degree  of  west  longi- 
tude, as  far  as  it  extends  continuously  on  land  northward,  is  taken  as 
the  boundary  between  the  territcnies  of  the  two  powers.  It  is  thus  evi- 
Ac'.'.t  that  British  subjects  were  guaranteed  the  right  of  navigating  only 
such  rivers  as  crossed  the  line  of  demar<  ation  while  it  followed  the  line 
ofeoast.  They  were  limited,  therefore,  to  the  rivers  that  emptied  into 
tlie  Pacific  Ocean  between  54  40  and  00  degrees  north  latitude,  the  latter 
being  the  point  on  the  coast  opjHtsite  the  point  where  the  line  of  demar- 
cation di>-erges — Mount  St.  Elias. 

By  this  agreement  Great  Britain  was  excluded  from  all  rivers  empty- 
ing into  the  Behi-ing  Sea,  including  the  great  A'ldvon  and  its  influent,  the 
I'orcupiiie,  which  rise  and  for  a  long  <listan<'e  fiow  in  Britisli  America. 
S()  complete  was  the  exclusion  from  Behring  Sea  that  Great  Britian 
surrendered  in  this  case  a  do<'trine  which  she  had  aided  in  im])ressing 
upon  the  Congress  of  Vienna  for  Kurojiean  rivers.  She  did  not  demand 
access  to  the  sea  from  a  river  whose  source  was  in  liei-  territory.  She 
consented,  by  signing  the  treaty  of  182"),  to  such  total  exclusion  from 
the  Bering  Sea  as  to  tbrego  following  her  own  river  to  its  mouth  in  that 
sea. 

It  shows  a  curious  association  of  political  events  that  in  the  Wash- 
ington treaty  of  1871  tlie  United  Start's  conceded  to  Great  Britain  the 
l)rivilege  of  navigating  the  Yuk(m  and  its  branch,  the  rorcui)ine,to  the 
IJehring  Sea  in  exchange  for  certain  piivileges  conceded  to  the  United 
States  on  the  St.  Lawrence.  The  re(|uest  of  Crreat  liritaiii  for  the  privi- 
lege of  navigating  the  Yukon  and  Porcupine  is  asugge.stive  confession 
that  it  was  withheld  from  her  by  Russia  in  the  treaty  of  18U5 — with 
held  b(  cause  the  rivers  flowed  to  the  lichring  Sea. 

The  seventh  ai'tide  is  jiractically  a  repetition  of  the  fimrth  article  in 
the  treaty  between  Bussia  and  the  United  States,  and  the  privilege  ot 
fishing  and  trading  with  the  natives  is  limited  to  the  coast,  mentioned 
in  Article  ill,  i«lentically  the  same  line  of  coast  which  they  were  at, 
liberty  to  j.-iss  through  to  reach  British  Amcri(  ii  or  to  I'cach  the  i-oast 
from  British  America.  Tliey  are  excluded  from  going  north  of  the 
prescribed  point  on  the  coast  near  Mount  St.  Elias,  and  are  therefore 
kept  out  of  IJering  Sea. 

It  is  to  be  noted  that  the  negotiators  of  this  treaty,  in  defining  the 
boundary  between  the  Bussian  and  British  jxissessions,  cease  to  ob- 
.serve  particularity  exactly  at  the  point  on  the  coast  where  it  is  inter- 
sected by  the  sixtieth  i)aiallel.  From  that  point  the  boundary  is  des- 
ignated by  the  almost  iiHleliniti'  prolongation  northward  of  the  one 
hundred  and  forty-first  degree  of  longitude  west.     It  is  plain,  therefore, 


Ji;KlSl»I("ri<)NAL    WIGHTS    IN    JJKRIXG    .SKA. 


that  this  iiciity,  like  th«'  Ivusso-Aineiii'iin  treaty,  limited  the  "  Xoitli- 
west  Coiist"  to  that  part  of  the  coast  between  the  ftt'tii'th  and  six- 
iti'th  paiallels  of  north  latitude — as  fully  set  forth  by  Mr.  Middleton  in 
the  protocols  i>re('e(liiij''  the  treaty  between  the  LTuited  8tate.s  and 
Ivussia.  Tiie  uefi(»tiators  never  touched  one  foot  of  the  boundary  of 
the  liehriuji'  Sea,  whether  on  continent  (tr  island,  and  never  t'ven  made, 
a  refeience  to  it.  Its  nearest  point,  in  JJristol  l>ay,  was  a  thousaiul 
miles  distant  from  the  field  of  ncfiotiation  betwe«'u  tlie  powers. 

It  must  not  be  forgotten  that  this  entire  negotiation  of  the  three 
powers  proceeded  with  full  kiu)whHlge  and  rec<»};nition  of  the  ukase  of 
1S21.  While  all  (piestions  touchinji"  the  respective  rights  of  the  powers 
on  the  Xortiiwest  Coast  between  the  Hftieth  and  sixtieth  parallels  were 
discussed  and  pressed  by  one  side  or  the  other,  and  finally  ajiieed  upon, 
the  terms  of  the  ukase  of  1821,  in  which  the  Kmperor  set  forth  so  clearly 
the  rights  claimed  and  exercised  by  Kussia  in  the  Jiehrinf>'  Sea,  Mere  un- 
tiMU'licd  and  nn(iuestioned.  These  rijEflits  were  tlien'fore  a<lmittcd  by 
all  the  powers  neyotiatinj''  as  within  the  exercise  of  Russia's  lawful 
authority  then,  and  they  were  left  inviolate  by  England  during- all  tiie 
subse(|ucnt  continuance  of  Unssia's  dominion  over  Alaska. 

These  ti  eaties  were  therefore  a  practical  renunciation,  b:»th  on  the  part 
of  England  and  the  Tnited  States,of  any  rights  in  the  watersof  llchriMg 
Sea  during-  the  period  of  Russia's  sovereignty.  They  left  the  Uchiing 
Sea  and  all  its  coasts  and  islands  i)recisely  as  the  ukase  <)f  Alexander 
in  1821  leir  them — that  is,  with  a  prohibition  against  any  vessel  ap- 
])roacliing-  nearer  to  the  coast  than  1(M»  Italian  miles,  under  danger  ut' 
confiscation.  The  original  ukase  of  Alexander  (1821)  claimed  as  far 
south  as  the  fifty-tirst  degree  of  north  latitude,  with  the  inhibition  of  UK) 
miles  from  the  coast  applying  to  the  whole. 

The  result  of  the  protest  of  Mr.  Adams,  followed  by  the  eor)])eration 
of  Great  I>i  itain,  was  to  force  Russia  i)a('k  to  oi  40  as  her  soutliern 
boundary.  l>ut  there  was  no  rciiuM(Mation  wiiatever  on  tiie  part  ot 
J'ussia  as  to  the  Uehring  Sea,  to  which  the  ukase  espe<'ially  and  i)ri- 
mnrily  appli^-d.  As  a  i>iece  of  legislation  tliis  ukiisc  was  as  authorita- 
tiv«!  in  the  domiuions  of  Russia  as  an  ai-t  of  Rarliii incut  is  in  the  doniin- 
ionsof  ('i'eat  I'nitain  or  an  act  oldtngress  in  the  territory  of  the  IJiiitfil 
States,  Hvcept  as  Vttluntaril;  i  MJilit'd  by  Russia  in  the  treaty  with 
the  United  Shites,  Aju-il  17.  Is-l.  lud  in  theti<'aty  with  (Ireif  Ibit  lin, 
February  1(!,  1825,  the  ukase  of  1821  stood  as  the  law  c(Mitrolliiig  f  lie 
Russian  possessions  in  America  until  the  close  of  Russia's  ownership 
by  transfei'  to  this  (rovernnuMit.  Both  (lie  Ignited  St,  'es  a,nd  (Ireat 
Britain  recognizeil  it,  respected  it,  obeyed  it.  It  did  noi.  as  so  many 
sni>pose,  declare  the  IJehring  Sea  tct  be  man  cltnisKm.  It  <lid  declare 
that  the  waters,  to  rhe  extent  of  100  miles  from  the  sIkucs.  were  rt^- 
served  for  the  subj<'cts  of  the  Russian  ICnipiie.  Of  > ourse  many  hun- 
dred miU's, east  and  west  and  north  ami  south.  wer»'  thus  intentionally 
left  by  Russia  for  the  whale  fishery  ami  lor  fishing  (t|»eii  and  free  to  the 
world,  of  which  other  nations  took  large  advantage.  l*eili;ips  in  pur- 
suing this  advantage  fiueigners  di<l  not  always  k(M'])  loit  miies  |'r(un  the 
shore,  but  the  tl.^'ory  of  right  on  which  they  eomlucieil  lieir  business 
unmolested  was  that  they  observed  the  <'onditions  of  i  iie  ukase. 

lint  tlie  100 mile  restrictiiui  ju'rlbrnied  the  funcfi<ui  lor  which  it  was 
si)eeiallyde>igned  in  preventing  foreign  nations  from  molesting,  disturi*- 
ing,  or  by  any  possibility  sharing  in  th<^  fur  trade.  The  fur  trade  formed 
the  princii*  i',  almost  the  sole  emi)loyini'nt  of  the  Russian  .Vmericnn 
Company.  It  fonued  it ;  eaipl  >>ineut,  indeeil.  to  siteh  a/degree  that  it 
stiOii  bei-aiue  known  only  as  the  iiussian  American  Fur  Company,  and 

30 


i 


11 


In 


n 


H: 


I'i?! 


f 


234 


DIPLOMATIC    CORRESPONDENCK. 


'     m 


quite  siifjffostivcly  tliut  name  is  given  to  the  Company  by  Lord  Salisbury 
in  tlio  (lispatch  to  which  I  am  replying.  While,  therefore,  there  may 
have  been  a  large  amount  of  lavvfui  whaling  and  fishing  in  the  IJehring 
Sea,  the  taking  of  furs  by  foreigners  was  always  and  under  all  «'ireum- 
stances  illicit. 

Eiglit<'en  years  after  the  treaty  of  1825  (in  184.'?)  Great  Britain  made 
a  commercial  treaty  with  Russia,  based  on  the  principle  of  recipi'ocity 
of  advantages,  but  the  rights  of  the  Russian  American  Company,  which 
undei-  both  ukases  included  the  sovereignty  over  the  sea  to  the  extent 
of  KM)  miles  from  the  shores,  were  reserved  by  special  clause,  in  a  sep- 
arate and  special  article,  signed  after  the  prin<'i])al  articles  of  the  treaty 
had  been  concluded  and  signed.  Although  British  rights  were  enlarg«<d 
with  nearly  all  other  parts  of  the  Russian  Empire,  her  relations  with 
the  Russian  possessions  and  with  the  Behring  Sea  remained  at  precisely 
the  same  point  where  the  treaty  of  182.")  had  placed  them. 

Again  in  1859  (Ueat  IJritain  still  further  enlai'ged her  commercial  re- 
lations Avith  the  Empire  of  Russia,  and  again  tTie  "  possessions  "  and 
the  IJeliring  Sea  were  held  firmly  in  their  relations  to  the  Russian 
American  Company  as  they  had  been  held  in  the  treaty  of  184.'{. 

It  is  especially  notable  tliat  both  in  the  treaty  of  1843  and  the  treaty 
of  1859  it  is  declared  that  "in  regard  to  ciunmerce  and  navigation  in  the 
Russian  possessions  on  the  Xorthwest  Coast  of  America  the  convention 
concluded  at  St.  Petersburg,  Fobruary  1<{,  1825,  shall  continue  in  force.'' 
The  same  distinction  and  the  same  restrictions  which  Mr.  Adams  n>ade 
in  regard  to  the  Northwest  Coast  of  America  were  still  observed,  and 
(Ireat  Britain's  access  from  or  to  the  interior  of  the  continent  was  still 
limited  to  that  ]>art  of  the  coast  between  54  40  and  a  point  near  Mount 
Saint  Eli.'js.  Tlie  language  of  the  three  Husso  British  treaties  of  1825, 
184.'{,  and  I8,~)9  correspond  with  that  emph>yed  in  Mr.  Adams's  dispatch  to 
Mr.  Middleton,  to  wliich  reference  has  so  frequently  been  made.  This 
shows  that  the  true  meaning  of  Mr.  Adams's  paragraph  is  the  key,  and 
indeed  the  only  key  by  which  the  treaties  can  be  correctly  interpreted 
and  by  which  expressions  apparently  contrfidictory  or  unintelligible  can 
be  readily  harmonized. 

Immediately  following  the  jtartial  (piotation  of  Mr.  Adams's  dispatch. 
Lord  Salisbury  ([notes  the  case  of  the  United  States  brig  Loriot  as 
having  some  bearing  on  the  (piestion  relating  to  the  Behring  Sea.  The 
case  hai>pened  on  tlie  I5th  of  Sei>tember,  183(5,  and  Mr.  Forsyth,  Sec- 
retary of  State,  in  a  dispatch  to  the  Fnited  States  minister  at  St. 
Petersburg,  declared  the  course  of  the  Russians  in  arresting  the  vessel 
to  be  a  violation  of  the  rights  (jf  the  citizens  of  the  United  States.  He 
«'laimed  that  the  citizens  of  the  United  States  had  the  right  immemo- 
rially  as  well  as  by  the  stipulations  of  the  treaty  of  1824  to  fish  in  those 
waters. 

Loi'd  Salislmry's  understan<ling  of  the  case  differs  entirely  from  that 
held  by  tiie  (Jovernmcnt  of  the  United  States.  The  Loriot  was  not  ar- 
rested in  IJehring  Sea  at  all,  nor  was  she  engaged  in  taking  fnrs.  She 
was  arrested,  as  ]Mr.  Forsyth  in  his  dispatch  says,  in  latitude  iH  55, 
moj-e  than  (>(>  miles  south  of  Sitka,  on  the  ''  Northwest  (Joast,"  to  which, 
and  to  which  »mly,  the  treaty  of  1824  referred.  Russia  u])held  its  a<'- 
tion  on  the  ground  tliat  the  ten-year  term  jn'ovided  in  the  fourth  article 
of  the  treaty  had  c'l  •  1  two  years  before.  The  case  was  made  the 
basis  of  an  applic  ition  on  the  jiart  of  the  United  States  (lovernment 
for  a  renewal  of  tliat  arti  le.  This  ai)i)lication  was  pressed  for  several 
years,  but  filially  and  al)8  tliitely  refused  by  the  Russian  (rovernment. 


JURISDICTIONAL    RIGHTS    IN    BERING    SEA. 


235 


TJiider  the  claim  of  Russia  that  the  teiin  of  ten  years  had  expired,  the 
United  States  faih^d  to  secun*  any  redress  in  the  Lorinf  casr.  With  all 
due  respect  to  Lord  Salisbury's  Judj»iuent,  tlie  case  of  the  Ao/'to^  sustains 
the  entire  coriectness  of  the  positi«m  of  the  United  States  in  this  con- 
tention. 

It  only  remains  t<)  say  that  whatever  duty  Great  Britain  owed  to 
Alaska  as  a  RuMwian  provin<'e,  whatever  she  aj^reed  to  do  or  to  refrain 
frou)  doing,  toucliing-  Alaska  and  the  liehring  Sea,  was  not  <hanged  by 
the  mere  fact  of  the  transfer  of  sovereignty  to  tlie  United  States.  It 
was  eAi'icitly  declared,  in  the  sixth  article  of  the  treaty  by  which  the 
territory  was  cede«l  by  Russia,  that  "  the  cession  hereby  made  conveys 
all  the  rights,  franchises,  and  privileges  now  belonging  to  Russia  in  tlie 
said  territory  or  (huninions  and  appurtenances  thereto.''  ^'eitlier  by 
the  treaty  with  Russia  of  181*5,  nor  by  its  renewal  in  1843,  nor  by  its 
second  renewal  in  1859,  did  Great  Britain  gain  any  right  to  take  seals 
in  Behring  Sea,  In  fact,  those  treaties  were  a  ]>rohibitio?i  upon  her 
wiiich  slie  steadily  respected  so  long  as  Alaska  was  a  Russian  province. 
It  is  for  Great  Britain  now  to  show  by  what  law  she  gained  rights  in 
that  sea  after  the  transfer  of  its  sovereignty  to  tlie  United  States. 

During  all  the  time  elapsing  between  the  treaty  of  1825  and  the.  ces- 
sion'of  Alaska  to  the  United  States  in  18(»7,  Great  Britain  never  attlrnied 
the  right  of  her  subjects  to  capture  fur-seal  in  the  Behring  Sea;  and,  as 
a  matter  of  fact,  her  subjects  did  not,  duiing  that  h>iig  i>eriod,  attempt 
t()  catcii  seals  in  the  Behring  Sea.  Lord  Salisbury,  in  replying  to  my 
assertion  that  these  lawless  intrusions  upon  the  fur-seal  fisheries  began 
in  1880,  declares  that  they  had  occurred  before,  lie  points  out  one 
attempt  in  1870,  in  which  forty-seven  skins  were  found  on  boanl  an 
intruding  vessel;  in  1872  there  was  a  rumor  that  expeditions  were  about 
to  tit  out  in  Australia  and  Victoria  for  the  jmrpose  of  taking  seals  in 
the  Behring  Sea;  in  1874  some  repoi'ts  were  heard  that  vessels  had 
entered  the  sea  for  that  purpose;  one  case  was  reported  in  1875;  two 
eases  in  1884;  two  also'in  1885. 

These  cases,  I  may  say  without  intending  disrespect  to  his  h>rdsliip, 
ju'ove  the  truth  of  the  statement  which  he  endeavors  to  c»»ntrovert, 
be<'ause  they  form  Just  a  sutlicient  number  of  exceptions  to  establish  the 
fact  that  tiie  destructive  intrusion  began  in  188(».  But  I  refer  to  tht'Ui 
now  for  tlie  piu'pose  of  showing  that  his  lordsjiip  does  not  attenii)t  to 
cite  the  intrusion  of  a  single  British  sealer  into  the  Behring  Sea  until 
after  Alaska  lisid  been  transferred  to  the  United  States.  I  am  Justified, 
therefore,  in  repeating  the  <iuestions  which  I  addressed  to  H«'r  ^lajesty's 
Government  on  the  22d  of  last  January,  and  wh'wh  still  remain  un- 
answered, viz: 

WluMice  iliil  the  ships  of  Caniuliv  rtorivo  the  riji[ht  to  do,  in  1886,  tliat  which  th«'y 
had  rcfraiin'd  from  doiiijj  for  iieiirly  ninety  ycarsf 

Upon  wliiit  <ri-(mnds  did  llur  Miijosty's  (Jovcrnniont  defend,  in  the  year  188t).  a 
ecnirse  of  e<nidn<'t  in  tiie  Itehi'in^Sea  which  had  heeii  earefnlly  avoided  eversinet;  tho 
discovery  of  tliat  sea  C 

Hy  what  roasoninjj  did  Her  Majesty's  (jtovtirnnient  eonclnde  tliat  an  act  may  l»o 
connnitted  witli  impunity  a^rainst  the  ri<>'hts  of  tiie  I'nited  States  whiiii  had  never 
beuii  attempted  a<rainst  the  oame  rights  when  held  by  tlu;  iinssian  Empire  if 


i 
i 


"r 


%' 


f 


i! 

if 

I  have,  etc., 


James  G.  Blaine. 


236 


DIPLOMATIC    OOHKKSPONDENCE. 


CORRESPONDENCE  RELATIVE  TO  GREAT  BRITAIN'S  TVILLINO- 
NESS  TO  ENTER  INTO  A  CONVENTION  FOR  THE  PROTECTION 
OF  FUR-SEALS.' 

Sir  Julian  raiincefote  to  Mr.  Blaine. 

Washington,  June  30,  1890. 
Siu:  III  your  iiot«^  of  the  liOtli  of  May  last,  wliicli  I  duly  transinittcMl 
to  the  Maniuis  of  Salisbury,  th(;r«  are  several  refcrtMu-cs  to  coinninni- 
cations  Avliicli  passed  betweeu  the  twoCiovernuieiits  in  the  time  of  your 
predecessor. 

1  have  now  ret'eived  a  disjjatcli  from  Lord  Salisbury,  eopy  of  which  I 
hav«^  the  honor  to  in<*lose,  i)ointin}>'  out  that  tlu're  is  s(»me  error  in  the 
impressions  which  you  have  gathered  from  there<'(ud8  iu  the  State  De- 
partment with  respect  to  those  communications. 
1  have,  etc., 

Julian  rAiTNCEFOTJi. 


f  !| 


[Tiicliisiire.] 

Tlie  Marqtiifi  of  Salishury  to  Sir  Julian  Pavncefote. 

No.  120.]  FouKiGN  Office,  June  30, 1800. 

Sik:  I  have  to  acknowledj>e  your  dispatch  No.  8.'i  of  the  30th  ultimo, 
inclosin}>:  co])y  of  a  note  from  Mr.  IJlaine  <lated  the  Uittli  ultimo. 

It  contains  several  refereuites  to  <u)mnmnications  which  passed  be- 
tweeu the  two  (loveruments  in  the  time  of  Mr.  Blaine's  ju-edecessor, 
esjiecially  in  the  spriuff  of  ISSS.  Without  referring-  at  present  to  other 
l»ortions  of  ]Mr.  Jilaiu<''s  note  I  wish  only  now  to  point  out  sonu'  error  in 
the  impressions  which  he  has  jiatlieied  from  the  records  in  his  <)t!ice 
with  resi)ect  to  those  connnunii-ations.  He  states  that  on  the  2'M  April 
of  that  year  1  inf<U'm(^d  the  American  charge  d'affaires,  Mr.White,  that 
it  was  ]))-opose<l  t()  give  efl'ect  to  a  seal  convention  by  order  in  council, 
not  by  act  of  Parliament.  This  was  a  mistake.  It  was  very  mitural 
that  Mr.  White  shouM  not  have  aj>pi'ehended  me-corr«'ctly  when  I  was 
desci'ibing  the  somewhat  complicated  arrangements  by  which  agree- 
nuMits  of  this  kiinl  are  brought  int()  tbrce  in  England,  liut  two  or  three 
days  after  the  'SM  April  he  calhul  to  make  inquiry  ou  the  subject,  and 
in  I'cply  to  his  question  the  tollowiug  letter  was  addressed  to  him  by 
my  instructi(Uis: 

FoHKKiX  Oki-ice,  .Ipril  27,  18SS. 
Mv  I>r,.\K  Wnni;:  Loid  Salisltniy  (Icsires  mo  to  express  Lis  refiict  tli.at  ho  is  not 
yet  ill  a  position  to  nniko  smy  fintlier  coinninniciition  to  yon  on  (lie  snhjoct  of  tli«» 
soiil  tisliorics  in  Hohrinfj  Sea.  Aitorliis  interviow  witii  yon  an<lM.  deStaaJ  lie  had  to 
rolor  to  tlie  Canailiaii  (iovernnient,  tho  lioaril  of  trade,  and  the  Admiralty,  lint  has 
as  yet  only  obtained  the  opinion  of  the  Admiralty.  The  next  step  is  tobrin^  a  bill 
into  Parliament. 
Yours,  oto., 

Eric  RAitiaNCTox. 

On  the  2.Sth  Mr.  White  replied: 

LiciiATUiN  <»i    TMi;  I'MTKi)  Stati's.  I.ovdoiu  A)>ril .?S.  1S8S. 
My  Di'.au  MAKHixciioN :  Thanks  for  yonr  note,  rospi-ctiny  the  final  sen  oneo  of 
'n'hich,  "The  next  stop  is  to  briii^  a  bill  into  Fiirliainont,"  I  must  trouble  yor  with  a, 
lino. 

'Fur  tht.  earlier  correspondeut-o  on  this  subject  see  ante,  pp.  171-183  uu*l 212-217. 


GREAT  Britain's  willixoness  to  protept  seals.      237 


ill 


1  ' 


I  iinilcrstood  Lord  Siilishiiry  to  .say  whuu  I  8iiw  liiiii  witli  M.  tie  Stiial.  mid  tipiiii 
luBt  weuk  iiloue,  that  it  is  now  ]ii'0|>os*;d  to  ffivv  ett'ect  to  the  conventional  arrange- 
ment for  tile  protection  of  Heals  hy  au  order  in  council,  not  by  act  of  Tarlianii-nt. 

VVlieu  Mr.  Phelps  left  the  latter  was  thought  necessary,  and  last  week  I  received  a 
telegram  from  the  Secretary  of  State  asking  me  to  obtain  confidentially  a  copy  of 
the  ])ropo8ed  act  of  Parliament,  with  a  view  to  assimilating  our  contemplated  act 
of  (.'ougress  thereto.  I  replied,  after  seeing  Lord  Salisbury  last  Saturday,  that  there 
would  be  no  bill  inf rodiK'cd  in  Parliauicut,  but  an  order  in  council. 

May  I  ask  now  if  this  be  incorrect,  as,  in  that  event,  I  should  particularly  like  to 
corre(;t  my  fonncr  statement  V>y  this  day's  mail. 

To  this  tlie  following  reply  was  on  the  same  date  addressed  to  Mr. 
White: 

FoRKUm  Okkick,  Ajjnl  ,js,  ISSS. 
My  Dkar  Whitk:  Lonl  Salisbury  is  afraid  that  he  did  not  make  himself  under- 
stood when  last  he  sp()ke  to  you  about  the  Seal  Fisheries  Convention. 

An  act  of  Parliament  is  necessary  to  give  power  to  our  authorities  to  act  on  the 
]»rovisious  of  the  convention  when  it  is  signed.  The  order  in  c<uincil  will  be  merely 
the  machinery  which  the  act  will  provide  for  the  purpose  of  bringing  its  jirovisious 
into  force.  The  object  of  this  machinery  is  to  enable  the  (Jovernment  to  wait  till 
the  other  two  powers  are  ready.  But  neither  convention  nor  bill  is  drafted  yet, 
because  we  have  not  got  the  opinions  from  Canada,  which  are  necessary  to  enable 
us  to  proceed. 

Yours,  etc., 

Eric  BARRixciTON. 

It  is  evident  from  this  correspondence  that  if  the  United  States! Jov- 
ernment was  misled  ujxm  the  2.'id  April  into  the  belief  that  IJer  Majesty's 
(iovernment  conld  proceed  in  the  ntatter  without  an  a<'t  of  Parliament, 
or  could  proceed  without  j)revious  reference  to  Canada,  it  was  a  mistake 
which  iinist  have  bien  entirely  dissipated  by  the  correspondence  which 
followed  in  the  ensuinjif  week. 

Mr.  Blaine  is  also  under  a  misconcepticui  in  imagining  that  I  ever 
gave  any  verbal  assurance,  or  any  jmunLseof  any  kiiul,  with  resjjcct  to 
the  terms  of  the  projecte<l  convention.  Her  Majesty's  Government  al- 
ways have  been,  and  are  still,  anxious  for  the  arrangement  of  a  conven- 
tion which  shall  provide  whatever  close  time  in  whatever  localities  is 
necessary  for  the  i)reservation  of  the  fur-seal  species.  But  I  have  rep- 
resented tlijit  the  details  must  be  the  subject  of  di.scussiou,  a  discussion 
to  which  those  who  are  h)cally  interesteil  must  of  necessii^y  contribute. 
I  lind  the  record  of  the  following  conversation  about  the  date  to  whi(;h 
Mr.  Blaine  refers :  ; 

The  Marquis  of  Salisbury  to  Sir  L,  West.  ., 

FoRKKJN  Office,  March  17,  IftSS. 

Sir;  Since  forwarding  to  you  my  dispatch  Xo.  23  of  the  22d  <iltimo,  1  have  been  in 
commuuicatitni  with  the  Russian  ambassailor  at  this  court,  and  have  invited  his  ex- 
cellency to  ascertain  whether  his  (ioverument  would  authiu'i/.e  him  to  discuss  with 
Mr.  Phelps  and  myself  the  suggestion  made  by  Mr.  B.ayard  in  hisdisjiatiih  of  the  7th 
EtUtruary,  that  concerted  action  should  be  taken  by  the  United  States,  (ireat  Britain, 
and  other  interested  jiowers,  in  order  to  preserve  from  extermination  the  fur-seaJs 
which  at  certuin  seasons  are  found  in  Behring  Sea. 

Copies  of  tbe,correHi>ondence  on  this  question  which  has  passed  between  V  de  .Staal 
and  myself  is  inclosed  herewith. 

I  recjuest  that  you  will  inform  Mr.  Bayard  of  the  stops  which  have  been  taken,  with 
a  \'w\\  to  the  initiation  of  negotiations  for  an  agreement  between  the  three  powers 
priuiMpally  concerned  in  the  maintenance  of  tlm  seal  fisheries.  But  in  di>iug  .so  ycui 
shouM  state  that  this  action  on  the  part  of  Her  Majesty's  Government  must  not  be 
taken  as  au  admission  of  the  rights  of  Jurisdiction  in  Behrjig  Sea  exercised  there  by 
the  I'uited  States  authorities  during  the  fishing  seasons  of  1SS(5-'S7  and  1S87-'SS,  nor 
as  affecting  the  claims  which  Her  Majesty's  (ioverument  will  have  to  present  on  ac- 
count of  wrongful  seizures  which  have  taken  place  of  British  vessels  eugagu<(  in  the 
seal-fishing  industry, 
1  am,  etc., 

S<U8Bi'HY. 


I 


f  I 


r^ 


i 


■llpf 


ill* 


S|>: 


'ij 


\ 


> 


^^ 


238 


DIPLOMATIC    CORRESPONDENCE. 


Ill  imi'siiiUH'p  of  this  dispatcli,  Mu*  sufjp'stioii  insult'  by  Mr.  TJayanl, 
to  wliicli  I  rt'lenrd,  was  disciisst'd  and  iH';;'otiatioii8  \vcr«'  iiiitiati'<l  tor 
an  anrt'«'in«uit  lu'twoeii  tin' tlireo  powers.  Tlu'  rolIowinj>' dispatch  con- 
tains the  rcconl  of  what  I  believe  was  the  first  meeting-  between  the 
three  powers  on  t  lie  subject : 

The  Marquis  of  Salinbiiry  to  Sir  L.    West. 

FoKKKiN  Oi'KicK,  April  16,  ff^SS. 

Sir:  Tlir  RiiSHinn  Ambassador  iiiiil  the  Uiiitod  States  cliarK*'  d'allrtiroH  callc*!  ii]i(in 
mt'  tliis  at'tt'riKioii  to  discuss  the  i|iii'stiiiii  of  tlie  seal  lislici-i«>s  in  l<cliriii;i;  iSca,  wliicli 
liad  lifuii  lirouulit  into  |ironiint>n<'ii  by  the  rcriMiti  action  ot'  tlio  I'nitcd  States. 

The  United  States  (Jovcrninont  iiad  expressed  a  desire.  tJiat  some  ayn-enient  should 
be  arrivetl  at  bt^tween  tlie  tlire*'  (•ovcrunients  tor  tlie  pnriiose  of  prohibiting  the. 
slaughter  uf  the  seals  durin<j'  the  time  of  brei>iling;  and,  at  my  ro(|ueHt,  M.(b-  Staal 
had  (ditained  instructions  trom  his  (Government  on  that  ijuestion. 

At  this  preliminary  discussion  it  was  deci«h'd  jirorixioiutllii,  in  ordrr  lo  ftiriiinh  a  hnnis 
/(irtK'nolialiou,  and  ivilhoiil  ilrjiiiilirclji  plviUjin<joHr  Uonnivivtitx,  that  tliespac«'  to  be  cov- 
ered by  the  proposed  convention  should  lie  the  sea  between  America  and  Russia  niu'th 
of  the  forty-seven  tlub'jirec  of  latitude;  that  the  close  time  slnuihl  extend  from  tlie  I'lth 
April  to  tlie  1st  November;  that  during  that  time  tint  slaughter  of  all  seals  should  be 
forbidilen,  and  vessels  engaged  in  it  shiuild  be  liable  to  seiznn^  by  the  cruisers  of 
any  of  the  three  powers  and  should  Uv  taken  to  the  port  of  their  own  nationality 
for  condeuMuition ;  that  the  tratHc  in  arms,  alcolnd,  and  powder  shouhl  be  prohibited 
in  all  the  iNlan<ls  of  those  seas;  and  that,  as  so(m  as  the  three  powers  had  concluded 
a  cotivcntion,  they  should  Join  in  submitting  it  for  the  assent  of  the,  other  nuiritime 
jiowers  of  the  northern  si-as. 

The  I'nited  Stal<'B  charge  d'alfaires  wtis  exceedingly  earnest  in  jtressing  on  ns  the 
imjxM'tance  of  disjtatch,  on  account  of  the  inconceivable  slaughter  that  had  been  and 
was  still  going  on  in  these  seas,  lie  stated  that,  in  addition  to  the  vast  <|uantity 
brought  to  market,  it  was  a  common  |iractice  for  those  engaged  in  the  trade  to  shoot 
all  seals  they  might  meet  in  the  o)>en  sea,  and  that  of  these  a  great  number  sank,  so 
that  their  skins  ccmbl  not  be  recovered. 
I  am,  etc., 

SAMSUt'UY. 

It  was  iinp(»ssible  to  state  more  distinctly  that  any  proposal  inatle 
rt'as  provisional,  and  was  merely  made  for  the  juirpose  of  enablin}»'  the 
requisite  nej^'otiations  to  proceed.  The  silbsetpient  discussion  of  these 
]>roposals  was  nndoul>t('dly  delayed  in  conseqiiemre  of  the  length  of 
time  occupied  by  the  Canadian  (jovernment  in  collecting  from  consid- 
erable distances  the  information  which  they  required  before  their  opin- 
ion on  the  subject  could  bethor<mghly  formed,  and  after  that  it  was  de- 
layed, I  believe,  cliieHy  in  consequence  of  the  political  events  in  the 
United  States  unconnected  with  this  ipiestion.  I  think  it  desirable  to 
correct  the  niiscon<'ei>ti(ms  which  have  arisen  with  respect  to  these 
tran.stictions,  though  1  do  not  think  that,  even  if  the  view  of  them  which 
is  taken  by  ^Ir.  Blaine  is  accurate,  they  would  bear  out  the  argument 
which  he  founds  upon  them. 

I  shall  be  ghul  if  you  will  take  the  opportunity  of  informing  Mr. 
Blaine  of  these  corrections. 
I  am,  etc., 

Salisbury. 


I 


Sir  Julian  Pauncefote  to  Mr.  Blaine. 

Washington,  June  30,  1890. 

Sir:  T  have  reeo'ved  a  dispatch  from  the  ^liirrpiis  of  Salisbury  Mith 
reference  io  tiie  jtassage  in  your  note  to  me  of  the  4th  instant,  In  which 
you  remark  that  in  1888  his  lordship  abruptly  closed  the  negotiations 


ORKAT    HIMTAINS    WILLIN(}NKSrt    TO    PWO'IKCT    SKALS. 


231) 


I  criius*'  '•  tln'  ('iiiiadiiiii  (lovtM'imu'iit  ohJtM'ttMl,  "  iiimI  flint  \n\  "  assi^iiu'd 
no  otiu'i- vt'MSdii  wliiUevri'. " 

III  vi«'w  ()t'  tlu'  observations  coiitiiiiuMl  in  Lcn-d  Siilisbury's  disnateli 
of  lln'  liOtli  of  .Imu',  of  which  a  (iopy  is  inclosed  in  my  last  precedinj; 
nolc  of  this  date,  his  lordship  deems  it  unnecessary  to  discuss  at  any 
fiicater  leiij>th  the  cireuiiistances  which  led  to  an  interruption  of  the 
ne;»(ttiatioiis  of  ISSS. 

With  rejjard,  however,  to  the  passa}>e  in  your  note  of  tlu^  4tli  instant 
abnve  referred  to,  his  lordship  wishes  (ne  to  call  your  attention  to  the 
luilowinf''  stat«'inent  made  to  him  hy  Mr.  I'lieli)s,  the  United  States 
Minister  in  London,  (Ui  the  M  of  April,  ISS  ,,  and  which  was  recorded 
in  a  dispatch  of  the  same  date  to  ller  Majesty's  Minister  at  Washiiiftton: 

"  I'lider  the  peculiar  political  cinnuiistances  of  America  at  this  mo- 
ment," said  Mr.  IMu'lps,  "with  a  j^eiierl  election  impending',  it  would 
by  of  little  use,  aiul  imleed  hardly  ]uacticable,  to  conduct  any  negotia- 
tion to  its  issue  before  the  election  had  tak«'n  place." 
1  have,  etc., 

Julian  Pauncefote. 


Mr.  Blaine  to  Sir  Julian  Paunvrfote, 

I)EPAI{TMKNT  OF  STATE, 

Washingfon,  July  3,  1^90. 

Sir:  Your  note  of  the  27th  ultimo,  covering  horfl  Salisbury's  reply 
to  tli<^  frieiuUy  suggestion  of  the  President,  was  «luly  received.  It  was 
the  design  of  the  President,  if  L(U'd  Salisbury  had  been  favorably  in- 
clined to  his  pi'op«>sition,  to  submit  a  form  of  settlenjent  lor  the  consid- 
erati(ui  of  ller  Majesty's  Government  which  the  President  believed 
would  end  all  dispute  touching  piivileges  in  Beliring  Sea.  But  Lord 
Salisbury  refused  to  accept  the  i>roposal  unless  the  President  should 
"./(>*7/«/r/7/< "  accept  a  formal  arbitration,  which  his  lordship  prescribes. 

The  President's  request  was  nmde  in  the  hope  that  it  might  lead  to  a 
friendly  basis  (jf  agreement,  and  he  can  not  think  that  Lord  Salisbury's 
]iro|M>sition  is  responsive  to  his  suggestion.  IJesides,  the  answj'r  conu's 
so  late  that  it  would  be  impossible  now  to  proceed  this  season  with  the 
negotiation  the  President  had  desired. 

All  iigreement  to  arbitrate  requires  careful  consideration.  The  I  anted 
States  IS  perhaps  more  fully  committed  to  that  form  of  international 
adjustment  than  any  other  power,  but  it  can  not  consent  that  the  form 
in  wiiicli  arbitration  shall  be  undertaken  shall  be  decided  without  full 
consultation  and  conference  between  the  two  (lovernments. 

1  beg  further  to  say  that  you  must  have  misapprehended  what  I  said 
touching  British  claims  for  injuries  and  losses  alleged  to  have  been  in- 
tlicted  u|»on  British  vessels  in  Behriiig  Sea  by  agents  of  the  United 
States.  My  declaration  was  that  arbitration  would  logically  and  imm-cs- 
sarily  inclmle  that  point.  It  is  not  to  be  conceded,  but  decided  with 
other  issues  of  far  greater  weight. 

I  have  the  honor  to  be,  sir,  etc., 

James  G.  Blaine. 


1;' 

1: ; 


I 


iiife 


li  ^ 


\. 


Mi  '11 

m  f 


( 


■7"^ 


240 


DIPI-OMATIC    COURESPONnKNC'E. 


I 


% 


•    •! 


Mr.  lilainv  to  Sir  'Ikdian  Pan  turf nte. 

Bab  Hauhor,  Maink,  ./»/*/  /.v,  isno. 

Sir:  I  rofjret  tliat  circuinstanct's  Ix'yoiul  my  rjnitrol  have  postporu'd 
my  ri'ply  to  y<mr  two  notes  of  .Imu'  30,  wliirli  wrve.  reeeivnl  on  tlu'  l«t 
instant,  on  the  eve  of  my  leavinj^'  VVasliinf;tou  for  tliis  place.  The  note 
whieh  eanie  t(»  hand  on  the  forenoon  «>f  that  day  inehtsed  a  dispatch 
from  Lord  Salisbury,  in  whi<*li  hishmlsliip,  referrinj;'  to  my  in>te  of  May 
li!>,«'x presses  "a  wish  to  point  out  some  (<rrors"  whieli  lietliinivs  I  "Inid 
gathered  from  the  reeovtls  in  my  oftiee." 

Tiie  purpose  of  Lord  Salisbury  is  tosliowtlnit  I  misapprehended  the 
faets  of  tlie  ciise  when  I  represented  liim,  in  my  note  of  May  29,  as  liav- 
ing  givt'Ji  sucli  "verbal  assjnances"  to  Mr.  Phelps  as  warranted  tlu) 
latter  in  expecting  a  convention  to  be  concluded  between  the  twoUov- 
ernnu'nts  for  the  protection  of  the  seal  lisheries  in  Behring  Sea. 

Speaking  directly  to  this  point  his  lordship  says: 

>tr.  KlaiiK^  is  iiiulcra  niiHcoiu'eptioii  in  iiiiii<;iniii^  tliat  I  ev<-r  ^uv<>  any  vcrlial  ur- 
Bnrancc  or  any  ])rumise  of  any  kintl  with  ret^ptM't  to  tliu  t«-rnis  ut°  the  propoauil  con- 
vcntiou. 

In  answer  to  this  statement  I  beg  you  will  say  to  Lord  Salisbury  that 
I  simply  quoted,  iu  my  note  of  May  2!>,  the  facts  comnninicated  by  our 
Minister,  Mr.  Phelps,  ami  (mr  charge  d'affaires,  Mr.  White,  who  are  re 
sponsible  for  the  olHcinl  statements  made  to  this  (Joverument  at  (lifter 
cut  stages  of  the  seal  fisheries  negotmtion. 

On  the  ^oth  <lay  of  February,  1888,  as  already  stated  in  my  note  of 
May  20,  Mr.  IMielps  sent  the  following  intelligence  to  Secretary  Bayard, 
viz : 

I^onl  Salisbury  assents  to  your  proposition  to  cstablisli  hy  nintna)  arrangement 
hi'tw«en  the  Governments  interested  a  <lose  time  lor  tin-seals  lu-twi-en  April  15 
an<l  November  1,  in  each  year,  and  between  one  hinidred  and  sixty  «lej;n>es  oflon;;i- 
tude  west,  and  one  hundred  and  seventy  dejirees  of  longitude  east  in  the  lierin^ 
Si  a.  An«l  he  will  cause  an  a<'t  to  be  introduieil  in  Parliament  to  }i;ive  ett'eet  to  this 
arran<renient,  so  soon  as  it  can  be  pre])areil.  In.  ins  opinion  there  is  no  ih>nbt  that 
the  act  will  be  passed.  He  will  also. join  the  United  States  (Jovernnient  in  any  pre- 
ventive measures  it  may  be;  tlion<rht  best  to  adojit  l>y  orders  issued  totlu!  naval  ves- 
sels of  the  respective  (Joveruments  in  that  rejjion. 

Mr.  Phelps  has  long  been  kn(>wn  in  this  country  as  an  able  lawyer, 
accurate  in  the  use  of  words,  and  discriminating  iu  the  statement  of 
facts.  The  iTOvernment  of  the  United  States  necessarily  reposi^s 
implicit  confidence  iu  the  literal  c(UTectness  of  the  dispatch  above 
<]Uoted. 

Sometime  after  the  foregoing  conference  between  Lord  Salisbury  and 
Mr.  Phelps  had  taken  phu;e,  liis  lordship  invitiMl  the  Russian  End)as- 
sador,  M.  de  Staal,  and  the  American  charge,  Mr.  White  (Mr.  IMielps 
being  absent  from  Loiulon),  to  a  conference  held  at  the  Foreign  Office 
on  the  16th  of  April,  tonchiiigtlie  J'.ehiiiig  Sea  contioversy.  Thiscon- 
ference  was  really  called  at  the  re(|uest  of  the  llussiau  Embassador, 
who  desired  that  Russian  rights  in  the  Bering  Sea  should  be  as  fully 
recognized  by  England  as  American  rights  had  been  recognized  in  the 
verbal  agreement  of  February  25  between  Lord  Salisbury  and  ^Nlr. 
Phelps.  The  Russian  Embassador  reoeived  from  Lord  Salisbury  the 
assurance  (valuable  also  to  the  United  States)  that  the  protected  area 
for  seal  life  shoidd  be  extended  southward  to  the  forty-seventh  degree 
of  north  latitude,  and  also  the  prr)raise  that  he  would  have  "  a  draft 
convention  prepared  for  submission  to  the  Russian  Embassador  and  the 
American  charg6." 


GREAT    lUtlTAIx's    VVILLINONES.S    TO   PROTECT    SEALS.      241 


1 


Lord  Siilisbnry  now  coiitciuls  that  all  tlie  proroedinjjs  at  tln^  couriT- 
Riirc  of  Apiil  Mi  are  t(»  he  r«';iiir<le<l  asoiily  "/»y><'/*/o»*<»/, /»  ttrtin-  to/ur- 
»«/«/<  o  basis  for  iirffotiKtion,  ttn<l  irithont  tlcjinitely  plfdijintj  our  (jovcrn- 
mcnf.'^  Wliile  tin*  uiHhTstandiii;,'  of  this  tJoveriiinent  dittors  from  that 
maintained  by  Lord  Salisbury,  1  am  instructed  by  the  President  to  say 
that  the  (Tnited  States  is  willing  to  ecuisider  all  the  pioeeedinj^s  of 
April  10,  1.SS.S,  as  eaueeied,  so  far  as  American  rijjhts  may  be  <'on- 
lerujHl.  Tins  (.lovernment  will  ask  (Jreat  Britain  to  adhere  only  to  the 
ajiieement  made  between  Lord  Salisbury  and  Mr.  Phelps  on  the  L'-'ith 
of  Kebrnary,  18.S8.  That  was  an  afjreement  made  dire<-tly  between  the 
two  (r(>vernnu'nts  and  did  not  include  the  rights  of  Russia.  Asking 
Lord  Salisbury  to  adhere  to  the  agreemcMit  ot  February  2"),  wc  leave 
the  agreement  of  April  10  to  1m*  maintained,  if  maintained  at  all,  by 
Kussia,  for  whose  cause  and  for  whose  advantage  it  was  particularly 
designed. 

While  Lord  Salisbury  makes  a  general  denial  of  havinggiven  ''verbal 
assurances,"  he  has  not  made  a  special  denial  t<mehing  the  agreement 
between  himself  and  Mr.  IMiclps,  which  Mr.  Phelps  has  rei)ortcd  in 
special  detail,  and  the  correctn«'ss  of  which  he  has  since  specially  af- 
firmed on  more  than  one  occasion. 

In  your  second  note  of  ,Iune  30,  received  in  the  afternoon  of  July  1, 
you  called  my  attention  (at  Lord  Salisbury's  rejpiest)  to  a  statement 
which  I  made  in  my  note  of  June  4  to  this  efl'ect: 

It  is  evident,  therefons  thitt  in  IS88  Lord  Salisbury  aluiiptly  closed  the  negotia- 
tion becanse,  in  his  own  pliruse,  "the,  Ciinadiiin  (jovernnient  objected. " 

To  show  that  there  were  other  causes  for  closing  the  negtttiation 
Lord  Salisbury  desires  that  attention  be  called  to  a  remark  made  to 
him  by  Mr.  Phelps  on  the  3d  day  of  Ai>ril,  18S.S,  as  follows:  •*  Under 
the  ])eeuliar  circumstances  of  America  at  this  moment,  with  a  general 
election  impending,  it  would  be  of  little  use  and  indeed  hardly  practi- 
cable to  comluct  any  negotiation  to  its  issue  before  the  general  elec- 
tion has  taken  place.'' 

I  atn  (juite  ready  to  admit  that  sucli  a  statement  made  by  Mr.  Phcljis 
might  now  be  adtluced  as  oiu'  of  the  reasons  for  breaking  otf  the  nego- 
tiation, if  in  fact  the  negotiation  had  been  then  broken  olt",  but  Lord 
Salisbury  immediately  proceeded  with  the  negotiation.  The  remark 
ascribed  to  Mh  Phelps  was  made,  as  Lord  Salisbury  states,  on  the  3<1  of 
April,  1888.  On  the  r)th  of  Ajuil  Mr.  Phelps  left  London  on  a  visit  to 
the  United  States.  On  theOtli  of  Ajuil  Lord  Salisbury  atldressed  a  i)ri- 
vate  note  to  Mr.  White  to  meet  the  Russian  ambassador  at  the  foreign 
oftii'C,  as  he  ha<l  appointed  a  meeting  for  April  10  to  discuss  the  ques- 
tions at  issue  c(nu;erning  the  seal  fisheries  in  Bering  Sea. 

On  the  23d  of  Ajjril  there  was  some  correspondence  in  regard  to  an 
order  in  cotuicil  and  an  act  of  Parliament.  On  the  27th  of  April  (Tnder 
Se<'retary  Barringtim,  of  the  foreign  office,  in  an  ofhcial  note,  informed 
Mr.  White  that  "the  ne.xt  step  was  to  bring  in  an  act  of  I'arlianu'nt." 

On  the  28th  of  April  3Ir.  White  was  informed  that  an  act  of  Parlia- 
nu  t  would  be  necessary  in  addition  to  the  order  in  council,  but  that 
"ne.ther  act  nor  order  could  be  draughted  until  Canada  is  Inn  nl  from .'''' 

Mr.  IMielps  returned  to  Jjondon  on  the  22d  of  June,  and  immediately 
took  up  the  subject,  earnestly  pressing  Lord  Salisbury  to  <'otne  to  a 
coiu'lusion.  On  the  28th  of  July  he  telegraphed  his  Goveriiincut  ex- 
pressing the  "fear  that  owing  to  Canadian  opposition  we  shall  get  no 
convention." 

On  the  12th  of  September  Mr.  Phelps  wrote  to  Secretary  Bayard  that 

31 


ill 


hi 


III  ^1 


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1^^' 


r 


m 


•   II 


•  K' 


242 


DiriiOMATIC    COKUKSrONDENCE. 


1  mi 


li 


lionl  Saliahuiy  hiul  stated  that  "  tln'  Canadian  Govcniinciit  ohjoctcd 
to  any  .such  restrictions  |as  those  ask<'d  for  tiie  protection  of  the  seal 
tisheries],  and  that  nntil  ('anad!v's  consent  eonki  he  obtained,  11:  v  Maj- 
esty's Government  was  not  willinj;  to  enter  into  the  t'onvention.'' 

I  am  jnstilu'd,  therefore,  in  assuming  that  Lord  Salishnry  <-an  not  reenr 
to  the  remark  <)f  Mr.  Phelps  as  one  of  th<'  reasons  for  breakinjn  off  tlio 
ne<;'otiation,  beeanse  tlie  negotiation  was  in  actual  pnjpress  for  m«»re 
than  four  months  after  the  rcnuirk  was  made,  and  Mr.  riielps  himself 
took  large  ]iart  in  it. 

Upon  this  recital  of  fa«'ts  I  am  unable  Ut  recall  or  in  any  way  to 
qualify  the  statement  which  I  nnido  in  my  noteof  .June  4th,  totheetVe«!t 
that  liord  Salisbury  "alu'uptly  closed  the  ne|u:otiation  because  the  Ca- 
innlian  (tovernment  objected,  and  that  he  assigned  no  otlu^r  reason 
Avhatever." 

Lord  Salisbury  expresses  the  b<'lief  that  even  if  the  view  I  have 
taken  of  these  transactions  be  accurate  they  would  not  bear  out  the 
argnment  Avhii'h  I  fonn<l  upon  them.  The  argument  to  which  Lord 
Salisbury  refers  is,  I  presume,  the  remonstrance  which  1  niadeby  dire(v 
tion  of  the  Presitlent  against  the  change  of  jxdicy  by  Ilei-  Majesty's 
Government  with<Mit  notice  and  against  the  wish  of  the  United  States. 
The  iuterpositi<»n  of  the  wishes  ut  a  British  province  against  the  c(m- 
<!lusion  ot  a  convention  between  two  nations,  which,  according  to  Mr. 
J'helps,  '■^  had  been  virtiiallff  fif/reed  upon  except  an  to  f/<'/«<7.s,"  was  in  the 
J'resident's  lolief  a  grave  injustice  to  the  Government  of  the  L'nited 
States. 

1  have,  etc., 

James  G.  Blaine. 


If 


CORRESPONDENCE  RELATIVE  TO  THE  JURISDICTIONAL  RIGHTS 
IN  BERING  SEA  FORMERLY  POSSESSED  BY  RUSSIA  AND 
TRANSFERRED  TO  THE  UNITED  STATES  BY  THE  TREATY  OF 
1867  (Continued). 

Lord  ISalinbury  to  Sir  Julian  Pannce/ote. 

No.  166.]  FoKEiGN  Office,  August  2,  1890. 

Sir:  I  have  received  and  laid  before  the  Queen  your  dispatcli  No. 
101  of  the  1st  ultimo,  forwarding  a  (;opy  of  a  note  from  Mr.  Hlaine,  in 
which  he  maintains  that  the  United  States  have  derived  from  Russia 
rights  of  jurisdiction  over  the  waters  of  Behrings  Sea  to  a  distance  of 
UK)  miles  from  the  coasts  transferred  to  them  under  the  treaty  of  the 
30th  March,  18«}7. 

In  replying  to  the  arguujents  to  the  contrary  effect  contained  in  my 
dispatch  10()A  of  the  lilid  May,  Mr.  Blaine  draws  attention  to  (;ertain 
expressions  which  I  had  omitted  for  the  sake  of  brevity  in  quoting 
from  Mr.  Adams's  dispatch  of  the  22d  July,  l.S2.'{.  He  contends  that 
these  words  give  a  dift'erent  meaning  to  the  dispatch,  ami  that  the  latter 
does  not  refute  but  actually  supports  the  present  claim  of  the  United 
States.  It  becomes  necessary,  therefore,  that  1  should  refer  in  gi-eater 
detail  to  the  ccu'respomleuce,  an  examination  of  which  will  show  that 
the  passage  in  (|uesti<m  can  not  have  the  significance  which  Mr.  Blaine 
seeks  to  give  to  it,  that  the  words  omitted  by  me  do  not  in  reality  aflect 


Jurisdictional  kujht8  in  hkking  sea. 


243 


tlio  point  at  insiu',  and  that  tlm  view  wliich  lie  tal^es  of  tlie  iittitndo 
hutii  ot'<in>at  Britain  and  of  the  United  8tates  towards  tlii^  claim  |uit 
forward  by  Knssia  in  IML'I.'  can  not  he  reconeiltMl  with  the  tenor  of  tiu^ 
dispatclit's. 

It  a|>pears  from  tlie  pnhHshed  papers  tliat  in  17!M)tlie  Kmperor,  PanI 
I,  ^(ranted  by  cliarter  to  the  Hussian  American  Oonipany  the  cxclnsive 
ri^lit  of  hnntiii);,  trade,  indnstrics,  and  liiscovcrics  of  new  land  on  the 
N(»rthw«^st('»»a.st  of  America,  from  Behrinj^'s  Strait  to  the  titty- tilth  dej>rcc 
of  north  latitude,  with  jtermission  to  the  company  to  extend  tln'ir  dis. 
coveri«s  to  the  soatii,  and  to  ftu'm  establishments  thei'e,  provi<led  they 
did  not  encroach  ujion  the  territory  oc<rupied  by  other  pow«'rs. 

The  southern  limit  thus  |>rovisionally  assi;>iied  to  the  company  cor- 
resi)onds,  within  liO  or  .'?<»  miles,  with  that  which  was  eventually  a;:reed 
upon  as  the  l)oundary  bi'tween  the  Mritish  anil  Russian  possessions. 
It  comprises  not  only  tin*  whole  American  I'oast  of  lleiin;;-  Sea,  but  a 
lon^'  reach  of  coast  line  in  the  soutli  of  the  Alaskan  i)eninsula  as  far  as 
the  level  of  the  southern  i>orti<Hi  of  Prince  of  Wales  Island. 

The  eharti'r,  whicii  was  issiu'd  at  a  time  of  yii-at  Knropean  excite- 
ment, attracted  apparently  little  attention  at  the  nnunent  and  gave  rise 
t/O  no  renuMistrance.  It  made  no  claim  to  exclusive  Jurisdiction  over 
the  sea,  nor  (h»any  nu'asures  appear  to  have  been  taken  under  it  to  re- 
stri<'t  the  commerce,  navipiti<»n,  tn  tislu'ry  of  the  sultjects  of  foreign 
nations.  Hut  in  September,  1821,  the  Uussian  (iovernment  issued  a 
flesh  ukase,  of  which  the  provisi<uis  material  to  the  present  discussion 
were  as  follows: 

Skctkin  1.  Till!  ]MirHiiit8  of  (■oiiiincrci-,  wliHlin;;,  uikI  tiHliiii<r.  iiiiil  «>t':ill  ntlicr  iiuliis- 
try,  on  all  islaii<l8,  portM,  and  ^iill's,  inrlii'liii};  the  svhoic  u\'  tlie  Noiiliwi'si  CoaMt  of 
Aniitrica,  lie^iniiiii;;  from  Kelirin^'s  .Strait  totlii-r>lst  decree  of  iinrtli<-rii  latitiidi':  also 
t'roiii  the  Ah'iitian  IslaiidH  to  tli<-  ca.stci'ii  roast  ol'Silifi'ia,  as  wt-ll  us  aloii;;'tlM'  Kuril- 
Islaiuls  tVoiii  |{flii'iii};'s  Strait  to  t4ie  south  cajie  of  the  Islaiiil  of  I  riip,  \  i/,  to  15  .><)' 
northern  latitiiil«>,  are  exrliisivi'ly  ^niuled  to  Kiissian  siiliJitctH. 

Si;c.  '2.  It  is  therefore  prohibiird  to  ull  forei|rii  vessels  not  only  to  land  on  the  coasts 
and  islands  beloiiKin^  to  HuNsia,  as  stated  above,  but  also  to  approarh  them  within 
less  than  UK)  Italian  niiles.  The  trans^ri-fHsor's  vitH.sel  is  subject  to  eonliseation,  almi;;' 
with  the  whol(!  carj^o. 

By  this  ukase  the  exclusive  dominion  claimed  by  Ifiissia  on  the 
Amerii'an  continent  was  pushed  sonu'  2iH>  miles  to  the  south  as  far  as 
VaiKtouver  Island,  ami  notice  was  for  the  lirst  time  jjiven  of  a  claim  to 
nniritime  Jurisdiction  which  was  regarded  both  in  Knj^land  and  the 
Cnited  States  SIS  extra vajfant,  or,  to  use  Lord  Stowell's  description  of 
it,  "  very  unmeasiu'e<l  an<l  insupportable." 

Tpon  receivinji' comnnini<'ation  of  the  ukase  the  British  and  United 
States  (iovernnuMits  at  onceobjected  both  to  the  extension  of  tiie  terri- 
torial claim  and  to  the  assertion  of  nniritinu'Jurisdi«!tion.  For  the  pres- 
ent I  will  refer  oidy  to  the  protest  of  the  Uinted  Stati's  Government. 
Thjs  was  nnule  in  a  note  from  Mr.  John  (^uincy  Atlams.  then  Secretary 
of  State,  to  the  Russian  representative,  tlatetl  theli.ith  February,  Isl»2, 
which  contains  the  folhtwin^'  statement: 

I  am  directed  by  the  President  of  the  I'nited  States  to  inform  j'ou  that  he  has  seen 
with  surprise  in  this  edict  the  assertion  of  a  territorial  claim  on  the  jtart  of  Russia 
extending  to  the  tifty-tirst  degree  of  north  latitude  on  this  continent,  and  a  regula- 
tion interdicting  to  all  commercial  vessels  other  than  Knssian,  upon  the  penalty  of 
sei/.urc  and  contiscation,  the  a]>])roach  upon  the  hi;;h  seas  within  100  Italian  miles  of 
the  shores  to  wliieh  that  claim  is  made  to  ajijily.  'I'he  relations  of  the  United  States 
with  His  Imperial  Majesty  have  always  been  of  the  most  friendly  character,  and  it  is 
the  earnest  desire  of  this  Goveruiii;'nt  to  preserve  them  in  that  state.  It  was  expected, 
before  any  a»'t  which  should  d«^tine  ♦he  boundary  between  the  territories  of  the 
United  States  and  Russia  on  this  cont/i»-iit,  that  the  same  woultl  have  been  arrani^ed 


|i.?i 


t  \ 


h  11 


\'i 


n 

m  t 


P' 


244 


DIPLOMATIC    COKUENPONDENCi:. 


1^ 


1 1       -1 


bytrPiity  Itotwocn  i\w  piirtics.  Ti>  cxcliHle  tlie  vosHt-ls  of  oiirritizciiH  fVom  tln»  sliorp, 
licyoiid  the  ordiiiiirv  (liHttiiict'  to  wliifli  tlif  tt^rrilnrinl  JiiriNdictinii  <'\t*-iiilH.  lia.s  (ex- 
cited Htiil  u'i'i!*t4^r  Niir|)riH«). 

Tliis  ordinance  iilVt^'ts  ho  deeply  tliH  rij^hts  oC  tin-  (Hitcd  Stntt^s  and  of  their  <iti- 
zcnstliat  I  am  ii>striictt!d  to  in(|iiir<'  wlictluT  yoii  art-  aiitliori/t-d  lo  ;iivc  i-xphma- 
tioiis  of  the  grounds  oi' I  jirht,  ii|>oii  priiKriph-s  ^ri-m-rally  rt>co<;iii/.fd  hy  th<-  hiws  iiiid 
iisa<res  of  nations,  which  can  warrant  tlic  ciainiH  and  i'<-<;iihitions  contained  in  it. 

TlieRnssiaii  rt^pri'scntative  i'epli«'(l  at  l«'ii;:t]i.  (icCcMdiiijj  tlictcnitoiiiil 
claiiM  on  Hr<»uii(ls  ot'  discovery,  first  occiiparion,  and  uiulistiiiht-d  |m>s- 
s«'ssioii,  and  explaining'  tiic motive  "  wlncii  deTcrniincd  liic  Imperial  (i«>v- 
eninient  to  proliihit  Ibreijiii  vessels  from  approaeliin;;'  tlie  Nortliwest 
Coasts  of  America  helonji'injf  to  Hiissia  within  tlie  distam-e  of  at  least 
100  Italian  miles.  This  measure,'''  lie  said,  -however  sexcre  it  may  at 
lirst  view  appear,  is  after  all  but  a  iiieasnre  of  prevention."  lie  went 
on  to  say  that  it  was  adopted  in  order  to  put  a  stop  to  an  illicit  trade 
in  arms  and  auimiinition  with  the  natives.  a;:ainst  which  the  Kiissian 
(loverrmient  had  frequently  remonstrated;  and  further  on  he  ol)seiv«'d  : 

I  on;;)it,  in  th<>  last  ])la<'*',  to  recincst  yon  to  coimHlt'i'.  sir,  that  lln'  Unssiaii  posst's- 
sions  in  the  racilic  Ocean  extend,  on  thi'  Northwest  <  'oasi  nl' America .  from  ltehrinj;s 
Strait  to  the  lifty-lii'st  dejjroe  of  north  latitude,  and  on  (he  opp<»iie  >idi'  of  Asia  and 
the  islaiidM  ad.jacenl,  from  the  saiue  strait  to  the  forl\-liftli  dej«ree.  The  <-\tent  of 
Hca  of  which  these  possessions  form  the  limits  comprehends  all  the  conditions  which 
are  ordinarih  attached  toxliiil  xfUK  ("  mers  fcrmces"),  and  the  Unssian  (io\  ernmcnt 
mijjht,  consei|nently,  Jud^e  itself  nnthori/.ed  to  exeicjsc  upon  this  sea  tJie  riyht  of 
Kovereij'nty,  and  especiall.V  that  of  entirely  interdict  in^  the  entrance  id'  torciuiiers. 
Hnl  it  prelerred  only  assertiiif?  its  essential  rij;hls.  witiioiit  lakinj^any  advaiita<>'e  of 
localitietj. 

To  this  ^\\'.  Adams  replied  (.'{Oth  March.  1S!!1!).  i»ointiny  ;»nt  that  the 
only  {i'round  jiiveu  for  theextension  of  the  Htinwian  territorial  claim  was 
the  estalilishinent  of  a  settlement,  not  n|>on  tlhe  continent.  I>ut  upon  a 
small  island  actmdly  within  the  limits  prescribed  to  the  HuH«ian  Amer- 
ican (Jom|>any  in  171M),  and  he  went  on  to  say: 

This  pretension  is  to  he  considered  not  only  with  reference  to  tin-  i|uestion  of  ter- 
ritorial ri>;ht.  Imt  also  to  that  lU'oliihition  to  thcM'ssels  of  other  nations.  inclndin<r 
those  of  tlio  I'nited  States,  to  approach  within  IDI)  Italian  miles  of  the  I'o.-ists.  l-'rom 
the  period  of  the  existence  of  the  United  States  as  an  indepciiilent  tiation  t  heir  ves- 
sels have  freely  navlKiited  those  seas,  and  the  ri;;iii  to  naviuate  them  is  a  par*  o'that 
imlependence. 

With  rej;aril  to  the  siigj;estion  that  the  K'nssian  (Government  Tniylii  have  jiistilieil 
the  exercise  of  s(»vereifi;nty  over  th<'  I'acitic  ( >cean  as  a  close  sea,  liecanse  it  claims 
territory  both  on  its  American  and  Asiatic  shores,  it  nuiy  sntlice  to  sax  that  the  dis- 
taiKM'  from  shore  Inshore  on  this  sea,  in  latitnde  TtV  north,  is  not  Itws  than  !«)'  of 
loiifritiide,  or  1,(100  miles. 

The  Russian  representative  replied  to  tliiw  n*»te.  c^ndeavorino;  to  oreve 
that  the  territorial  riohts  of  Hnssiti  on  tli<^  Northwest  <  oast  of  Ann-nca 
were  not  c<  iifined  to  the  limits  of  the  coiict-ssion  ;;iantedto  i  lie  IkU.-tKian 
America*:  Company  in  1700,  and  arj;uin;;  thar  tlie  nivut  extent  of  the 
I'acitic  Ocean  at  tin*  lifty-first  (lejjree  of  luiiitiMile  di«i  not  invalidiite  the 
rij;lit  which  Russia  mi^lit  Inive  to  consitk'r  that  part  of  tlie  ocean  as 
closed.  Hut  he  added  that  further  disciiHsion  of  this  point  was  unnec- 
essary, as  the  Imperial  (lovernment  iiiid  not  nnoujiht  tit  to  take  advan- 
taji'e  (►f  that  ri}rht. 

The  correspondence  then  droiiped  for  a  time,  to  be  resinned  in  the 
followinji' spriuff.  liiitit  is  perfeitly  clear  trom  the  above  that  the  privi- 
le^i'cs  granted  to  the  K'nssian  Ameiican  <'oiiipany  in  170!>,  whatever 
eliect  that  may  have  had  as  regards  otiier  Kussian  subjects,  did  not 
operate  to  «'xclude  American  vessels  from  any  part  ol  the  coast,  and 
that  the  iittempt  to  exclude  them  in  IS2I  was  at  (»nce  resistetl.  Further, 
that  the  Russian  Government  had  no  idea  oi  any  distim^timi  lietweeu 


JURISDICTKIXAL    HIOIITS    IN    HEKING    SEA. 


245 


neliiin«x  Sea  iunl  the  Pucilit'  Ocean,  wliicli  latt«'r  tliey  considered  as 
reacliinji'  sontliwaid  from  lieiiiij;"  Straits.  Nor  tliron<>'iiont  the  wlioh' 
of  th«*  sulisecincnt  correspondence  is  tlierc  nny  reference  wiiatever  on 
either  side  to  any  distinctive  name  for  I'.ehrinji'  Se.i,  or  any  intimation 
tliat  it  conhl  he  consicUn'ed  otherwise  than  as  forniin*:'  an  inlejiia!  part 
of  the  l*aciti<'  Ocean, 

I  n(»\v  come  to  tlie  dispatch  from  .Mr.  .\<hims  to  Mr.  Middh'ton  of  tlie 
li'Jd  of  .Inly.  1S2."5.  to  wliich  reference  lias  i»efoi-e  heen  made,  and  whicii 
it  will  he  necessary  to  (piote  sonn-what  at  lenjith.  After  anthori/.iiij; 
Mr.  Middlefon  to  enter  npon  a  nejiotiation  with  the  Rnssian  ministers 
«'onceinin}i"  tlie  ditferenees  which  had  arisen  from  tin'  ukase  td'  the  1th 
(i<itli)  Septend»er,  IML'I,  Mi.  Adams  contiinn's: 

i''roin  tliu  tenor  of  thi*.  iikiiNe.  rlin  iirfttiiiNionH  of  tlic  linporial  <io\  friinifiit  cxtcixl 
to  :iii  exciiiHive  territorial  JuiiMiirtion  from  llm  fori v-liftli  dryicc  of  iiorili  iiiliiiMle, 
on  tluf  AHiiitir  coiiNt,  to  tin;  IuIimiiIi;  of  .'il  iioitli  on  tin-  wcsli'l'li  roiisl  of  llitt  Anii'ii- 
(san  ironliniMit  :  and  llie.v  aH8nnn-  the  ri<rlii  of  iiiterilicl  iiii;  tin-  navigation  and  tlit* 
HNli*>r\  of  ail  ollifi'  nationn  to  tin-  (;\t<Mit  of  Mill  miles  from  tli<'  whole  of  tliat  roast. 

Tiiii  I  iiited  StatCH  (;an  admit  no  part  of  tliusi'  claiiiiH.  'I'licir  i'iu;lit  of  na\  i;;al  ion 
and  of  liHJiin^  \h  ]i('rlc(;t,  and  liaH  lirni  in  roiistant  cxi-rcisi-  from  llir  cailicsl  limcN, 
afti-r  lliB  pcNirf  of  17s;!,  tliroii<ilioiit  tlio  wliolc  t'xirnt  nf  iIk'  SoiitliiMii  iiccaii.  siilijcct. 
onI\  to  the  ordinary  (•xrc])tions  mid  t^xdnsions  of  tin-  territorial  jiirisdii'tions  wliicli, 
NO  far  as  Ik'ns.sjau  ri^lit^  art-  roiicrrin-d,  aro  ronlincd  to  rcrtain  islands  north  nf  tbit 
lifty-fifth  du<{rei-  of  latitiidu,  anil  liavo  no  rxisli-nru  on  the  contiiiKnt  of  Aiiii-riia. 

Mr.  IJhiine  Inis  iirfiiicd  at  j^i'eat  leno-th  to  show  thtit  when  Mr.  Athims 
used  these  clear  and  forcihie  expressions  he  tlid  not  mean  what  he 
seemed  tt)  say;  that  when  he  stated  thiit  the  I'nited  States  ■•  coidd 
adunt  ni»  )»art  of  these  ci;>.ims.''  he  meant  that  they  admitted  all  that 
|>art  of  them  which  related  to  the  coast  north  of  the  .VIentian  Ishinds; 
that  when  he  spoke  of  the  Southern  Ocean  he  meant  to  except  IJehrinj; 
Sea:  ami  that  when  he  contemied  that  the  ordinary  exceptions  and 
exclusions  of  the  territoriid  Jurisdictions  had  no  existence,  so  far  as 
Hiissian  ri;;lits  w»'re  concerned,  on  the  continent  of  .\merica,  he  used 
the  hitter  term  not  in  a  ji'cooijiphical  hut  in  a  "territorial"  .sense,  and 
tatritly  excepted,  hy  a  very  sino-idar  prtilio  iiriiirii>ii.  the  Itussiiiu  po-ises- 
sions.  In  order  to  trarry  out  this  theory  it  is  necessary  lor  him  also  to 
assume  that  the  negotiator.s,  iu  the  course  of  the  discussions,  nmde  imlis- 
criminate  useof  the  term  "Xorthwe.st  Coast  of  .Vmcrica,"' with  a  variety 
of  si<jf:;;*'''iiii:»i  whi<*h  he  tidmits  tohe  "confusing,  and. tit  certiun  points, 
apparently  contriMlictory  and  irreconcilalde." 

The  reputation  of  the  .Vmerican  statesm(>n  anti  dijilomatists  of  timt 
day  for  caution  jtnd  precision  atlords  of  itself  strong-  aroinncnt  against 
sin-h  il  view,  :ind  even  if  this  laid  iieeii  otherwise,  so  torced  a  cmist  ruc- 
tion wtaild  retpiire  very  stroiiy  evidc  c  to  conlirm  it.  Hut  a  oljiiicc  at 
the  rest  of  the  tlispatch  and  iit  the  other  papers  will  show  that  tliei 
more  simple  interpietation  of  the  words  is  the  cturcct  one.  For  Mr. 
Adams  o<m.s  on  to  say: 

Tlu'  corrt'sjiondt'iK'f  ln'twfcn  M.  Polctira  and  this  Wcpiirtmi'iit  containrd  no  dis- 
RUHsion  of  tlif  ]irin(Mpl('H  or  of  tlii' fa(;ts  iijion  wliirh  In- at  Icmpti'd  thf  jnslifirat  ion 
of  the  imperial  nUas*'.  'i'liis  was  purposely  avoided  on  our  pari,  under  tlu;  expeeta- 
tioii  that  the  Imperial  (■overiiment  eonid  not  fail,  upon  a  revii'w  of  ilie  measure,  to 
revoke  it  altojjether.  It  did.  however,  oxeile  niiieli  piihTe  animadversion  in  this 
eoiintry,  as  the  iikiiHe  itHelf  liad  already  done  in  l'ln;:land.  I  iiielose  herewith  the 
Nnrtli  Aineriean  lievii-w  for  iietolier,  \X'2'2,  No.  liT.  wliieli  eontains  an  artiele  ( pajjc 
;{"(•)  written  hy  a  peiNoii  fully  niasler  of  the  snlijeet  ;  niid  for  the  \  iew  of  it  taken  in 
Kn^laml  I  refer  yon  to  the  hfty-seeoml  niiinher  of  the  t^uarlerly  Ifexiew,  llie  article 
upon  l.ieiiteiiant  Ivot/.ehne's  voya>ii's.  I''iiim  the  art  iele  in  the  Ninth  Ainerie;iii  {{e- 
\'iew  it  will  lie  seen  thai  the  ri;;:lils  of  diseovery,  of  oeenpaney,  and  of  nneontestctl 
liuHHeNHioii  alleged  by  M.  Foletieu  are  all  withuiil  foundation  in  tact.     *     *     * 


If 
I 


i 


«>-r 


\ir\ 


I 


ii'l! 


^■ 


i 


h 


2Ul 


itli'i.oM.M'ic  cou'U'r.sroN'Mr.Nci:. 


Oil  rcrcnMKM'  lollu'  last  iiuMitioiicil  iirlicif,  it  will  b<>  fouml  that  tlio 
\vrit»M-  stall's  that : 

inrii-a  ami  tile  tu^i*  naviv'-'itioii  nl  I  In'  \vatt>iv 


A  truili'lii  the  iiortliwrshMii  ciiaHl  of  Ainnrii-aanil  tlic  rriti>  naviv'-'itioii  nl  I  In'  waters 
thai  waxis  lis  sIkii'cs  Iia\  c  lifcn  t'iiJo\  <'il  as  a  roiiiinnn  i'iL:iil  liy  Miii>i<-cts  iif  t  In'  riiilnl 
Stall's  anil  nl  si'vrral  l''.iii'ii|ii>aii  |ii>\\its  witlnnii  iti(iM'i'ii)ttiiiii  I'm  n-arl.v  l<>rl.v  vi>ars. 
\Vi'  an-  li\   iiK  iiii'.'itis  |)i'i'|)air<l  In  ln'lii'vi-  or  ailmil   Ihat  all  III  is  lias  ln'i'ii  mi  -.iiU'i-ranro 

iiii'i'i'lv,  anil    lliat    \\\v  riiililx  o\'  rmniiiercoiiiiil    iiavi^riiLmn    in   tliai  i'i<)rimi  Iimnt   I n 

vi'Hii'il  in  K'lissia  alone. 


l-'iirtlMT  on  lir  puts  tli<>  ijiiostioii  in  thn'  folii 
ar«'  his  o\\  n) : 


n'iii};'  iimtiiK'r  (tlu>  itiili<-H 


It  IS  not.  \vi'  :i|)|iri'lii'n<l,  wIicIIht  Kussia  hart  any  HcMifinoiils  Miiif,  gi\  i- lirr  ItM'ri' 
tiirial  riainis  on  llir  rmilini'til  ol  Aini'lira.  This  wo  'i><  moI  il(>n\  .  Itut  \t  is  irhrlliii' 
llii  litititiiiii  III'  lliiisi  sillli  nil  iih  mill  till  ilixriii'irifK  •</'  lliet'  imiiinilors  mv  nurli  iin  tliiji  iin' 
rifiini  iiliil  III  hi  ;  irliiliiir  llii'ii  iiilitli  lirr  In  tin-  in  liisin  ....•(WM.iion  ni  the  wliolf  lirritiiiil 
itorlh  ol'  M     mill  In  sniiiiiiiiihi  onr  Hit    I'niijir  liintii  liviiixm  ikiil  iimiitlil. 


Tlif  ilrat't  coin  I'litioii  was  as  iollows: 


i>i!\i  I  ui    ri!i  MY  111  rwii  \   riii:  imiku  statks  am>  hi'ssia. 

.  .  e 
Aimri.K  I.  In  onliT  to  siri'iiytin'ii  tlic  l>onilsol°  lVion(islii|i,  anil  to  |>r»(si"vi' ni  liitnr^ 
a  porti'i't  liarnimiy  Mini  nmul  nnili'i'sianilinu  iu'twcfii  ll'c  c-ont  lart  ini;  |iaii  it's,  it  i 
aurct'il  (hat  thiMV  ri'siirciivo  ciii/tMis  ami  snli|iM'ts  shall  not  l»i>  ilistnrlird  or  molcsli'il' 
•■itluT  in  naviiiaini';  m-  in  i-anyini;  on  tlii-ir  lisherii's  in  thf  I'acitii-  On-an  or  in  lln( 
South  Si-as.  or  in  lanilinu  on  thf  ■  oasts  ol'tlio.o'  seas,  in  )>laros  not  alrraily  oi-rnpii  (I, 
I'm-  till'  |oM|iosi'  o('  fairyini;  on  tin'ir  roniituMT''  with  tli«»  nalivos  of  Mm  roiintry .  snli- 
jfiM,  ih'mtIIu'Ii'sm,  to  !lii>  ri'slriil  inns  anil  )h'o\  lsioiih  s|M*<'itii'il  in  the  two  I'ollowin;^ 
lUtioh'S. 

Altr.  II.  To  till' finl  that  <hi'  na\  ijjalion  aiu'  tslnTx  of  tin- rili/cns  anil  snhjt'its  of 
thf  lontiartinu;  itartifs.  iis]ii'f|  i\  fK.  in  tin  \'.u-  lie  Oifan  or  in  llif  South  Seas  max 
not  Uf  inailf  a  pii'ifNt  lor  illicil  iradf  with  iln-r  rfspfftivo  sf  It  !f  nwiits,  it  is  aiircfil 
thiif  I  iif  iiti/f  ns  ot'  thf  rnilfil  Si. iifs  shall  not  u.inl  on  an\  part  of  thf  coast  ait  nally 
Off  npifil  li\  K'lisM.iii  sett  If  iiif  nts.  iinliss  liy  pf  i'ini--«ion  of  I  lif  fn>\  f  fiiof  or  foniinanilf  r 
thfi'fot.  aiiil  that  K'lissian  siilijffts  shull,  wi  HIm*  Mi:iiinfr.  In-  intf rilic tfil  froin  lainlin^ 
without  pfrinission  at  aii\  sfttlfiiifiit  ot  rlif  I'liiu-il  StiitfH  on  the  siiiil  Nmtli wi'st 
I'oast. 

Aisr.  mi.  Iti-.iut'fil  th;'i  no  sfttlfiiifiit  >lij«lll  lt»<  inailf  hf  rfafti-r  on  tho  Noiihwfst 
Coast  I'Ki  AiHiTii  a  I'  iiti/fiiH  ot'  ti'f  I'nitfii  '^i.iii.c-.  or  nnilfi' thf  ir  authority,  north, 
nor  li\  l,'{.n.s»*;«it  •Mil»»«"fts,  or  nmli-r  thf  ant  Inn'!  i  v  of  KiiHsia,  south,  of  thf  .">r>tli  ilfm'fo 
ofnorrh  latitinlf. 

Ill  ail  *'xpiaiiaiii<«ry  «iiM|iaf<'li  lo   Mr.  J]kai,<4i,  the  Auiericaii  Minister  in 
Lonihtii.  saiikt'  <lair<«'.  Mr.  Adams  sa.VH: 

Thf  ii:ih.T  iM  farr\insion  irailf  with  thf  iiaMv.'fs  t hron^limtt  thf  Xorthwfst  Coast 
tlii*^  V''^'  I  iti't^il  >tut't<s)  fuii  uiit  iviKMiiife.     Wioli  till-  UnnHiuu  ttflt lenient. s  tit  Koiliak^ 


!l 


.M'KisiunioNAL  UKiiri's  IN   ifr.i.'iNi;  si:a. 


217 


<»r;i(  New  Alrliiill^rl,  lllcv  Illll.V  lllills  I'lllitil  I  lie  ^|il\  mil  !;;<' iil' ii  (Vrc  trilili-,  Il-inIii^mo 
Ion;;:  •'iijoyt'tl  il  iiiiiiiolrNlril,  iiihI  Ik-iiiiimi'  it  liim  lici'ii  iiikI  wniilil  rout  itiiK'  to  ln'  lis  iid- 
v:iiil:ii;roiiN  lit  Ii'iinI.  lo  I  Iioni' si't  I  Iniifiils  ii.s  totlii-iii.  lint  tlii-v  will  not  roiitimt  l.lir 
ri;;lil  ol' ItiiNsiii  lo  proliiltit  llic  triillir,  iim  Ntrirt  l,\  cotilini'tl  to  liir  liiiNNiiiii  Hct  t  li'iiif^iil, 
ilM'll',  iMiil  iiol  i'nIimiiIiii^  lo  llif  ori^iiiiil  ii:i(j\i's  of  tin-  l■oll^4l.  '      ' 

II  isiliHinill  (ocoiMrivi'  how  IIm'  (rnn  "  Noi  lli\\«'s|  ( 'oiist  of  AiiH'iir;i," 
iisfd  line  iiiid  i'ls«'\\  licir,  riiii  he  iiit(>r|ii't't<Ml  ol  linn  isc  tliaii  its  :ip|>lyiiij; 
In  llic  N«»rMi«rs(,(!o;isl  of  AiiM'iirii  ;;('iH'iiill.v,  fir  Isow  it  ciiii  Im' snioiisly 
roiih'iidnl  lliiit  it  was  iiitsiiit  lo  (l<>iiolc  only  tlic  itioic  wt'slnly  |m>i-Ijoii, 
(*\rlii(liiio  tlir  iiioi'f  iiorthwrstfrly  pari,  Ix-i-aiisi' l>y  iM'coiiiiiio  a  Itiissjaii 
possrssioii  this  latl(M°  liad  (trasi-i!  to  Im>Ioiio   |o  |||f  AiiM-iiraii  roiitiiiriil. 

.Ml'.  iUaiiic  st.alt-s  lliat  when  .Mr.  .Mj<hll<-loiMh'flar<'il  that.  Itii.H.sja  had 
no  ijohi  ot'cxrliisioii  on  Mm-  <-oast.s  of  ,\ni<-i'i<-a  In'tworii  tin-  lil'tit'lli  and 
si\ti*>lii  d<>;>'rr<>s  rd' north  latiliid<',  nor  in  the  .sca.s  wliirh  wa.shcd  lltosc 
roasts,  lie  iiitt'iidcd  to  iiiak«'  }idistin(-ti«>n  hftwiM'ii  r>fliriii;;  Sea  and  Mm- 
i'at-ilM- <  >c('aii.  Ilitt  upon  r<'t<-r4>iM-<'.  to  a  map  il  will  Im>,  .si-<>n  that.  th<^ 
sixtieth  d<-};r(i'«'  »d'  north  latitude  strik(-s  sliaiyht  aeross  ISehriii;;  Sea, 
leaving  l>y  tar  the  larger  and  more  important  part  of  it  to  the  soiiMi, 
so  that  I  eonfess  it  appears  to  me  that  l>y  im»  eon<ei\alde  eonstniefion 
of  his  words  can  Mr.  Midiileton  he  supposed  to  have  excepted  that  .sea 
from  tlios)-  wliieli  he  de(-lared  to  lie  free. 

With  reo'ard  to  the  eoiistriietion  whieh  .Mr.  lilaine  puts  upon  the 
treaty  betwiM-n  (he  United  Stat(-s  ainl  l.'iissi;;  of  the  ITlli  April,  IHL'I,  I 
will  only  say  that  it  is,  as  far  as  I  am  aware,  an  (-iitirely  novel  one,  that 
there  is  no  tra(-(-of  its  having;'  Ix-en  kiiown  lo  the,  various  piihlieists  who 
have  }>'iveii  an  ae<;ouiit  of  tlic,  eontrover.sy  in  treaties  on  internatioiiiil 
law,  and  that  it  is  eontrary,  as  I  shall  show,  to  that  whieh  Mm-  liritish 
ne;iotialors  plai-ed  on  the  treaty  when  th<-y  adopted  the  first  and  seeond 
articles  lor  iiisertiwii  in  the  liritish  treaty  of  tlu^  L'Hth  Fel»iuaiy.  isi'."), 
I  must  further  dissent  from  his  intt-rpretation  of  .\rticle  VII  of  the  lat- 
ter treaty.  That  iirticle  jjives  to  the  vess(-ls  of  the  two  powers  "liherty 
to  fr(-<|uent  all  the  inland  seas,  ffiilfs,  havens,  and  en-eks  on  the.  coast 
mentioned  in  Article  III  for  the  piirpo.^^e  of  tisliino'  and  of  tradin;c  with 
the  natives.'"  The  expression  "coast  mentioned  in  .\rticle  1 1 T*  can 
only  refer  to  the  first  wonlsof  the  artich-:  "TIm^  lineof  demarcati«>n  l>e- 
tw(-eii  the  pos.se.ssions  of  flu;  hiyli  eoiitracfin;;'  parties  upon  MuM-oast  of 
the  continent  and  the  island  of  America  to  the  noil  h  west  shall  bediawii,^' 
etc.  That  is  to  say,  it  included  all  the  p(»ssessions»»f  the  tw(t  powers  on 
the  Northwest  (.'oast  of  Am(-ri(-a.  l-'or  there  would  have  Ix-eii  no  sense 
wiiatever  in  stipulating  that  Russian  vessels  should  have  freedom  of 
access  to  the  small  portion  of  coast  which,  l»y  a  later  part  of  the  article, 
is  to  belong'  to  Russia.  .And  as  i)eariii;;on  this  point  it  will  be  noticed 
that  Article  N'l,  wlii(-.h  has  a  more  restricted  bi-aiin;;,  speaks  only  of  "the 
subjects  of  His  Hritannie  .Majtisty"  and  iA'  ''■{\\v  liiif  t^l' ntUHt  dvHcrihcd'wx 
Article  III." 

The  stipulation  of  the  treaty  were  formally  r<'newe<I  l»y  articles  in- 
serted in  the  tjeneral  tr<'atiesof  <-ominerc(-  betwj-en  (ireat  liritain  and 
Ifussia  of  ISt;;  and  18.'){>.     Hut  .Mr.  rdaiiie  slates  that  — 

'I'lir  rijjiil.s  of  the  liuHHlaii  Aim-riiim  Coriipiiiiy  wliii  li,  miilii  liotli  iikii-ics.  iii(lii(lf>il 

lllr  .soV('lciy:iil\  ovrr  t  III- NCII  to  Ilir  cxti'Ilt  of  100  iiiiJcN  IVoiil  the  sliori--.,   WfMf  li-HiTVC<l 

l>\  .spci'iii!  rliiiiHf  ill  II  Ht'piiriili-  iiiiil  .H|nMiiil  aillfio  .si;^ii('i|  urici  tin-  pi'iiii'i|iiil  iirticN-.s 
oi'  I  III'  ti'riit.v  IiihI  Im'i-ii  coiu'liiilril  iiinl  Hi^riii-ii. 

Upon  this  I  have  toobserve,  in  the  first  place,  that  th<- ukase  of  17!H) 
did  not  contain  any  mention  what«^vei- of  soscreiyiity  «»ver  the  sea;  sec- 
ondly, that  the  eonte.vt  of  the  .sejiaratt-  article  is  such  as  alt«»y;ether  to 
lirecliide  the  interpretation  that  it  was  meant  to  n-cojiiii/e  the  objec-- 
tionable  claim  contained  in  the  ukase  of  1821.  1  will  ([iiote  the  article 
at  K'ligtli : 


<*! 


Hi    ■ 


If, 

'hi 


*:,/» 


il; 


V 


\i  .« 


I 


ii 


248 


DIPLOMATIC    C()RRKS1'0N1)P:NCE. 


SFVAItATK   AHTUI.K    II. 


I<  M 


!•!    n 


It  is  iindiTstood  in  likf  ni:iiiii<-r  tliiit  tlii'  cxreptioiiH,  iniinnnitioH,  ninl  piivilojjcH 
]icn>iiiiiftrr  iiiciilioiDMl  nIiiiII  not  Ik-  coimidcrcil  iis  at  variiiuct^  witli  tlit^  ])rini'ipl(^  of 
rtciprocity  wliicli  Cornis  tli<>  liasis  ol'tho  treaty  iil'tliiH  datji,  that  is  to  say: 

1.  The  cxt'niption  IVoni  iiavi<>'ation  dues  (liii'in;r  the  lirst  tlin^'  yoai's  whit'ii  is  en- 
joyed l>y  vessels  huilt  in  h'lissia  and  lielon<;in^  to  linssian  snbjeets. 

2.  Thi' exemptions  of  tlie  liki- natnic  granted  in  tliV  Knssian  ports  or"  the  Klack 
Sea,  the  sea  of  Azof,  and  tin^  Paniihe  to  sni'li  Turkisli  vessels  arriving  from  j)orls  of 
tlie  Ottoman  Kni])ire  -.itnated  on  tin-  lilaek  >Soa  as  do  not  oxcuud  80  lasts  harden. 

S.  The  permission  gi.inte<l  to  the  inhabitants  of  the  coast  of  tlie  <iovernnn-nt  of 
Ari'imngei  to  import  dnty  free,  or  on  iniynient  of  moderate  duties,  into  jtorts  of  tlie 
Haid(!ovornnu>nt  dried  or  salted  lisli,  as  likewise  eertain  kinds  of  fnrs,  an<l  to  export 
therefrom,  in  the  same  manner,  corn,  rojie  and  conlage,  pitcli,  and  raveimilnck. 

■I.  The  privilege  of  the  Itiissian  American  C  )mpany. 

.'>.   'I'he  i)ri\  ilege  of  the  steam  navigation  companies  of  Lnheck  and  Havre;  histly, 

li.  The  inimnnities  granted  in  Unssia  to  cert  tin  Knglish  companies,  called  "yacht 
clnhs." 

To  suppose  that  uii(U;r  tin'  siinpl<'  M-onls  ''the  i)rJvil«»jj«'  of  tlie  Rns' 
sian  Aiiu'iicaii  Conipaiiy, '  ])Iace(l  iii  coimection  with  the  privilejio  of 
FreiH'h  and  (Jonnai!  steam  iiiivi;iaiioii  companies  and  the  ininuinities 
of  yacht  chibs,  it  was  intenih'd  to  aeknowled^je  a  claim  of  Jinis<li«-tioii 
against  which  Her  Majesty's  (loveiiiment  had  formally  protested  as 
contrary  to  iiiternatioiial  law,  and  which  it  had  avowedly  been  one  of 
the  main  objects  of  tiie  treaty  of  1.S2.J  to  extin«;iii.sh,  is  a  suftj^cstion  too 
improbable  to  I'eqnire  any  lenj:thened  discussion. 

Hut  Her  Majesty's  (loveriime.it  did  not  ofcour.se  aj^ree  to  tli<  a-tide 
Avithout  knowiu};'  what  was  the  e\.>(!t  nature  of  the  i)rivih';;cs  thus  ex- 
cepted frcmi  reciprocity.  They  had  received  from  tl:e  liussiaii  aml)a.s- 
8a<lor,  in  December,  1842,  an  explanatoiy  meiii<;r<in<lum  on  this  subject, 
of  which  the  following  is  the  portion  relatiuy  to  the  Russian  American 
Company : 

IV. 

l.a  Compagnie  K'nsse  Ami^rieaine  a  le  privilege  rt'expddier  francs  de  droits  de 
Ci'onstadt  antonr  dn  monde  et  d'Oeholsk  dans  les  colonies  russes,  les  prodnits  russes 
ainsi  <)i:e  les  marchandises  (■trangiTcs  ilont  les  droits  out  dt'-Ja  ett'  preleves;  <le  menie 
uTimporter  an  retonr  de  ces  ctdonies  des  eargalsons  de  iielleteries  et  d'antres  prodnits 
de  ces  colonies,  sans  payer  aiicnn  droit,  si  d'apres  les  lens  genei'ahts  il  u'est  pas  etahli 
d'impot  particnlicr  inlerieiir  snr  les  marchandises  ile  pelleterie. 

(HisirralioH. — h'ajnes  le  larif  en  vignenr,  I'importation  di-s  fonrrnre.s dans  les  ports 
«le  !<t.-P6tersliourg  et  d'Arciiangel,  de  proilnction  rnsse  et  snr  des  vaisseaix  rnsses, 
est  adinise  san»  droits. 

It  is  surely  incredilde  that  if  the  privilege  of  the  Russian  American 
Tompany  did  tuunprise  a  right  of  excludinjif  vessels  from  approachiii}? 
within  l(>0  miles  of  the  shore  it  shoiiUl  not  even  have  been  alhuh'd  to 
in  this  (*\planati(m. 

Nor  is  it  possilde  to  agree  in  Mr.  IJIaiiie's  view  that  the  exclusion  of 
foreign  vessels  foi'  a  distanc;'  of  100  miles  from  the  coast  remained  in 
f(U'ce  pending  the  negotiations  and  in  .so  far  as  it  was  m»t  modified  by 
the  <'oiiventions.  A  claim  of  juristlictiou  over  the  open  .sea,  which  is 
not  in  accordam-e  with  the  recogni/ed  principles  of  international  law  or 
usage,  may  of  course  be  as.serted  l»y  force,  but  <'a!i  not  be  said  to  have 
any  legal  Vididity  as  against  the  ve.ssels  of  other  cotintrirs,  except  in 
so  lar  :is  it  is  positively  iidniitted  by  conventional  agreements  with 
thos«'.  countries. 

I  do  not  sup))ose  tlcit  it  is  necesiiiiry  that  I  should  argm>  at  length 
npiui  so  elcinentary  a  jioint  as  tiiat  a  claim  to  prohibit  the\esHelsof 
other  nations  from  appioacliing  within  a  distance  of  100  miles  from  the 


JURISDICTIONAL    KIGIITS   IN    BERINO    SEA. 


249 


(M)ast  is  rontritry  to  nioilcM'ii  intcniiitional  iisajic.  Mr.  Adams  anil  Mr. 
('anniiijfcloarly  tb(Mj;;lit  in  lfSi'3  tliat  tlie  matter  was  beyond  doul>t  or 
disfussioii. 

Till'  rule  yrh'uh  was  n'cof-nizt'd  at  tliat  time,  and  whicli  lias  been  gcn- 
crally  aibnittcd  botli  by  jjublii-ists  and  (Jovcriiuients,  limits  tlic  Juris- 
diction of  a  country  in  the  open  sea  to  a  distance  of  .'{  miles  from  its 
coasts,  tiiis  iiavinp-  l»een  considered  to  be  the  range  of  a  cannon  sliot 
wlien  the  |»rincii>h'  was  adopted. 

VVheaton,  wlio  may  be  regarded  as  a  contemporary  authority,  equally 
resjiecteil  in  Kurope  and  America,  says: 

Till'  iiiiii'itiiiii'  tui'i'itory  ot'cvci'.v  Stati'  extends  t(»  tlie  ports,  linrliors,  Uuyn,  iiioiiMih 
of  rivers,  anil  inljarent  parts  of  tlie  sea  ineloneil  l>y  beaUlands  lielon^jiny;  to  tlie  s,-imt» 
State.  Tile  y;eneral  iisajie  of  nations  snperadds  to  this  extent  of  territorial  Jurisdic- 
tion a  distance  of  a  nnirine  Iea>>'no,  or  as  far  us  a  cannon  shot  will  reach  from  tho 
shore  ahdifi  all  the  coasts  of  the  State. 

And  again: 

The  rule  (d"  law  on  this  snlijeet  is  trrra'  (loniiniinn  finitur  «hl  finitiir  armonim  vh; 
and  since  th«-  introduction  of  lirearnm  that  distance  has  usually  been  recugni/ed  to 
lie  aliont  l-f  miles  from  the  sh  )re. 

Cliancenor  Kent,  who  is  inclined  to  advocate  a  more  extended  limit, 
still  admits  that — 

Accordinji;  to  the  current  of  modern  authority,  the  general  territorial  Jurisdiction 
extends  into  the  sea  as  far  as  cannon  shot  will  reach,  and  no  farther;  and  this  is 
generally  calculated  to  be  a  marine  league. 

< -alvo,  one  of  the  most  recent  text  writers,  makes  a  (corresponding 
statement: 

hes  linutes  Juridietionnelles  d'un  r.tat  enibrassent  non  seulement  son  territoire, 
niais  encore  les  eaux  (|ui  Ic  traversent  on  I'entourent,  les  ports,  les  bales,  les  golfcM, 
Ics  embouchures  des  tieuves  et  les  mers  enclavoes  dans  son  territoire.  I. 'usage  gi'-- 
neral  des  nations  jiermet  (^galement  aux  l%tats  d'exercer  leur  Jnridiction  wiir  la  xone 
niaritinn;  Jus(|u'il  8  milles  marins  uu  a  la  purti^e  <l<>  cannon  de  leurs  cotes. 

But  i  need  scarcely  a])peal  to  any  other  authority  than  that  of  the 
United  States  Government  itself. 

In  a  note  to  the  Sjianisli  minister,  dated  the  IGth  December,  1.S(»i*, 
on  the  subject  of  the  Spauisli  claitn  to  a  G-niile  limit  at  !*ea,  Mr.  Se\^  tirtl 
stated:' 

A  third  priucijde  bearing  on  the  subject  is  also  well  established,  namely,  that  this 
exclusive  sovereignty  of  a  nation — thus  abridging  the  universal  liberty  of  the  seas — 
extends  no  farther  than  the  power  of  the  nation  to  maintain  it  by  force,  stationed  on 
the  coast,  extends.  This  principle  is  tersely  expressed  in  the  maxim  "  leira  dominium 
Jinihir  iihi  Jinitiir  annonnn  ri.v. 

I^nt  it  must  always  be  a  matter  of  uncertainty  and  dispute  at  what  point  the  force 
of  arniN,  exerted  on  the  coast,  can  actually  reach.  The  publicists  rather  advanced 
toward  than  reached  a  s(dution  when  they  laid  down  the  rule  that  the  limit  of  the 
force  is  the  range  of  a  cannon  ball.  The  range  of  a  cannon  ball  is  shorter  or  longer 
according  to  the  circiimstancos  of  projection,  and  it  must  be  always  liable  to  changt- 
with  the  improvement  of  the  science  of  ordnance.  Such  uncertainty  u]ion  a  point  of 
Jurisdiction  or  sovereignty  wunbl  be  productive  of  many  and  endless  controxersies 
anti  conllicts.  A  more  practical  limit  of  natioiuil  Jnrdisdiction  ufion  the  high  seas  wan 
indispensably  necessary,  and  this  was  found,  as  tlie  undersigned  thinks,  in  fixing  the 
limit  at  '.i  ndles  from  the  coast.  This  limit  was  early  proposed  by  the  jtublicists  of 
all  nniritiiiie  nations.  While  it  is  not  insisted  that  all  nations  have  accepted  or 
aci|niesce(l  and  boninl  themselves  to  abide  by  this  rule  when  applied  to  themselves, 
yet  three  points  invidved  in  the  subject  are  insisted  upon  by  the  United  States: 

!.  That  this  limit  bus  bet^n  generally  rocogni/.ed  by  nations; 

2,  That  no  oth(>r  general  rule  has  been  accepted;  and 

;{.  That  if  any  State  has  succeeded  in  fixing  for  itself  a  larger  limit,  this  has  been 
done  by  the  exercise  oi'  imiritime  power,  and  I'lnistitutes  an  exception  to  the  general 


'I- 1. 


'  (I] 


■■i-i 


'  \\  liKttou'.  liilcriiut  iouiil  Law  Uigvst,  vol.  1,  $  32, 


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DIPLOMATIC    CORRKSPONDENCE. 


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W   ^  *• 


v>     '! 


iiiiilrrstiiniliii<;  wliidi  lixcs  tlif  riiiigc  of  a  caiiiio))  shot  (wlicn  it  in  made  the  tost  of 
jurisdiction)  at  3  iiiiles.  80  tjenerallv  is  tliiH  nilf  acicptod  that  writers  <  niiiiiioiily 
iisf  till'  rxpn'SKioiis  of  a  ran^t- of  raiinoii  sliot  anil  3  uiilfH  as  ei|nivali-utH  of  cui'Ii 
otlii-r.     In  otiier  nisi's,  tlii-y  use  tin-  latter  expression  as  a  substitute  for  the  former. 

And  iu  a  later  ('oinnmnicatioii  ou  tlic  8aiiie  subject  of  the  lOtli  Au- 
gust, 180t{,  ho  observes: 

Nevertheless,  it  ean  not  be  admitted,  nor  indeed  is  Mr.  Tassara  understood  to  claim, 
that  the  mere  assertion  of  a  sovereign,  by  an  aetof  legislation  however  solenni,  can 
jiavo  tlie  etVcet  to  establish  and  tix  its  external  niaritime  jnrisdiction.  Ilis  riglit  to 
n  Jnrisiliciion  of  U  miles  is  derived,  not  from  his  own  decree,  but  from  the  law  of  na- 
tions, and  exists  even  though  he  nniy  never  have  ]>roclainied  ur  asserted  it  by  any 
decree  or  declaration  whatsoever.  lie  can  not,  by  a  mere  decree,  extend  the  limit 
and  fix  it  at  0  miles,  because,  if  he  could,  Iu;  could  iu  the  same  manner  and  n|>on 
motives  of  interest,  ambit  ion,  or  even  n]ion  caprice,  tix  it  at  10,  or  20,  or  . 50  miles 
without  the  consent  or  aciiuisescence  of  other  powers  which  have  a  connnon  right 
with  himself  in  the  freedom  of  all  the  oceans.  >Such  a  pretension  could  never  besnc- 
<«'SMfully  or  I'ightfully  maintained. 

The  same  prineipU's  were  htid  down  in  a  note  addressed  to  Sir  E. 
Tliornton  by  Nir.  Fi.sh,  then  Secretary  of  State,  on  the  22<l  January, 
1875.    Mr.  Kisli  tiierestatetl: 

We  have  always  understood  and  asHcrteil  that  prrsuant  to  public  law  no  natiru 
can  I'ightfully  claim, jurisdiction  at  sea  beyond  a  marine  league  from  the  coast. 

lie  then  went  on  to  explain  the  only  two  exceptions  that  were  appar- 
ently known  to  liini  so  far  as  tlie  United  States  were  <*oneerne<l:  Cer- 
tain revenue  hiws  which  adnntted  tl>o  boarding  of  vessels  at  a  tlistance 
of  4  h'agues  from  the  coast,  wliicli,  lie  said.  Lad  never  been  so  applied 
in  practici'  as  to  give  rise  to  comjilaint  on  the  part  of  si  foreign  «-overn- 
nient;  and  a  treaty  between  the  United  States  and  Mexico  of  1S48,  in 
which  the  bmmdary  line  between  the  two  States  was  described  as  be- 
ginning in  the  (Itilf  of  Mexico  3  leagiu's  from  land.  As  regards  this 
stipidation,  he  observed  that  it  hatl  been  explained  at  the  time  that  it 
could  only  aflect  the  rights  of  Mexico  and  the  Unitetl  States,  and  was 
never  intended  to  tren<h  upon  the  rights  of  Great  liritain  or  of  any 
other  powj'r  under  the  law  of  nations. 

It  wotdd  seem,  therefore,  that  Mr.  Fish  was  entirely  unaware  of  the 
exj'ejitional  Juristlii-tion  in  Uehring  Sea,  which  is  now  .said  to  Inive  been 
conceded  by  the  United  States  to  Kus.sia  from  1823  to  1807,  trans- 
ferred to  the  United  States,  so  far  as  the  American  coast  was  concerned, 
only  eight  years  before  he  wrote,  and  which  would  jiresumably  be  still 
asknowledged  by  them  as  belonging  to  Jiussia  on  the  Asiati<'  shore.  I 
must  snppo.se  that  when  Mr.  Hlaine  states  that  "  both  the  United  States 
;ind  (Ireat  Britain  recognized,  respected,  obeyed"  the  uka.se  of  1821, 
in  so  far  as  it  aHected  I'.ehring  Sea,  he  has  some  evidence  to  go  upon  in 
r<'gard  to  the  condiu-t  of  his  <'ountry  which  is  unknown  to  the  world  at 
large,  antl  which  he  has  not  as  yet  produced.  Jiut  1  nuist  be  allowed 
altogether  to  deny  that  the  attitude  of  (Ireat  Britain  was  such  its  he 
represents,  or  that  she  ever  admitted  by  act  or  by  sutferant'c  the  extra- 
01  d  I  nary  claim  of  maritime  Juri.sdiction  which  that  ukase  contained. 

The  iiudo.setl  copies  of  c<u're.si)ondeiu'e,  extracted  from  the  an^liives 
of  tliis  oHice,  make  it  very  ditticult  to  believe  that  Mr.  Blaine  has  not 
been  altogether  letl  into  error.  It  results  from  them  that  not  only  di<l 
Her  Majje.sty's  (lovernment  formally  i)rotest  against  the  uka.se  on  its 
Mrst  issue  as  contrary  t<»  the  ackn(»wledged  law  of  nations,  but  that  the 
Knssiaii  (lovernment  gave  a  verbal  assurance  that  the  claim  of  Juris- 
dirti'in  would  not  be  exercised,  hx  the  sub.seipU'ut  negotiations  gri'a^ 
imp.'i'tance  was  attached  to  obtaining  a  more  formal  disavowal  of  the 
claim  in  the  maimer  least  hurtful  to  Kussian  susceptibilities,  but  so  as 


!1S 


Jurisdictional  rights  in  berino  sea. 


251 


effectuiilly  ti>  jn'ci'linl*'  its  revival.  And  this  security  tiie  British  (Jov- 
enimeiit  un<luul>te(lly  considered  tluit  both  they  and  the  Tnited  States 
]iad  oljtaiiiod  by  the  conventions  of  1.S24  and  ISiTi. 

l'])on  this  point  the  instructions  given  l»y  Mr.  (leoryc  ('annin;-  to 
Mr.  Stratford  Cannin;;,  when  the  hitter  was  named  jdenipoteiitiary  to 
n«'};()tiate  the  treaty  of  IHi'."),  have  a  niateiial  bearinji'. 

Writing  under  date  of  the  .Stli  l)e<'end)er.  1S24,  after  giving  a  suin- 
nuiry  of  tlie  negotiations  up  to  tliat  date,  he  goes  on  to  say — 

It  i.s  <-oiii])ai'ativel,v  inilitl'ereiit  to  iih  wlii'tlifr  we  liiistt-n  oi'  |)ost|Mtn*;  all  <|ii<'Htii)tis 
i'cs)M-ctiii;<;  the  liinitH  of  tttrritorial  posNi-sHioiiH  on  the  contiiK'nt  of  AiiK-rica.  Iiiit  tin* 
]irct*-iiHioiis  of  the  KiiHsian  iikas*'  of  1S2I,  to  «!Xi'Iiisivc  doiiiinioii  over  tlif  I'acilic, 
roiilil  not  continni'  Ion<;iT  nnn-pralt'il  witliontconi|ii>llin^  iis  to  tak<-  ttonif  nicasnn'  of 
])iiltlic  and  ctloitiial  n'monHtraiHc  against  it. 

Von  will,  tlienifort'.  tak«'  •iirr-  in  Mic  lirst  instaiu't-  to  rciness  any  attinijit  to  ;ri\t' 
this  ('iL-in^c  to  the  rliaractiT  of  th*!  iK-^otiationH,  anil  will  dfclari',  witliont  reserve, 
that  thi-  point  to  which  alone  the  solicitnde  of  thr  Itritish  <io\  iTnnii'nt  and  the  Jral- 
oiisx' of  Mit-  HritiHh  inition  attach  any  jricat  iniportanct-  in  the  doinu  away  (in  a 
manner  as  little  disafjrei'atdt'  to  Hnssiti  its  possildc)  of  the  ctliTt  of  the  ukase  »if  I  Hi' I. 

That  this  ukase  is  not  acted  upon,  and  that  instructions  liave  Ioiijl;  a<;o  lieen  sent 
liy  the  Kussiiin  (Government  to  their  cruisei's  in  the  I'acitic  to  suspend  tlie  execution 
of  its  provJHionN  is  true,  hut  a  private  disavowal  of  a  pulilished  claim  is  no  sccuiity 
ajfainst  tlu^  revival  of  tliat  claim;  the  suspension  of  the  execution  of  a  princi])le  may 
he  perfectly  computihie  with  the  c<mtinued  muintemince  of  the  principle  itself. 

f  #  Jt  *^  *  1*  n 

The  riyht  of  the  sniijects  of  His  Majesty  to  naviirate  freely  in  the  I'jicilic  can  not 
lie  held  as  a  matter  of  indulgence  from  any  power.  Having; once  hcen  publicly  ijues- 
tioiied  it  must  he  |iuhlicly  ;ickn<»wledy;od. 

We  do  not  desire  that  any  distinct  ret'erence  should  he  made  to  the  ukase  td"  IHL'I, 
liiit  we  do  feel  it  ne<;essary  that  the  statemeut  of  our  ri<rht  should  he  dear  and  posi- 
tive, and  that  it  should  stand  forth  in  the  couvention  in  the  place  which  ju'opcrly 
helon;;'8  to  it  as  a  jdain  and  suhstantive  stipulation,  and  not  he  hrou^lit  in  as  an  in- 
cidental consequence  of  other  arranj^ements  to  which  we  attach  comjiaratively  little 
im]iortance. 

This  sti|mlation  stands  in  the  ^nint  of  the  <-onvention  condudeil  lietween  K'ussi.a 
and  the  I'nited  States  of  America,  and  we  setj  no  reason  why,  upon  similar  claims,  we 
should  not  ohtain  exactly  the  like  satisfa(^lion. 

l''or  I'easoiis  of  the  same  nature  we  can  not  consent  that  the  liberty  of  navi<;ation 
throu}.th  liehriufj  Straits  should  he  stated  in  the  treaty  as  a  boon  from  K'ussia. 

The  tenilcncy  of  siu'h  a  statement  wouhl  be  to  yive  ctuintenance  to  those  claims  of 
exclusive  Jurisdiction  a<rainst  which  we,  on  our  own  behalf  and  on  that  of  the  wlude 
civili/.eil  world,  )irotest. 

#  J.  #  )f  #  ¥  * 

It  Will  of  course  strike  the  Russian  plenipotentiaries  that,  by  the  ado])tion  of  the 
American  article  respecting  navi<i;ation,  etc..  the  jirovision  for  an  exclusive  tishery  of 
!j  lea<;ucs  t'rom  the  coasts  of  onr  respective  possessions  falls  to  the  •(round. 

Itut  the  omission  is,  in  truth,  immaterial.  

'J'he  law  f(f  nations  assigns  tlie  exclusive  sovereif{nty  of  I  Icajfiie  to  each  powcrolV 
its  own  coasts  without  any  8]>ecitied  stipulation,  and  thou<rli  .><ir  Charles  |{a<;ot  was 
authorixc<l  to  8i;;ii  the  convention  with  thi  specitic  stipulation  (d"  L'  leajjiies  in  iy;iio- 
rance  of  what  had  been  decided  in  the  .Vmerican  convention  at  the  time,  yet  alter 
that  convention  lias  been  some  months  before  the  world,  and  after  the  o]iportiinity  of 
reconsideration  has  been  forced  u|ioii  ns  by  the  act  of  Russia  herself,  we  can  not  now 
consent,  in  iie>;otiatin^  <lc  nora,  to  a  stipulation  which,  while  it  is  absolutely  iinim- 
iiortant  to  any  practical  ^ood,  would  appear  to  establish  a  <-ontra(;t  bctwe<-ii  the 
United  States  and  us  to  our  disadvantage. 

Mr.  Stratford  Canning,  in  his  dispatch  of  the  l.st  Marcli,  ISii."),  inch)S- 
ing  the  convention  as  signed,  says: 

With  res])ect  to  I)ehriii>;  Straits  I  am  hapjiy  to  have  it  in  my  jtower  to  assure  yon, 
<m  the  Jidiit  authority  of  the  Russian  )>lenipotcnliaries,  that  the  Kmperoi'  of  Russia 
has  no  intention  whatever  of  niaintainin^  any  exclusive  claim  to  the  navijratioii  of 
these  straits  or  of  the  seas  to  the  north  of  them. 

Thesi!  extracts  show  <onchisively  (1)  tiiat  England  refused  to  admit 
any  part  of  the  Russian  claim  asserted  by  the  ukase  of  bSL'l  to  a  mari- 
time jurisdiction  aiul  e.xclusive  right  of  tishing  throughout  the  whole 


■,l 


IV 


ft  ' 


\:   , 


I 


flt 


252 


DIPLOMATIC   CORREi^rONPKNcK. 


extent  of  that  clniin,  from  Beliriii^;  Straits  to  tlie  Hftyflrst  ixirallel; 
(2)  that  tho  convention  of  lHL*r>  was  n-jinrdt'd  on  both  sich's  as  a  renun- 
ciation on  tiie  part  of  Russia  of  that  ( laiin  in  its  entirety,  anil  (.'()  that 
though  Kehrin^fStraitswasknown  and  specitlcaliy  provided  for,  llelirin;; 
Sea  was  not  known  by  that  name,  but  was  rejiardcd  as  part  of  the 
Paeitic  Ocean. 

The  answer,  therefore,  to  the  questions  with  wliii'h  Mr.  Bhiine  con- 
ehides  his  dispatch  is  that  Her  Majesty's  (loveinineut  liavc  always 
claimed  the  freedom  of  navigation  and  tishing  in  the  watcis  of  ISchrin^ 
Sea  outside  tl>e  usual  territorial  limit  of  1  marine  league  from  the  coast; 
that  it  is  imiMissible  to  admit  that  a  ]niblic  right  to  iish,  catch  seals,  or 
jMirsue  any  other  lawful  occupation  on  the  high  seas  can  be  held  to  be 
aitandoned  by  a  natiim  fnmi  the  mere  fact  that  for  a  certain  nimiber  of 
years  it  has  not  suited  the  subjects  of  that  nation  to  exeicise  it. 

It  nuist  b«'  remembered  that  British  Columbia  has  come  into  existeiue 
as  a  i'olony  at  a  comparatively  recent  date,  and  that  the  first  coiisidt'r- 
able  intiux  of  population,  some  thirty  years  ago,  was  due  to  the  dis- 
covery of  gold,  and  did  not  tend  to  an  immediate  development  of  the 
ship])ing  interest. 

1  iuive  to  re(pu>st  that  you  will  ciunmunicate  a  copy  of  thi8  dispatch, 
and  of  its  ini'losures,  to  Mr.  i^lnine.  You  will  state  that  ller  Majesty's 
(lovernmcnt  have  no  desire  whatev«'r  tcn-efuse  to  the  I'nited  States 
any  Jurisdiction  in  IJehring  Sea  whicii  was  conceded  by  (ireat  Britain 
to  Uussi.i,aiMl  wiiich  properlyaccruestotliepn'sent  ptissessors  of  Alaska 
in  viitue  of  treaties  or  the  law  of  nations;  and  that  if  tlu'  l'nite<l  Stat«'s 
(iovernment,  after  examination  of  the  evidence  and  arguments  which  I 
have  pnxbu'cd,  still  difi'er  from  tluMU  as  to  the  h'gality  of  the  recent 
captures  in  that  sea,  they  are  ready  to  agree  that  the  question,  with  the 
issiu's  that  tlepend  up<m  it,  shouhl  be  referred  to  impartial  arbitration. 
You  will  in  that  case  be  authorized  to  consider,  in  concei't  with  Mr. 
Blaine,  the  uu^thod  of  procedure  to  be  followed. 
1  have,  etc., 

Salisbury. 


I- 


[luolosiiro  1.] 
Lord  Londondirry  to  Count  lAercn, 


FoitKKJN  Okkick,  Jununnj  IS,  1SSS 

T1i(!  iiiiderfiijrnod  tins  tlie  luinor  hereby  to  nokiiowledKe  tlic  note  addressed  to  him 
hy  Uiooii  dt-  Nieolai.of  the  12th  November  last,  covoiiMK  a  copy  of  an  iiknse  issued 
by  His  liujierial  Majesty  the  Kiiijtrrorot'ull  the  RiissiaH,  and  liearinjrdate  the-ltliSep- 
teinlirr.  1S21,  for  various  pni'iioNes  therein  set  forfli,  es))e<Mally  connected  with  the 
territorial  rights  of  his  Crown  on  the  northwestern  c.iast  of  Anieri<a  bordering  upon 
the  I'acitie  and  the  commerce  an*l  UHvigatioM  of  His  Imperial  Majesty's  snlijects  iu 
the  seas  atljaceut  th8ret«>. 


n  its 


'I'liis  tlociiinent,  containing  ro;r|||iitions  of  ^rcat  extent  and  im|iortan<-(>,  both 
territorial  and  maritime  beurings,  has  bc(ni  consich'ied  witii  the  utmost  attentii 
with  those  favorable  sentiments  which  His  Majesty's  (Hiveriinient  always  bears  lo- 
ward  the  acts  of  a  State  with  which  His  Majesty  has  the  satisfaction  to  feel  himself 
eoiinected  by  the  most  intimate  ties  of  of  friendship  and  alliance,  and  having  been 
referred  for  the  report  of  those  hi;;h  le<;ul  authorities  wliose  duty  it  is  to  advise  His 
Majesty  on  such  matters,  the  nndersiivned  is  directed,  till  such  friendly  explanations 
can  take  place  between  the  two  •Governments  as  may  obviate  inisiinderstanilin<>;  npou 
so  delicate  ami  important  a  point,  to  make  such  provisional  protest  a<;ainst  the  en- 
actments of  the  s.'iid  nkase  as  may  fully  serve  to  save  the  ri<;hts  of  His  Majesty's 
Crown,  and  may  protect  the  ])ers(ins  and  properties  of  His  Majesty's  snbJectH  from 
midestati<ni  in  the  exercise  of  their  lawful  callin;;s  in  that  i|narter  of  the  globe. 

The  nndersiirneil  is  commanded  to  jici|iiaint  t'onnt  Lieveii  that,  it  beini;  the  King's 
constant  desire  to  respect  and  cause  to  he  respected    by  his  subjects,  in  the  fullest 


ill 


mm 


.lURISDICTlONAL    RKSHTS   IN    BERINO    SEA. 


253 


iiiniiiier,  the  KniptTor  of  Knssin'H  just  rijjIitH,  II'  MiiJoHty  will  In-  ri'mly  to  enter  info 
iiinicnltle  explnnntionN  upon  tlie  intereNts  iitleitcd  Itytliis  inxtruinent  in  mucIi  niiinner 
118  miiy  Ite  most  accoptiilile  to  Mis  imp*  risil  Miijesty. 

In  till'  nieiintiiiir,  iijion  tin-  snlijeit  of  this  iikiisi'  generally,  iinil  isperiiilly  ii|ion  tlin 
two  niiiin  jirinciples  of  rlnini  liiid  down  tlicrcin,  viz,  tin  exclusive  sovrrfinnly  iiilcyt'd 
to  l)elon<r  to  HiiNHiii  over  the  territories  therein  deserilied,  as  also  the  eNcliisixi'  ri;:ht 
of  iiavi}i;atinK  and  trading  within  the  iiiaritiiiie  limits  therein  set  I'orth.llis  ISritaniiie 
MHJesty  niiiHt  ho  iiiulerstood  as  htu'ehy  reHervin;;  all  his  rights,  not  lieiii<;  prepared  to 
iidmit  that  the  intereonrse  which  is  allowed  on  the  face  of  this  instruiiient  to  havi* 
hitherto  sulisisted  on  those  coiiMts  and  in  those  seas  cun  lie  deemed  to  lie  illicit;  or 
that  the  ships  of  friendly  powers,  even  su)ipiisiii<r  an  nni|ualilied  s(>\erei;riity  was 
jiroverl  to  appertain  to  the  ini)ierial  Crown,  in  these  vast  and  very  iiiijicrfcctly  occu- 
pied territories  iroiild,  hy  the  acknowledjfcd  law  of  nations,  he  excluded  from  navi- 
gating within  the  distance  of  l(N)  Italian  miles,  as  therein  laid  down,  from  the  coast, 
the  exclusive  dominion  of  which  is  assumed  (Init,  as  His  Majesty's  tHiveniiiient  con- 
ceive, ill  error)  to  lielong  to  Mis  Im|ierial  Majesty,  the  Kinperor  of  all  the  Kiissias. 

J^O.NKONUKUUY 


1* 


i 


[Inrliwiiro  2.] 

Afemorandum  bi/  the  Diike  of  WeUintjlon. — (Sf/ilvmlH-r  11,  lSi2.) 

In  the  I'oiirse  of  a  converHation  wliicli  1  had  yesterday  with  ('ouiil  liieven,  he  in- 
formed that  he  had  been  directed  to  <;ive  vcrlial  exphinations  of  the  ukase  respeet- 
iiig  the  northwestern  coast  of  America.  'I'liese  ex]ilaiiations  went,  he  said,  to  this, 
that  the  lOmperor  did  not  jiroposc  to  (Mrry  into  execution  the  ukase  in  its  extended 
Neiise;  that  Ills  Imperial  .Majesty's  ships  had  liecii  directed  to  cruise  at  the  shortest 
possilile  distance  from  the  shore  in  order  to  su]iply  the  natives  with  arms  and  ammu- 
nition, and  ill  order  to  warn  all  vessels  that  that  was  his  Imperial  .Majesty's  domin- 
ion, and  that  His  Iiii]ierial  .Majesty  had  liesides  |;iven  directions  to  his  miiiistor  in 
the  I'liited  States  to  agree  upon  a  treaty  of  limits  with  the  I'liiteil  States. 


^f 


[Iiu'losiire  3.] 
Mr.  G.  Canning  to  the  Vukr  nf  fVtUington. 

FoKEiiiN  Okkick.  September  27,  /s'??. 

My  Lord  Di'KE:  Your  grace  is  already  in  possession  of  all  that  has  passed,  liotli 
here  and  at  St.  I'etershiirg,  on  the  siilijeet  of  the  issue,  in  Seiitemher  of  last  year,  by 
the  Kinperor  of  Russia,  of  an  ukase,  indirectly  asserting  an  exclusive  rij;ht  of  sover- 
eignty from  Mering  Straits  to  the  tifty-liist  degree  of  north  latitude  on  the  west 
coast  of  America,  and  to  the  forty-fifth  degree  north  on  the  opposite  coast  of  Asia, 
and  (as  a  i|iialilied  exercise  of  that  right)  prohibiting  all  foreign  shijis,  under  pain  of 
contiscatiou,  fmni  approaching  within  KM)  Italian  miles  of  those  coasts.  'I'liis  ukase 
having  been  conimiiniciited  by  Harmi  Nicolai.  the  K'lissiaii  charge  d'aH'aircs  at  this 
••ourt,  to  His  Majesty's  (iovernment,  was  forthwith  submitted  to  the  legal  authori- 
ties whose  duty  it  is  to  advi.se  His  Majesty  on  such  matters,  and  a  note  was  in  coii- 
se)|iieiice  luldresseil  by  the  late  .Mar<|uis  of  Londonderry  to  Count  l.icvcn,  the 
Russian  ambassador,  and  also  conimnnicated  to  His  .Majesty's  ambassador  at  St. 
Petersburg,  jirotesting  against  the  enactments  of  the  said  ukase,  and  rei|iiesting 
such  amicaiiie  <;xiilaiiatioiis  as  might  tend  to  reconcile  the  pretensions  of  Russia  in 
that  i|narter  of  the  globe  with  the  Just  rights  of  His  Majesty's  Crown  and  the  in- 
terests of  his  subjects.  As  such  explanations  will  |)robably  be  olfered  to  your  grace 
during  the  eonfi-renees  about  to  take  place  at  X'ienua,  I  hasten  to  signit'y  to  you  the 
King's  commands  as  to  the  language  which  yon  will  hold  on  the  part  of  His  .Maj- 
esty upon  this  subject. 

The  opinions  given  in  November  and  Deci'iiiber  last  by  Lord  Stowell  and  by  His 
Majesty  s  advocate-general  (copies  of  which  arc  already  in  y«nir  possession)  will  fur- 
nish yon  with  the  In-st  legal  argnnieiits  in  ojipositioii  to  the  ]ireteiisions  )iut  forwiird 
in  the  Russian  ukase;  and  as  in  both  these  opinions  much  stress  is  very  properly 
laid  upon  the  state  of  actual  occii|iation  of  the  territories  claimed  by  Itiissia.  and  the 
ditt'erent  jieriods  of  time  at  which  tliev  were  so  occii])ied,  I  have  olitained  from  the 
governor  of  the  principal  comjiHiiy  of  His  .Majesty's  subjects  trading  in  that  part  of 
th')  world  the  inforuiution  of  which  your  grace  will  lind  in  the  inclo.sisd  papers. 


\^\ 


I 


/I 
ii!  !■ 


y!  i 


rrL^.>- 


>54 


DIPLOMATIC   COUUKSPOMDENCf:. 


I! 

I 


If 


'I'liiil  ititnriiiiitiiiii  will  iMiiiltlr  \i>ii  siillicinitly  to  prove  to  tlir  UiiRNian  Minister  not 
only  that  the  point  of  prior  ilisroviM'y  niiiy  Ix*  t'iiii'ly  ilis]intnl  with  HiiNMia,  ImiI  that 
the  nini-li  nion-  n-rtain  title  of  artiial  ocrnpation  liy  tiiu  iipMitN  ami  the  trailing; 
servants  of  the  IImiI.hom's  Itay  Company  extenilsat  IIiIh  moment  to  many  ile<;rees  oi' 
liifjher  latitmle  on  tlio  northwest  coast  of  Anu'riea  than  is  elainu'd  us  the  territory  of 
Kiissia  li>  the  nkaso  in  ijueslion, 

Knli(;liteneil  statesmen  ami  Jurists  have  lon^  hehl  »k  insi;;nitieant  sill  titles  of  ter- 
ritory that  are  not  foiinileil  on  aetiml  orenpation,  ami  that  title  is,  in  tint  opinion  of 
the  most  esteemed  writers  on  piililie  law,  to  Ittt  estalilislietl  only  liy  pructieal  use. 

With  respeet  to  the  other  points  in  the  nkaso  which  have  the  eti'ect  of  extemlin;; 
tint  teiTitorial  riK:hts  of  K'nssia  over  the  aiijaeent  seas  to  the  nnpreceiienteil  distanco 
of  l(N)  ndles  from  the  line  of  coast,  and  of  elosin<r  ii  hitherto  iinohstriicted  pai.sa;;e,  at 
the  present  moment  the  idiject  ol'importaid  discoveries  for  the  promotion  of  ;rcneral 
connnertu-  ami  navi<ration,  these  pretensions  are  considered  liy  the  best  le^al  author- 
ities as  positive  innovations  on  the  ri;;lits  of  navigation;  as  such  tiwy  can  recci\o 
no  e\  plana  lion  from  further  discussion,  nor  can  liy  ]iossiliility  he  Jnstilied.  Common 
nsa;;c,  which  has  oUtained  the  force  of  law,  has  indeed  assin^ned  to  coasts  anil  shores 
an  accessorial  lioniidary  to  a  short  limited  distance  for  the  purposes  of  protect  ion  and 
;;eneral  convenieiK'o.  in  no  manner  interfering;  with  th«  rights  of  others  and  not  oh- 

strnctin;;  the  fr iom  of  <>'eneral   commerce  and  navigation.     Knt  this   im]iortiint 

i|nalilication  the  extent  of  the  present  claim  entirely  excludes,  and  when  such  a  pro- 
hiliition  is,  as  in  the  present  case,  applied  to  a  lon^  line  of  coasts  and  also  to  inter- 
mediate islands  in  remote  seas,  where  navi;;ation  is  lieset  with  iiiniinierahle  and  un- 
foreseen ilitlicnltieH  and  where  the  princip;il  employnieiit  of  the  tisherics  must  ho 
piirsned  under  cireiimstances  which  are  incompatihie  witli  tiie  prescrihed  coiii'ses,  all 
particular  considerations  concur,  in  an  especial  manner,  with  the  general  jirinciple 
in  repelling  such  a  pretension  as  an  encroachinent  ou  the  freedom  of  navigation  ami 
the  niialieiialile  ri;;hts  of  all  nations. 

1  have,  indeed,  the  satisfaction  to  helieve,  from  a  conference  which  I  have  had 
with  Count  l.ieven  on  this  matter,  that  upon  these  two  ]ioints — the  attempt  to  shut 
np  the  passa<;e  altoirether,  and  the  claim  of  exclusive  duininion  to  so  enormous  a  dis- 
tance from  the  coast — the  Hnssian  (iovernmeiit  are  prepared  entirely  to  waive  their 
lireteiisions.  I'he  only  etfoTt  that  has  lieeii  made  to  Justify  the  latter  claim  was  liy 
reference  to  an  artiide  in  the  treaty  of  I'liecht,  which  assifjns  HO  leagues  from  the 
coast  as  the  distance  of  |irohii)ition.  Hiit  to  this  ar^ninent  it  is  snllicient  to  answer 
that  the  assumptitin  of  smdi  a  space  was.  in  the  instance  <|noted,  h,v  sti]inlation  in  a 
treaty,  and  one  to  which,  therefore,  the  ]iarty  to  be  atfected  liy  it  had  (whether 
wisely  or  not)  ^iven  its  deliberate  consent.  \o  inference  eonld  be  drawn  from  that 
transaction  in  favor  of  a  claim  by  authority  against  all  the  world. 

1  have  little  doubt,  therefore,  lint  that  the  public  notitication  of  the  claim  to  con- 
sider  the  ]iortions  of  the  ocean  imduded  between  the  ailjoiniiiK  eoasts  of  America  ami 
the  Knssian  Kmpire  as  a  mure  rliiiimim,  and  to  extend  the  exclusive  territorial  Juris- 
diction of  Russia  to  1(H)  Italian  miles  from  the  coast,  w  ill  be  pnblii  ly  recalled;  and  [ 
have  the  Kind's  eonunands  to  instruct  your  }{•■!•''•'  further  to  re(|nire  of  the  Knssian 
Minister  (on  the  ;>;round  of  the  facts  ami  reasonings  t'nrnished  in  this  dis|)atch  and 
its  inclosures)  tiiat  such  a  portion  of  territory  alone  shall  be  detined  as  lieIon<rin;r  to 
Kiissia  as  shall  not  interfere  with  the  rights  and  actual  luisHessionH  <if  His  Majesty'it 
subjects  in  North  America. 
I  am,  etc., 

Geo.  Canxino. 


[IiicluHurc4.] 
Memoraiuhnn  on  RuHsutn  ukase  of  ISSl. 

In  the  month  of  September.  IXlil.  His  li,iperial  Majesty,  the  Emperor  of  Russia  is 
sued  an  ukase  assertiiif;  the  existence  in  the  Crown  of  Russia  <if  an  exclusive  lijfht 
of  sovereiffiity  in  the  countries  extendiiifj  from  Herinjj's  Straits  to  the  tifty-lirst  de- 
gree of  north  latitude  on  the  west  coast  of  Anu>riea,  and  to  the  forty-lifth  dejji'ee  of 
north  latitude  on  the  ojiposite  coast  of  Asia;  ami,  as  a  i|ualitied  exc-reise  of  that 
rifjlit  of  sovereignty,  prohibiting  all  foreign  vessels  from  approaching  within  1()0 
Italian  miles  of  those  coasts. 

After  this  ukase  had  been  submitted  by  the  King's  Government  to  those  legal  au- 
thorities whose  duty  it  is  to  advise  His  .Majesty  on  sneh  matters,  a  note  was  addressed 
by  the  late  Mari|uis  of  Londonderry  to  Count  Lieven,  the  Russian  Ambassador,  pro- 
testing against  the  tuiactment  of  fhis  ukase,  and  rci|ucsting  such  aniicalde  explana- 
tions as  might  tend  to  reconcile  the  )iretensions  of  Russia  in  that  ijiiarter  of  the 
globe  wi  h  the  just  rights  of  His  Majesty's  Crown  and  the  iirterests  of  his  subjects. 


ii  i 


JlIKlsniCTlONAI,    UKillTS    IX    IJKI.'INC    SKA. 


255 


We  oltjfct,  tirsl,  t<»  Hie  I'liiim  of  sovcn-i^jiily  ii-*  s»^t  lifi-fh  in  tliis  nk.'ise;  iiiiil,  «<*(•- 
iiiiilly,  til  tlic  iihhIi'  ill  \vlii<-li  it  is  rxciTisnl. 

TIm' Ix'sl  wriliTs  on  lilt'  I:i\vm  of  iiiitioii>  <lo  not  atttiltiiti'  tlic  rNclnsix  <■  so\rr«M;fn(y, 
]iiii'tiruliirl,v  of  t'ontinciils,  to  tlio.so  wlio  liiivr  lii'>i  ilisi'o\fi'r<l  iIumii  ;  anil  aillioii^h 
wi>  nii;ilit  on  pioil  ^roiiiiilH  iliMpiili-  with  K'lissia  llir  piioritv  of  ijisrovri.v  of  tlii-sn 
I'onliiH'iilM,  \vi'  roiiti-iiil  Unit  the  iiincli  iiiorc  i-asil  v  provrtl,  inort'  roiicliiNix  r,  anil  iiioru 
I'l-rtain  tillr  of  on-npatioii  anil  use  oii<;|ii  in  tirritlr  till'  I'laiiii  of  so\t'i'ri<;iity. 

Now,  \\v  ran  iM'ovo  that  tliu  Iji^liHli  Northwi-st  ('oiii|iaiiy  ami  tin*  IIiiiImoh's  Hay 
Coni|iany  iiavi*  lor  many  yi-ars  i<stal)liHhiMl  Ioi'Ih  anil  oIImt  Irailinu  stalioiiM  in  a  roiin- 
try  rallril  Ni'W  Calt'iloniH,  sitiiali-il  tn  tin-  \\vt*t  of  a  lan^col'  inoiiulains  ralli-il  K'orky 
MoniitaiiiH,  anil  <-\li>iiiliiif<;  aliin;;  tlii'  shorrH  of  tlir  I'arilir  Orcan  fmui  latilndr  I!)  to 
lalilniic  til)  . 

riii'M'  i-oni|iaiiicM  likewise  iiohhi'ss  factories  ami  otlii-rrstaliliHliiiii'iilson  MarktMi/.ir'H 
It'ivor.  whirl)  falls  into  tlio  Kra/rr  ii'lvrr.  as  far  north  as  latitinli'liti  :{ir,  from  wlionrc 
tlirs  rai'i'y  <>ii  trade  with  the  Iniliaiis  inl.iiliitin.i;  the  ronntiieH  to  the  west  of  that 
river,  ami  lio,  fioin  tliu  nature  of  the  eoiintry,  ran  loinmiiiiieate  with  Mneken/ie's 
Ik'iver  with  more  Itieility  than  they  e.-iii  wiiii  the  |iostM  in  New  Caleilonia.  'I'hiis,  in 
i>|i|iosiiion  to  the  elaiiiis  foiiiiileil  on  iliseuN  ery,  the  prioiity  •>{'  whieli,  liowever,  we 
i'oni'ei\e  we  mi<;lit  fairly  ilispiite,  we  ha\e  the  iiiilis|Hifal>le  <  laiiii  of  oeeiipaiiey  ,'iml 
use  for  a  series  of  years,  whieli  all  the  liest  writers  on  the  laws  ot'  nations  admit  is 
the  hest-lbnnded  claim  for  territory  o!' this  deseripl  ion.  ( )lijeetiii<;.  as  we  do.  tn  this 
claim  id'  exclnsi\e  sii\erei;;iity  on  the  part  ot'  K'ussia,  I  mi;;lit  save  myself  tlio 
IriHilde  of  iliseiiMsin<;  the  particular  mode  of  it  exercise  jis  set  forth  in  this  iikase. 
Itnt  we  ohject  to  the  soverei;;nty  proposed  to  i  exercised  under  this  nkase  not  less 
than  We  do  to  the  claim  of  it.  We  can  not  aiimit  the  ri;rht  id' any  power  possessing 
the  soM'ieif^nty  of  a  country  to  exclude  the  \essels  of  others  from  the  season  its 
coasts  to  tile  distance  ot'  KM)  Italian  miles.  We  must  ohject  likew  'm'  to  the  arran;;e- 
iiienls  contained  in  the  said  nkase  lonveyin^  to  prixate  inei'<  ham  ships  the  ri^ht  to 
search  ill  time  of  peace,  etc.,  which  are  i|nile  contrary  to  the  laws  and  usa^cH  of 
iiiitioiiH  and  to  the  ])raetice  of  nioduni  times, 

W'Ki.i.iNuroN. 

Vi-.itoNA,  (htiiher  n,  IS,?.?. 

To  Count  Ni:ssKi.ui»i)K. 


^l 


i       \ 


it 


[InclimiiD' .'■.     MciiKiiri' I'liiiliilt'iiticl.] 
Count  .ScHMclroilf  to  thv  IhiLi  of  If'illintiton, 

KHo.vi..  If  II  (?.l)  norimhrr  IS.??. 

Li>  f'altinet  do  Russia  a  jiriH  en  niAn>  eonsideratiiui  le  Mc'inoirc  conlidciitiel  ipie  M. 
I«'  Due  lie  \Velliny;toii  liii  a  remis  le  17  octohre  dernier,  iclai  iveineiit  aiix  musures 
adoptees  par  S,t  .Ma.iest(5  rKiiiperoiir.  sous  la  date  ilii  (I)  It!  ••e|iti'iul(re  ls:il,  pour 
iir>lermiiier  rr-tendiii'  ilt!»  posse«sioiis  riisses  siir  la  cote  mu'il-iiii<  t  de  rAiiierii|iie,  et 
lionr  inlerdire  aiix  vaisseaiix  ^traiiijerH  raiiproehe  de  ces  posses>ions  Jusi|u'a  la  dis- 
tance de  llN)milles  d'ltalie. 

I,es  oiivertiires  faites  a  ce  siijet  an  (iouverneiiient  de  Sa  Majeste  I{ritannii|ue  jiar 
lo  Coiiile  lie  iiieven  an  moment  oli  cet  Ainhassadeiir  allait  ijiiittcr  l.onilres  iloivent 
ih'-Ja  avoir  ju-oiive  i|ue  I'opinioii  i|iie  le  Caliinet  de  St.. lames  avail  convue  des  iiiesiires 
dont  il  s'a;;it  n'eriut  point  fond(^e  snr  line  appreciation  eiitiereiiieiil  exaete  ilea  viuts 
lie  Sa  Ma.jeste  Iiujicriale. 

ha  Uiissie  est  loin  lie  mi^coniiaitre  i|iio  I'lisa^e  et  I'oci  iipatioii  eonstitnent  le  plus 
Holide  lies  titresirjipreslesi|Uels  nil  Tltat  jinisse  rr'elaiiicr<iesilioitNde  son  vera  ineti'  siir 
line  portion  iiuelcoiiiiue  ilii  coiitiiient.  I^a  Uiissie  est  |dns  loin  encore  d'avoir  voiilii 
oiilrepass«r  arliitrairiiiiiunt  les  limites  ijiio  ee  titre  assiffue  a  ses  domaincH  siir  la  cote 
iiord-oiiesl  de  IWiiu'riiiiie,  oil  eri;;er  en  princi)ie  ;;cm''ral  de  droit  maritime  les  retries 
iin'une  neeessitt^  ]ini-ciiieiit  locale  I'avait  ohljifce  de  poser  pour  la  navigation  <'>traii- 
jji-re  dans  le  voisinai^e  de  la  partie  de  cette  cole  i|ni  liii  ap|iarliiMit. 

C'l'tait  ail  eontraire  ])aree  (lu'ello  regardail  ces  droits  de  Hoiiveraiiieti^  cotimie  \6\s\- 
times.  et  parce  (|ne  des  considerations  iiii)terieiises  tenant  a  rexistence  nieiiie  dn  eoiii- 
iiieree  c|n'elle  fait  dans  les  para^jes  d«*  la  cote  nord-oiicst  de  r.\iiir-rii|iie,  la  tc(rt,aieiit 
a  etaldir  iiii  systi'iiie  de  precautions  deveniies  imiispcnsahles,  i|U°elle  a  fait  ]iaraitre 
rouka,se  rti  (4)  IH  septeiiilue  1H21. 

ha  Itii.ssie  serait  ton.iours  prete  a  faire  )>art  des  motifs  i|ui  en  .jiiHtitiiuit  lesilisposi- 
tioiis;  niais  ]ioiir  le  iiioment  elle  se  hornera  anx  oliservations  snivantvH: — 

M.  le  Piiede  Wellington  atlirme.  dans  son  Mi'iiioire  conlideiitiel  dii  17  oetolux',  i|H« 
des  otablissfMiients  an<r|ais,  a]iparienanl  a  deux  eompa'Ziiies,  cellede  la  Ihiie  de  Hiid- 
Boii  et  celU'dii  Norrt-Ouest,  st-  soiit  liuniesdans  iine  coiitri'e  appellee  la  Nimvelk'-C'al6- 


•■  i 


i\ 


i    ) 


( 


250 


DIPLOMATIC    (•()|{HKSI'(iNIiKNCE. 


•toiiii',  i|ni  n'l'tciid  Ic  lonj;  ili-  )a  cofc  dc  l'Oc<''iiij  l')icil)i|ii)',  d«>piiiH  Ip  1)»"'  Jiimu'  nil  00" 
<l<'^:'i''  ill'  liititiiilr  si'|tli>iitri<iiiiilr 

liil  {{llH.sii'  litt  |iiil'lrl'a  |iiiilil  lii'N  ('■litltlisNi'iiii'iilN  i|iii  |M-iivrlit  fXlNtrr  i-litli*  l<<  I!)'  «■(  li< 
M''  |llirillli-li-;   IlliliN  i|ll!ltll  IIIIX  lllltlrs,  rllf  n'lM'^Hlti-  |i!Im  iIi-  ruilVi>lli|-  IjU'rlli'  rll    i^lllM'r 

JiiMiiu'ii  |)r«'Nriil  ri'Nintriiri',  pitiir aiitiiiit  Mil  iiiiiins  ijii'IIh  ti)Mi'lM>riiiciit  \'i  >i'i>nii  l'iii-ilii|)ut. 

I.rs  rill'trs  jinj^lllisrs.  iiii''iiii-  Irx  pllIN  liM-i'litus  rt  IrH  pIllH  lU'-tllilli'CH,  iriliiiii|Mi'llt  iiIino- 
illllii'llt  lllirillli-ilcs  HtiltiiillN  ilr  riMiiMii-l'rf  lllrlll  iiilllli-<m  iJiiiin  Ii<  Mt^iiiuirr  iIii  17  iictiilniv 
HMf  III  ri'tfr  llli'liui  ill'  rAint''l'it|ni-.  rlltrr  Ir  "il'  rt  Ir  ♦iO'  (l('ur«<  «l«<  llllitlliln  si'|ili-nll'iolllllts 

h'iiilli-iir.s,  (lo|iiiiM  Irs  i'\|M'ilitiiiiis  ili-  lli'liriiiK  ft  di' Tcliiriknt)',  c't-Hl-a-ilii'i'  dr|iniH 
|irr8  d'liti  sii-i-li-,  den  I'-liiltli.sNriiii'iit.s  ItiisMi'H  out  pris,  I'l  |iiirtir<lii  )MK  ilc^rii',  iim-  (isii'ii- 
NiiMi  iiro^irs.siM-,  i|iii  lies  i'iiniii'i-  I7!l!)  Irs  iiviiit  I'liit  piirvnilr ,jiiNi|ii'tiii  ,V>''  |iuriilli-l«<, 
ronniii-  Ir  |iiii'ti-  hi  proiiiiiTr  rliiirlo  ilr  hi  ('iiinpiiKiiir  Riibni-  Aiii^'rivitiiio,  diiirti-  i|mI  a 
ri'vn  iliiDH  II'  limps  iiiii'  piildii-itr  ollirirlli',  I't  qui  ii'n  iiii)tiv<^  iiiiciinv  pnitcHlatioii  de 
lii  purl  ill'  rAii;;li'tfrri'. 

Crlti'  iiii''iiii'  rliiirli'  iirriii'iliiit  a  hi  ( 'iiiiipa^riiji'  K'lisMi'  Ir  dridt  ilr  |Mii'toi' scs  (^taldissr- 
iiiriits  vi'i's  II'  iiiiili  ail  ilrh'k  ilii  .Vr  di'^iri'  ili-  latitiidi'  si'iiti'iitrioniili',  jiiMirvii  i|iii'  dr  ti'ls 
arci'iiiMMt'iiii'iilH  ill' ti'i'i'iliiiri'  iii-  piissriit  ilDiiin'r  iiiotil  do  ri^claiiuitioii  I'l  aiimiie  piiis- 
HHiiri'  r^traiiKi'T''. 

I/Aii^lrtri'i'i-  n'a  pas  iiini  plus  pritlrsti'.  niniri'  rcttr  iliHposition :  i-llit  n'li  ]ias  iik'-iiih 
ri'danio  coiiii'i' Irs  iiiiiivi-!iiix  I'talilissi'iiii'iits  qiii' hi  Coiiipafrniit  Kiihsc  Ain^ricaiiii' a 
]iii  I'lirnii'r  an  siid  ilii  .">'  ili'^ri',  <>n  mtIm  do  ir  privili'^i'. 

ha  Knssii'  r-tail  dmir  plrini'iiu'iii  aiitorisi'i'  a  pruliti-r  d'liu  i'iiiiNi'iit<'iii«<iit  iiiii,  pmir 
«^tri'  tai'ilr,  n'cn  I'tait  pas  niuiiis  snloiiiirl,  I'l  a  iloti'riiiliM<r  pour  Imnii'M  di'  si's  aniiiaiiifs 
il- ilfijli'i' dr  liititiiili'  ,iiisi|iraiii|iirl  la  ('iiiiipiijriiir  liiissi'  avail  I'tt'iidii  si-s  iip6i'atiiitis 
di'piiis  ITiMI 

(/iiiiiiin'il  I'll  suit,  I't  i|iit'li|ii 
liiissio,  Sa  Maji'sti-  liiiprriali- 
lialtitni'l  ill'  sa  politii|iir. 

Lr  pi'i'iiiirr  ill'  SI'S  \  ii'iix  siTa  tiiiijinii's  dr  pri'voiiir  tinitr  disriission,  rf  dr  ronsolidrr 
iU'  pins  I'll  pins  li'N  rapjiorts  li'ainilii^  rt  dr  part'aitu  ititvllip'iiri'  iin'rllr  sr  triicitr 
d'i'litrrti'liil' avrr  la  (il'aiiilr-ltrrta;;iir. 

Kn  niiisoi|nriirr  rKiiiprrrnr  a  rliarj;!'  son  Caliiiirt  dr  ddrlarrr  ii  M.  Ir  Ihic  dr  Wrl- 
]iiii;ti>ii  (sans  ipir  rrttr  di'i'laration  piiissr  pi'i'jndii'irr  rn  ririi  a  srs  droits,  si  rllr 
n'l^liiit  )ii)int  arrrplrr )  i|n'il  rsl  prri  a  lixri',  all  iiiii.vrii  d'niir  iiri^iiriation  ainiralr,  i't> 
snr  la  hasr  ilrs  I'liiivi'iiaiirrs  inntni'llrs,  Irs  ilr;>'rr'»t  dr  hititiidr  rt  dr  liinjritndr  i|nr  Irs 
driix  I'liissanrrs  I'l'irarilrriiiit  rmnnir  ilri'iiirrrs  liiniti'Nih'  IriirH  )iiissi'ssiiiiis  rt  dr  linirs 
4^talili8si'inriits  sni'  la  n'ltr  niiidoncst  dr  rAniri'iiinr. 

Sa  Ma,jrst<^  Iiiipi^rialr  sr  plait  a  rroirr  i|uc  rrttc  iirKiiciatiiiii  poiirra  sr  trriiiinrr 
sans  iliMlrnltt'' a  la  satislactimi  ri^riprniiiir  ilrs  ilriix  Pjats;  rt  Ir  Caliiiirt  dr  linssir 
)H!nt  assiirrr  di'8  a  ]ti-rsrnl  M.  \f  Diir  dr  Wrlliiijitiiii  ipir  Irs  inrsnrrs  dr  ])i'rraiit  inn 
ct  dr  snrvrilhini'*'  ipii  smnit  prisrs  alors  snr  la  jiartir  riissr  dc  la  rrf'itr  <rAiiii^- 
riijiie  so  triiiivrnint  rntii'i'rinrnt  rnntiirnirs  aux  droits  il<^rivaiit  dr  la  Nonverainrtr, 
aiiisi  (praiix  iisa^rs  6tal)lis  riitir  nations,  rt  qiranrunu  plainto  Irgitiiiiu  iir  poiirra 
B'61uvrr  rontre  ellus. 


t'oiir  unr  IIS  lirronstaiirrH  pr<^ti'iit  aux   titles  dr  la 
III'  ilovirra  point  daim  ruttu  i-oiiJiMirtiirr  dii  systriiir 


[InrliiRiiru  6.1 


II 


The  Diike  nf  ll'tllhujtoii  to  Mr.  G.  Canning, 

Vkuona,  Xoremher  28,  1S52. 

Silt:  I  iiirloHr  thr  ropy  of  a  roiilidrntial  nirinorandiini  whirli  I  ^avr  to  Count  N'«!H- 
Ki'lrodr  on  tiir  ITtli  Ortoltrr,  rr^ardiii^  tlir  Hiissian  iikasi',  and  tlie  ropy  of  liis 
answrr. 

I  liiivr  had  oiir  or  two  dlHriiHsions  with  Count  Lieven  ii])on  this  paprr,  to  whirli  I 
olijrct,  as  not  rnaltliii);  His  Majesty's  (•ovrniniriit  to  found  ii]iiiii  it  any  iivgotiatlon 
■to  srttlr  thr  i|iirstious  arising;  out  of  thr  nkasr,  whirli  liavr  not  n"t  •'••'  hetti'rof 
thrsr  dilliriillirs;  and  I  inrlosr  you  the  copy  of  a  Iritcr  >  liich  I  iiii\r  written  to 
Count  Lirvi'ii,  whirli  i'X|daiiis  my  olijrrlions  to  thr  HnsHiaii  "Mrinoirr  rontidrntiol." 
This  ipirstliin,  thru,  stands  exactly  wlirru  it  did.  1  have  nut  heen  able  to  do  any- 
thing upon  it. 

1  have,  «.Vc.; 

WKU.INUTON. 


JUUISIUCTIONAL    RMSIITS    IN    HKKING    SKA.  2*)? 

{Itirlimiiru  7.| 
The  Ihikv  «/  IVelhiiijIoH  to  i'ount  lAtrvn. 

VkHona,  Xorniihir  JS,  /S.'?. 

il.  I.i:  CoMii: :  Ila\  iny  coiiHithTftl  (1h<  |iii])«>i' wliioli  your  fNcrllnicv  ua\t>  iiic  hiHt 
iiiulit.  DM  lliu  part  (if  IiIm  i>\i'ull<Mit',v  ('iiiiiil  NcHNrlroilf,  on  tin;  Hiiltjcrt  of  oiir  tliNiiis- 
sioiiH  on  llic  KuNNJan  nkant-,  I  niiiHl  iiilorhi  ytiii  lliat  I  ran  not  lonstMit,  on  iIim  part  of 
ni\  <io\  I'l'inncnl.  to  Itinnd  on  tlial  tiapcr  Ilic  nr^otiation  lot' the  srttlt'ninnt  of  lint 
i|M<'Mliiin  wliit'li  has  arisen  lit'twri'n  tin-  t  wo  (io\  crnnn'ntH  on  tliiN  snliJiM't. 

\V<' oliji'i't  to  tln>  iikast'  on  two  Ki'oninU:  (!)  'I'lial  Ills  Imperial  Majesty  assnniei* 
thereliy  an  exclusive  soveiei^nty  in  Nort li  AnnTJea,  of  wliirli  \vu  are  not  pi'epared  to 
aeknowleilp'  I  hoexistente  or  the  extent;  upon  tliis  jioint.  ho\ve\er,  the  nn'nmir  of 
( 'omit  N'(>ssi'lroilt>  tjiieo  atloril  the  means  of  nei;oliat  ion ;  ami  my  (ioveiiunenl  will  hit 
reatly  to  ilisenss  it,  eit  in'r  in  l.omlon  or  St.  reterslinry;,  w  hencNt-r  the  stale  of  t lit) 
J.isensHions  on  the  ot  In     i|  nest  ion  arising;  out  of  the  ukase  will  allow  of  llieilisenHsinn, 

The  seeoinl  ^I'ouml  on  whirh  we  ohjeel  In  lint  nkase  is  that  His  Imperial  Majesty 
thel'eliy  eXelniles  from  a  eeliain  eiinsiileralile  extent   of  the  iipi'll  sea   M'ssels  of  other 

nations.  We  ronh ml  that  the  assumption  nf  this  power  is  i'iiiitr::r,\  to  the  law  of 
nations;  iinil  we  eaii  imt  fonnil  a  ne<;olialion  npon  a  paper  in  whirh  it  iH  a<;iiiii 
hroadly  as-iei'teil.  We  eonteinl  that  no  power  whatever  <'an  exelmie  another  from 
the  nse  of  the  open  seu;  a  power  eaii  exrliide  itself  from  the  na\  i^ration  of  a  eerlaiii 
coast,  sea,  etc..  hy  its  own  act  or  eniraKemeiit,  Imt  it  can  not  l)\  ri;;ht  lie  exclnded 
hy  another.  This  wc  eonsnier  as  the  law  of  nations;  and  we  can  not  nejrotiate  upon 
a  paper  i'l  w  hich  a  ri>;lit  is  asserted  inconsistent  with  this  principle. 

I  think,  tli<-refore,  that  the  liest  mode  ot'  proceeding;  wimid   lie  that   you  shonld 
state  your  readiiii'ss  to  ncjrotiate  npon  the  wliolc  sn    'ect,  without  restatinj;  the  oli- 
jeetionalde  principlu  of  the  nkase  which  we  can  not  au    't. 
1  have,  etc., 

WKLUMil'ON. 


■A 


[Iiiclimaro  8.] 
The  Diiki  of  liilliiiijIoH  lo  Mr,  (!.  Canning. 

Vkiioxa,  Xoninhrr  QO,  /.?.'.'. 

,"*li!:  Siin'e  I  wrote  to  you  yesterday  I  Inive  had  another  coincrsatioii  with  the 
It'ussiau  Minister  rc^ardin<r  the  nkase.  It  is  now  settled  that  hoth  the  uu>inoran- 
dnms  which  I  inclosctl  to  yon  should  lie  considered  as  hoii  iinnim,  and  the  Kussian 
Amiiassador  in  Liiiidiin  is  to  address  you  a  note  in  answer  to  that  of  the  late  Lord 
Londonderry,  assuring;  ,\ou  of  the  desire  of  tiie  l^uipcror  to  nc^rniiate  with  yon  upon 
the  w  hole  i|ncstion  of  the  Knipcror's  claims  in  North  .Viiiurica,  reserving;  them  all  if 
the  nc<;otiation  shonld  not  lie  satisfactory  to  hoth  ]>arties. 

This  note  w  ill  thuii  put  this  mutter  in  u  train  of  ueguliutioii,  which  is  what  wa 
wished. 

1  have,  etc., 

W'KLMXCiTlIN, 


[Inclosiiro  0.] 
Count  L  vrvH  to  Mr.  (I.  Canning. 

A  la  suite  (los  d<5plaratioiis  verliales  que  le  soiissi;j;n(5,  Amlinssadenr  Extraordi- 
naire et  I'lciiiiiotentiaire  de  Sa  Ma,jest6  ri^mperenr  dc  ttiutes  les  K'ussies,  a  faites  an 
Ministcri!  de  Sa  Majesto  ltritaniiii|iie,  le  Cahinct  tie  St.  .lames  a  dfi  se  convaiiicn) 
i|iie  si  des  oh.jections  s'dtaieiit  •■leves  couti'e  le  rey;lement  ]iutili(^  an  iioindc  !<;i  Majeste 
I'llinpereur  de  toutes  les  Knssies  sous  la  date  du  I  ( 1(5)  scptemlirc  IS21,  les  mesures 
iilterienres  adoptees  par  Sa  .Majesto  lm)it'-i'i:ile  nc  laissent  ancuii  donte  sur  la  jiuretd 
«h'  s«'s  vncs  et  siir  le  desir  <|ii'clle  aura  ttiujoiirs  de  coneilicr  ses  droits  et  ses  int<>retH 
avee  les  int<^rets  et  leu  droits  des  r'uissances  auxi|nellcs  I'linisseut  les  liens  d'lino 
amitii>  veritalde  et  il'iine  liienveillance  rr-cipro(|Ue. 

Avant  de  t|uitter  N'erone.  le  sonssi>>n(^  a  re(,'u  I'oidri' de  ilonner  an  (tonvernemeiit  do 
Sii  Ma.jestt'  liritaunii|ue  unc  mm  vellc  pren\ c  des  dispositions  conniies  de  ri'',mperenr, 
en  jiroposant  a  son  excellence  .M.  Canniii;;.  I'rincip.'il  Secretaire  d'K.tat  de  ."^a  M;ijest<5 
Hritannitjue  jionr  les  Atfaires  T.  trance  res,  sans  i|Ue  ectte  projiosition  piiisse  porter 
atteiute  mix  droits  de  Sa  Majest«5  linp-riak',  si  ello  u'est  paa  aceeptdo,  (^110  do  i»arl  ct 

33 


]\      ( 

f 

lii  j, 

'ili  I 


iff 


2r)8 


niTLOM ATIC    ('(MiUKSfONKKNCE. 


(I'lmtrt'  1:1  i|iirstii)ii  ilr  ilroil  sirici  suit  |in>viMiii'fiiM>nt  iTiirtf^r.  "t  i)itir  toim  li-s  <Iif- 
IV'ti'IhIs  iiii\i|ii('ls  ii  iltiiiiii'  lieu  li'  i'i-;:li'iii<'iii  <liiiu  il  s'li^rit.  ts'itpiilii'-iinMciii  pur  ini  :ii'- 
riili;;t'iii('iit  :Miiii':il  rmiili'  siir  li-  .hciiI  |iriiiri|M-  ilrN  •-•mix  riiiiiiii's  iiiiii  ii<-lii-s  el  i|iii  st>r:iit 
Ili'';ti>ri«^  a  Sl.-I'i'lrislmmji. 

l/l''iii|i<'r('iir  sc  llallf  (|iic  Sir  Charlie  I  {a  not  iit-  'ardrra  {loiiit  a  icirs  nir  Irs  |iiiii\  oirs 
ft  Ics  iiislriii'l  inns  iK'rcs.saiiTs  a  ifi  clli'i.  ii  i|ii>'  i.  |ii'ii|MiHitioii  <lii  ■••iHr>Mio;ii).  nrhix  •■ra 
lie  ili'iiionli'i'r  an  (ioiiM'i'iii'iiirnt  ilc  Sa  .Majt'sir  Itriiaiiniiinc  ri)nil>M>ii  Sa  Majestc  Ini- 
|)oriali' sonliaiic  i|n°anrnni- ili\  tM'K'rnri' iri)|iiiiii>n  nr  )niisM-  snlisisit-i  fntrc  la  Wnssif 
et  la  (iraiiilt'-Hrcta^iii-.  el  iiiu-  Ic  pins  paii'aii  aitrml  cuaunuc  du  luisidrra  jenrs  rda- 
tiuuN. 

la'  s(inssiu;n(<.  etc., 

LlKVKN. 

LoXDHKs,  Ic  I'J  (■l/)jiinrhr  1S23, 


(InrloMillli  10. ■) 

2[r.  a.  <  nil  lit  HI/  lo  iStr  (\  Tiatiol, 

No.  1.]  FiiiiEicN  oirirr.  Frhrunr;/  ',  r.'f?.?. 

Sin:  Witli  rosport  to  my (1i.sj>atcli  No.  .'>  o('tli«-  .'MHt  l)tM'<'nil)er  liw»T.  traiiKiiiitt.iiiir  to 
your  oxcflliMiry  the  'opy  of  an  instrnctioii  aililri'^sol  to  tlit-  Dnkt-  ol  \Vfiiin;iitni.  as 
well  as  a  (lispatcli  ikmi)  his  <;ra<'(' ilatcd  Nfiona.  the  L'iitli  No\i-iid>«M'  laNi.  iiotli  upon 
the  siiltjcrt  of  tile  K'ussiaii  nkasc  id'  .'^t'pifnilitM'.  ISi'l.  I  ha\.-  now  lo  midoNf  to  your 
fXi't'lli'llry  till-  i'op>  i>i'  ;i  ludc  wliicli  lias  liccn  addri'.sst-d  to  mo  In  Count  Lh^vcii.  ^^x- 
|)i('ssin;j  Ills  Inipt'i'ial  Majesty's  wisli  to  I'ntri-  into  sniur  aiidc.-ilMi-  aiTaii;ri'mriit  I'or 
iirin^rJnH;  tills  snitjfci  to  a  satisl'acloi'y  tcrnunai  ion.  and  i'<-<|n<-stini;  tinit  yonr  i-\ct>l- 
lency  may  lie  l'iii'nisii<'d  with  I  he  ni'ifssaiy  powi-rs  to  i-nlt-r  into  ni-'^iu  ai  ions  lor  that 
pni'posc  with  His  Initici'ial  Majrsly's  iniiii.-ifis  at  St.  I 'ctfisltm ;;. 

1  avail  inysi'il  of  ilii-  opportunity  ol°  a  Ikiissian  conruT  lot'  wliow  driiai'i  nn>  (  onnt 
l.ii'vrn  has  only  just  afiprisnl  mo)  to  send  I  Ins  iioto  to  yonrexridVuc  and  to  dt'sifo 
that  yoni-  cxccllenrv  will  )iio(i'<'d  in  open  the  disrnswion  uiih  tli«- K'l^^ian  Minisici' 
upon  the  basis  n'  ill!    iiistrni'tion  to  l  lie  l)iiUo  ol Wrilinti'ton. 

1  will  not  tail  n>  inuMmit  to  yoni' cxct'lli'iify  I'lill  powers  lor  the  e<>«i<'|u.sion  of  i'ti 
a;;;reement  upon  Tlii>  ^nlijei^,  liy  a  messeii^fi  whom  I  \\ill  disitaiehto  on  a>-Hooii  as 
1  shall  lni\  e  eollt'^reii  iin\  mrtlier  inlnrniat  ion  whiili  it  ma\  lie  i'\)i»ttiiMiit  lo  tiiriiish 
to  yoin-  e\eellem", .  <ir-M>  foiiml  an\  further  itisiniciiou  upon  that  xiia\  be  iiccL'.ssary 
for  yuiir  ^suidunee  urtiluM  important  iiegotiiitina. 
l-iUM;,  am:., 

QHi).    CaSi'NING. 


fliii'lo.Hiin'  11.] 

Mr      .-r''  'n  ,Vr.  O.  ViuiHhitj. — {Uii-finil  Xorrmhrr  2M.) 

-I:   1-   >»  vf.i;-    SiicllviY.  Nkw    iliM>Ai»  S'rifi;i;i.  Sdnmhrr  IT).  IS^.l, 

HI         t  yon  were  pleasi-rl   in  honor  iiie    with  an  iitiiin'vinw 

■-e  prcdiiliit iiii;    loremn  \e,ssels  from  loiieliinm  at  or 

nieiits  aloim  1  lie  ntiri  liwost  coast  (d'  Alnen';i  t  lieruin 

'    .    "diiess  to  iiilorin  me  i  liat  a  represeiitaiam     lad  hoeii 

iiiMii.  .iitii  iiiLitt    \(Mi  had  rea.H<>ti  til  liclieve  that  tlienl<  >«■•'  would 

i  lid   verv  siKoftlv  after   this  <  omiiiiinieatinn    I  was   ini-o-in«^d,  on 

it«d 


Silt:  Im  th- 
ou the  siilij*-! 
appri>aeiiiii<: 

IIDMIt  Mined,    w 

made  to  th:i 

not  ho  a«!te(i 

what  1  I'oiisiijiered  niidonht<-il  :i.nii:iorit\ .  that  rlie  K'ussian  *<n\  eminent  hiid  in 

to  withdraw  th-ii  mifoinnhd  pr's^-nsion. 

'I'll!'  eomniittee  ot  tint-  soci«'t\  ■••in;j  about  !■■  make  their  animal  report  to  riie  ship- 
owners at  lary:e.  it  w.mld  In  sathntietory  tot  heai  tn  !■<'  able  to  stale  therein  ti'^i  otlieial 
adviies  have  btt-n  ieeei\ed  frowi-l.  retersimr;;  that  the  ilkase  had  been  .innnlled; 
and  should  this  be  the  ease,  1  Ibiu'-  to  expresN  the  hope  oi  tlic  eoinmittee  Id  \w  lavoreU 
with  a  eoiiiniiinieatitMi  ii'uiu  y«i«  Mi  that  ett'eet. 
1  have,  etc., 

(iKOlU-.h;    L^AI.I,. 

Chainiitiii  of  i^lii^iowniim'  CummUtee. 


« 


JUKISDJCTIOXAL    IiIGHT8    I\    HEK1N({    SKA.  259 

(IiirloKiire  1"J.] 
Lord  l\  ('otui»ijham  to  Mr.  l.i/alL 

FoUKUiN  <)kki(;k,  Xoniwbir  ;?^',  !S?.1. 

Sir:  T  am  (lirortod  1)y  Mr.  Socrctary  Ciniiiitijj  to  ai'knowlctl;;*)  llii>  n'l'cipt  of  your 
letter  <>t'  llu'  littli  instant,  cxiircssiiijj;  a  liopc  that  tlic  ukase  ot'  Si'ptfnilicr.  18LM,  Uud 
Immmi  aniiiillt'il. 

Mr.  (  anninj;  can  not  antliori/.c  me  to  state  to  yon  in  difttinct  terms  that  the  nkas«> 
i.iM  lieen  annnlleil,  because  liu'  iie>;otialion  to  whii'h  it  gave  rise  i«i  still  pen(liii<r,  t;m- 
I  racing  as  it  does  many  points  nl'  •{real  intricacy  as  well  as  inip<irlance, 

Mut  I  am  tlirccieil  by  Mr.  ('anniii<;  to  ac<|naint  von  that  orders  have  been  sent  out 
b  •  the  ronrt  ol'  SI.  I'elerslnirij  to  thi'ir  naval  I'ommainlers  calculated  to  iire\enl  any 
coi'isimi  bet\v4'»!n  Russian  ships  and  those  ol' other  nalitms,  and  in  oU'ect  Huspcndin<; 
tiiu  UK.<se  nl'  September,  18JI, 
1  am,  etc., 

F.   CoNYXCill.VM. 


[Imiosarc  111 Kxtrnct.] 

Mr,  (I,  ('(iiiiiiiKj  to  Sir  ('.  lUnjot. 

FoUKUiv  Ok.  i(  K.  J<ni»((»7/  ?n,  W.?/. 
A  long  period  has  elapsed  nincc  1  gave  your  ijxcelh'ncy  reason  to  expect  ad<liiiimal 
instrnetiouN  for  vour  cmidnct    in  the  negotiation  respecting  the  Russian   ukase  of 

That  expeetatiim  was  held  out  in  the  belief  that  I  should  have  to  iuMtrncI  you  to 
com  bine  your  proceedings  with  those  of  tlie  Aniciican  minister,  and  the  framing  such 
instructions  was,  of  necessity,  delayed  until  Mr.  Rush  shouhl  l)e  in  possession  of  tho 
intuntionM  of  his  Governun-nt  upon  the  subject. 


'Ai 


i 


It  renniins,  tln-refore,  only  foi'  nu'  to  ilirect  your  excelleuc\-  to  resunm  your  n(!go- 
tiation  with  the  court  of  St,  I'etersbnrg  at  the  point  at  which  it  was  suspended  in 
eonsei|Uence  of  the  expected  accession  of  the  rnited  Slates,  and  to  endea\  or  lit  bring 
it  as  speedily  aspossilde  to  an  auucable  and  homu'able  conclusion. 

The  ijueslious  at  issui^  bet  ween  I  i  real  Itrilain  au<l  K'nssia  are  shoil  and  simple.  The 
K'ussian  ukase  contains  two  objeilioualdc  preli'iisions:  lirsl.au  exlra\'a'.;':iut  assnuip- 
tioii  of  marit  ime  supremacy  ;  sec<Mnlly ,  an  nnwarranlcd  claim  of  Icrritiuial  dominion. 

As  to  ilie  lirsi,  the  disavowal  of  Knssia  is,  in  subst.ain'e,  :ill  thai  we  could  desire. 
N'othing  remains  for  negoliation  on  thai  head  but  to  clothe  thai  disavow  :il  in  precise 
and  salisfaclory  terms.  Wewoiild  much  ralherlhal  those  terms  slnmld  besuggesled 
by  Knssia  iierselfthan  have  the  air  of  (trclcndiug  to  di<'lale  Ihem.  ^'on  will,  there- 
fore, rc(|nesl  Coiiul  Nesstdrode  to  fuinish  yon  with  his  notion  of  smdi  .i  de<'l,'iration 
on  this  point  as  may  lie  satisfactory  lo  \our  (io\erumenl.  That  declaration  may  bu 
niudo  the  pi'uuinblu  of  the  convent iim  of  limils, 

•  •  «t  *  •  •  » 


tTiiclcisiui'  II.     Kxinu't.] 
Mr,  <t.  ('aiiiiiini  to  Sir  ('.  Haijol. 

No.  2i).l  Foni-.Kiv  Ovv\cv..Juhi  SI.  JS?f. 

The  ••  projet "  of  n  convention  which  is  incloseil  in  my  No.  i.'(i  having  been  com- 
municated liy  uu'  lo  ("onni  l,ie\  en.  w  illi  a  re(|Uesl  I  hat  his  excellency  would  uole  any 
points  in  it  upon  wlii(di  he  conceived  any  dillicnlly  likelv  to  arise,  or  any  explai  (- 
lion  lo  lie  necessary,  I  have  received  tVom  his  excellenc,v  Ihe  memorandum,  a  co|)y  n 
whiidi  is  herewith  inclosed. 

Your  excellency  will  observe  thai  there  are  bnl  I  wo  points  which  h.ive  struck  ( 'ou  lit 
Liev  en  as  susceptible  of  an.v  ijiiest  ion  ;  Ihe  lirst .  the  assumpi  ion  of  I  he  base  of  the 
mount  a  ins,  iiLslead  of  the  summit,  as  Ihe  line  of  bonndarv  ;  Ihe  si'conil  t  he  extension 
of  th(<  right  of  iiav  igalion  of  the  racillc  to  the  sea  li'Viiild  jiidiiiug  Straits. 

.\s  to  the  second  point,  it  is  pi'i'haps,  as  Count  Lieveii  remarks,  new.  ItuI  il  is  lo 
be  remarked,  in  retiiiii.  that  the  circnmHtancoN  under  which  this  additiimal  seeurily 
in  re<|nired  will  be  new  uIho, 


\ 


I 


<\' 


ij 


260 


DIPLOMATIC    COKHESI'ONDKNCK. 


n.v  tlio  tcrritnriivl  (Irniiircalion  iiiii-red  to  in  this  ••inojct"  Russi:  will  lipcniiic 
jMissosHcd,  in  ;ici\iii>wl('(ij>t'(l  snvi-ri'ijiiity.  iiCltotli  sidrs  ol'  IJi'i-iiij;  Stniits. 

TIm' powci' wliiili  ('(iiild  think  iif  niiikin<i' thi-  I'licilic  n  iiiiirr  (linixiiiii  nny  imt  nii- 
iiiitui'iiH.v  he  sn|i|)i)st'ii  (.'iipiihlt  .'I'm  ilispiisii  inn  tu  :i|i|ily  tin- siiino  rliiinictrr  {<>  ti  str.'iit 
tMtinprt'htMiih-il  lictwrrn  t  wo  nhoii-s,  ot'wliicli  it  Ihm  onies  the  iinilis|iut('(i  owner.  Hnt 
tht'  slinltin^' n]i  of  llfhrinj;-  Sti:iils,  or  thr  jiowri- to  shnt  thi'ni  np  linviit'tci,,  wouM 
he  ii  tliin^t  not  to  1)1'  toleiMtfd  1)\   l!nj;hin<l. 

Nor  could  w  <■  snhniil  to  lie  t'N^hidcd,  ritln'V  posit  ivcly  or  constrnctiv  ly,  from  a 
sea  in  whicli  the  skill  and  scicnic  of  oni' sramcn  ha-  hern  anil  i«  still  i'n]iIovi'd  in 
cntcriiriscs  inteiu-si  inn  <>"'  1<>  this  coimtrv  alone  l>nt  Ihf  wholi'  civilized  world. 

The  jirotection  j;iven  liy  the  con'.ention  to  the  Anieriian  coasts  of  each  power  nniy 
(if  it  is  thou<:'lit  necessary)  lie  extended  in  lei  ins  to  tlw  coasts  <dthe  li'nssiai!  Asi.i'ic 
territory;  Imt  in  houh'  way  or  other,  if  not  in  the  t'orin  now  )iresi'nted.  I  lie  tree  navi- 
gation of  IJcliriny  .Straits,  and  of  tie-  seas  beyond  them,  must  he  secured  to  ns. 


'in: 


[InrldHiur  !.">.     Kxtrarl .] 
Mr.  G.  Cnnnhuj  to  Mr.  S.  C<iinihi<f. 

No.  1.]  FouKKiN  Oi'KKi;,  Diriiiihr  ,<?,  ffl24. 

His  .Majesty  lia vine;  been  j;racionsly  pleased  to  iianie  you  his  )ileni)iotent  iar.\  for 
concliidiii<;  and  sijjninj;;  with  thi'  Kiissian  t;o\ernin<'nt  a  coii\-enlion  for  terininntin'i' 
the  discussions  w  liich  liave  arisen  out  of  the  piiMiinlnat  ion  of  the  h'ussian  nkaseof 
lS2l,and  for  seltliiift  the  respecti\ c  territori'il  claims  ol' (iri'at  lirilain  and  K'nssia  on 
the  northwest  coast  of  ,\nieriea,  I  have  received  His  .M;ijesty"s  connnands  to  direct 
yon  to  ri'))air  to  .s^t.  rotersbnrjj;  for  that  inirpose,  and  lo  tiirnish  yon  with  the  neces- 
sary instriictionH  for  teriiiinatin<;'  the  lon;;-pr<dra<'ted  ncuotiaticMi. 

'I'lii'  eorrespoudenee  which  has  alr(>ady  passed  upon  this  subject  has  been  snli- 
mitted  to  your  jioriisal.     .\nd  I  imlose  you  a  copy — 

1.  ( »f  tlio  "  projet  "  which  Sir  Charles  liayot  was  anfhori/ed  to  conclude  and  sii;n 
some  months  ajjo.  and  which  we  had  every  reason  to  expect  would  have  been  enlirely 
satisfactoiy  to  the  K'ussi.in  (io\erninent. 

'2.  Of  a  ■•  contre-projel  "  draw  II  n]»  by  the  K'lissi.Mi  ]deni)iolent  iaiics.  and  presented 
to  Sir  Charles  Haj;()t  at  their  last  meetinji  before  Sir  Charles  I!a;i<)t's  departure  frnm 
St.  l'et«Msl»Mr<;. 

;{.  ( >f  a  disiiatcli  from  Count  Nesselrode,  aiconipiinyinji;  tho  transmission  of  the 
'•  conlre-projet  "  to  Count  Lieven. 

In  tliat  dis|)ateli,  and  in  certain  mar<;'iiial  annotations  n|)on  the  copy  of  the  "  )>r(r- 
iet,"  are  assij^ned  the  reasons  of  the  alterations  pro]tosed  by  tho  liussiaii  iilenipoteii- 
tiai'ics. 

In  considerinu'  the  exiii'diency  of  admitliii!;  or  reJ«M'tiii}j  the  )iroposed  alteral  i(Uis. 
il  will  be  convenient  to  follow  the  articles  of  tlui  treaty  in  tin'  order  in  which  Ihej 
B  ami  in  tin-  Kiifjlish  "projet." 

Von  will  observe  in  the  iirst  place  that  it  is  proposed  by  the  Kussian  pleni|ioten- 
tiaries  entirely  to  c!ian;je  that  ordci',  and  to  transler  (o  the  latter  part  of  the  instru- 
ment the  article  which  has  hitherto  stood  Iirst  in  the  ••projei." 

To  tb.it  tr.insposilion  wo  can  not  a.nree.  for  the  very  leasnu  which  Count  Nesselrode 
alley's  in  favor  of  il,  vi/,  that  the  "  economie."  or  nrraimenn'ut  of  the  treats ,  oiiuht 
to  have  reference  to  the  history  (d'tlie  nejfotiation. 

The  wlndi'  ne};otiati<ui  arows  out  of  llie  ukase  of  IHlil. 

So  cut  irely  and  altsolulely  true  is  this  proposil  ion.  that  the  settlement  <d'  IIk'  limits 
of  tile  respective  possessions  of  (ireat  llritain  and  Wnssia  cm  the  mirtliw  est  coasi  (d' 
America  was  proposed  by  us  <uily  as  a  mode  of  faciliiat  in^  the  adjustment  of  I  he  dif- 
feicme  arisinji  from  the  ukase,  by  enabling  the  court  of  Uiissia.  under  cover  of  the 
more  eom])reliensi  ve  ;irr;iii<;ements.  lo  withdraw,  with  less  appear;ini'e  of  coi;cession, 
the  olfeiisive  pretensi(Uis  of  that  eilict. 

It  is  comparatively  indill'erent  to  iis  whether  we  hasten  or  pitstpmie  all  (luestions 
respeetin<;' the  limits  of  territorial  possession  on  the  continent  of  .America,  but  the 
l»retensi(uis  of  the  K'lissi.in  ukase  of  ISL'I  to  exclusive  doniini(Ui  ovci'  tin-  I'aiilii'  ccuild 
not  continue  lon^rer  unrepealed  w  itiiout  com|)ellin<r  us  to  take  some  measure  of  pub- 
lic and  etfectual  remonHtrance  against  it. 

Von  will  therelVne  take  care,  in  the  Iirst  instance,  to  repress  iiny  attempt  to  k'^" 
this  ehanjic  to  the  character  ol'the  ne<;'otial  ion,  ami  will  declare  without  reserve 
that  the  ))oint  to  which  alone  the  s(dieitiide  ol'the  Itritish  (iovernineiil  and  the  je.'il- 
oiisy  of  the  Uritish  nation  may  attach  aii,\  ;;reat  importance  is  the  doinji  away  (in  a 
innnner  as  little  disagreeable  to   Unssiu  as  possible),  of  the  ell'ect  of  the  nkuse  uf 


JUHISDICTIONAI,    HKillTS    IX    BKRIN(i    SKA. 


261 


Tliiit  this  iikiisi'  is  iiol  Mi'tcil  ii]Miii.  ami  llitit  iiistnictioiis  Imvi'  lirt'ii  ioni;  ;i<;i>  sent 
liy  till'  IviiNsiiin  (!()\  iTiminit  to  tlirir  crnistTs  in  liir  I'ltfilif  U>  siis|ifiiii  llir  i'mtiiiIku 
of  its  priivihioiis.  is  line,  liu(  .i  inivalc  ilistivnwiil  of  a  iiiiliiisj.ci!  riaiiii  is  im  s-i'iiiity 
ti^TjiinsI    tilt- rc\  i\  ,'tl   <il'  tlial    t'liiini.     Tlif  siispcnsioii  ot'  tli<- i-si'riitioii  of  :i  |ii'iiiri|ilc 

iiisiv  lie  pt'i'fi'clly  4'oni|i!ililil(^  witli  llii'  contiiiiii'il  !iiaiiitrii:i! of  tlir  |ii'ini  i|ilt'  itsclt'. 

and  wIh'Ii  \vi'  liaM-si-tii  in  tlir  conrsc  of  tliis  iii'^otialioii  tiiat  tlic  !i'iis.>jaii  ciaini  to 
tilt-  possi'ssion  of  Ihr  t'oast  of  Aiiii-rica  <lo\vn  to  lat itiiil*-  .'i!i  rests,  in  fart,  on  ini  otlicr 
•ri'onnil  lliaii  tin'  |)i'fsiniii'il  ariinii-smicc  of  tin*  nations  of  l^niopr  in  liir  piox  isions 
of  a  ukase  pnlilislu-ij  liv  tin'  laniieroi-  I'anI  in  the  vear  IKOO.  a<;'ainsl  wliieli  i)  is 
allii'in(;<l  that  no  pnhiie  renn>nstraii<-e  was  inaile,  it  heeouM's  iis  to  lie  e\eeeilin;;ly 
earefnl  Ihalr  we  <lo  not.  Iiy  a  similar  ni';;leet  on  the  piesent  oecisi m,  allow  a  siniila'- 
)ii'esninpt ion  to  lio  I'aist'd  as  to  an  aeijiiieseence  in  the  iikase  of  IKi'l. 

The  li'jht  of  the  sniijcets  of  His  Majesty  to  na\ij;at<'  IVeely  in  the  I'aeilie  eaii  not 
In*  held  as  nialtrrof  indnl;;enee  from  any  power,  liiivin.u' onee  lieen  piildiely  (iiies- 
tioned.  it  must  Ix"  pnhliely  aeknow  ledned. 

We  do  not  desire  that  any  distinct  leferenee  shonhl  lie  made  to  the  ukase  of  ISL'I, 
lint  we  (hi  fe(«l  it  necessary  that  the  statement  ofoiir  rij^ht  slioiihl  I.e  clear  and  posj- 
ti\'e,  and  that  it  should  stand  forth  in  the  convention  in  the  place  which  properlv 
htdon<;'s  to  it  as  a  plain  and  sniistant  i\'e  stipulation,  and  iml  he  lironi;ht  in  as  an 
ini^iitental  c<insei|nence  of  other  arran;;ements  to  which  we  attach  comparat  i\  el,\' 
little  iniportiince. 

'Ilii.s  H'ipniat  ion  stands  in  the  front  of  thi>  convention  conelnded  hetween  K'nssiji 
and  the  rnilcd  Slates  of  Anieiica.  and  we  see  no  rtsason  why,  npoii  sniiilar  claims, 
we  should  not  olilain  exactly  the  like  Natisfact  ion. 

For  reasons  of  the  same  iianire  we  can  imt  I'onsellt  thilt  the  liheity  of  n:;vi;;'alion 
throuith  I5erine"s  .straits  should   he  stated  in  the  treaty  as  a  lioon  from  liiissia. 

The  tendency  of  tiiich  a  statement  would  he  to  <.;'i\e  countenance  to  those  claims  of 
exclusive  Jurisdiction  auainsl  which  wc,  on  oiirown  hehulfaud  on  that  ot' the  w  holo 
civilized  world,  protest. 

No  specilicitioii  of  this  sort  is  found  in  the  coii\  eiition  with  the  rnited  Siate>  of 
Americ.i;  ami  yet  it  lan  not  he  douhted  that  tiie  Americans  consider  tliiinsilvcs  as 
Heciireil  in  the  rii^ht  of  naviyatini;  ISehrin;;  .straits  and  the  sea  hexciml  Ihcm. 

It  can  in  it  lie  expected  that  Kli<ihind  should  re-'ei\  eas  a  hoon  that  w  liicli  I  he  i 'nilcil 
States  hold  as  a  rijihl  so  uni|uesilonulilc  as  not  to  he  worth  reiordiiii;. 

t'erliapN  the  simplest  course,  after  all.  will  he  to  snhstitute,  fur  all  that  pait  of  the 
"  I'rojet  "  ;ind  •'  ( 'ontre-rrojet  '  which  relates  to  maril  iiiie  riiihts.  and  to  iia\  iy;,iiicin, 
thelirst  t  wo  art  icics  of  the  con\  ention  alieady  loncludcd  liy  the  ciuiii  ofSt.  I'cteis- 
hiir<r  with  the  I'nited  States  of  .\incrica,  in  the  oidcr  in  which  the\  4anil  in  that 
convent  ion. 

I{iissia  can  not  mciii  to  jiive  to  the  I'nited  .states  of  America  what  sue  withholds 
from  us,  nor  to  withhold  from  us  anythin;;;  that  she  has  consented  to  ;i'i\e  to  the 
Tnited  Slates, 

The  uniformity  of  stipulation  in  jxiri  nnihrin  yi\es  ehainess  and  force  to  ooth 
arran<;'enM'nls.  and  will  estahlish  that  fontin'.;  of  ei|uality  hetween  the  several  con- 
triiclin;;'  parties  which  it  is  most  desiralile  should  csist  liet  vv ci'U  t  luce  povv  ers  w  Imse 
interests  come  so  nearly  in  contact  vvith  each  other  in  a  part  'if  the  '.;liilic  in  w  hicli 
ini  other  ]iovver  is  concerned. 

This,  therefore,  is  what  I  am  lo  instruct  ,\  ou  lo  proimse  at  once  to  t  he  Ifussiau  uiin- 
ister  as  cutliny;  short  an  otherwise  inconvenient  discnssuin. 

This  expedient  will  dispose  of  ,\rtic|e  I  of  the  "  l'roJ"t,"  ii!id  of  .\rlicles  V  and  \  I 
of  the  "  Coillrc-I'lojet." 

The  next  articles  relate  to  the  territorial  demarcation. 


k 
& 


ir 


With  reijard  to  the  port  of  Sitka,  or  New  Arehanj;el.  the  otl'cr  came  orii;inally  from 
Ivussia.  hut  wciiieiioi  disposed  to  oliject  to  the  restriction  which  >he  now  applies 
to  it. 

We  are  content  that  the  port  shall  he  open  to  iis  for  tin  v  ears,  prov  ided  only  that 
if  an.v  ot  her  nation  ohtaiiis  a  more  extended  ti  rni.  the  like  term  shall  he  extended  to 
us  also. 

We  arecoiilont  also  to  assitrn  the  perioil  of  ten  vears  for  the  reciprocal  liherlv  of 
access  and  commerce  vvith  each  otlurr's  territories,  whoh  stipul;ition  may  he  liest 
Hinted  precisely  in  t he  terms  of  Article  IV  of  the  .\uuu°ican  convention. 

These.  I  think,  arc  the  only  points  in  which  alterations  are  re(|uiied  hy  liiissia, 
and  we  have  no  other  to  propose. 

A  "  I'rojel,"  such  as  it  will  >r;iiid  accoidinir  the  ohscivat  ions  of  this  dispatch,  is 
inclosed,  which  you  will  uiidcrsl.iuil  as  furnished  to  you  a>  a  enido  for  the  draw  ini; 
U])  of  I  he  con  V  cut  imi :  Init  not  .is  pi'cscrihin<j;  tin  precise  iirm  ot'  words,  nor  tei  tci'iu<{ 
your  discretion  as  to  any  iilterations,  not.  varyii<<>;  from  the  .suhHtaiico  of  these  in- 
HtriietiuUH. 


r  u, 


I 


i'fffawi  "■T!'S'tf»i"T 


2G2 


DIPLOMATIC    COURKSPOXDENCE. 


:M 


[t  wil/,  ofcoiirsc,  strikntlio  Kiissittii  plenipotciitiinios  that  by  the  ailoption  of  thu 
AiiK'i'ii'iiii  iirticif  r(;.s|icctiii;4  iisn  i^raiion,  etc.,  thf  ]»rovi.>>i<)ii  for  an  exclusive  lisliery 
ot'lwo  lra<;ii('s  t'l'Diii  the  coasts  of  our  rrspcctivt' jtosscsMions  fullH  tu  tht-  ijrouiul. 

Milt  th*-  oiiiiHsinii  i^4,  ill  triitli.  iiiiniatcri.il.  Tlif  htw  of  nations  asHijriiH  theexrlii- 
Kiv»^  N(i\('rci;'iitv  of  (»«c  It'a;jiir  to  ciich  jiowcr  otf  its  o\v;i  coasts,  witliout  any  spccitic 
sti|iiil:itioii,  anil  tlion;;h  Sir  Cliarlcs  ita<;ot  was  aiithori/cil  to  si^n  tlii<  convention 
with  the  specilic  stipulation  of  two  lea;;U('s,  in  ij^iiorancc  of  what  hail  Iteen  ilecideil 
in  till!  Aniericiu  convention  at  the  time,  yet,  after  that  convention  lias  been  some 
iiioiitlis  Iteforit  the  worlil,  and  al'ter  the  o]i])ortiinity  of  recmmiileration  has  been 
forced  upon  us  by  tiie  act  of  Knssia  herself,  we  can  not  now  consent,  in  ne^otiain;; 
(If  iKirii.  to  a  stipulation  which,  while  it  is  absolutely  uniinnurtant  to  any  practical 
pioil,  would  i-ippear  to  establish  a  contract  between  the  United  States  and  uh  to  our 
disadvanta<ie. 

Count  Nesselrude  himself  liaH  frankly  admitted  that  it  was  natural  that  we  should 
expect,  and  reasonable  that  we  should  receive,  at  the  hands  of  KuHsia,  equal  measure 
in  all  respects  with  the  Inited  .stales  of  America. 

It  remains  luily,  in  reca]iitii]atiun,  to  reiuiud  you  of  the  orijriu  and  principles  of 
this  whole  ne;;otiation. 

It  is  not.  on  our  ))art,  essentially  a  ne^rotiation  about  limits.  It  is  a  dennmd  of  the 
rcjieal  of  an  otVeusive  and  iinjustitialde  arro;;atioii  of  exclusive  Jurisdiction  over  an 
ocean  of  unmeasured  extent ,  Itnt  a  demand  i|ualified  and  miti;;ated  in  its  manner, 
in  order  th;it  its  justice  may  be  acknowledged  and  .satislied  without  soreness  or 
humiliation  on  the  part  of  Knssia. 

We  neirotiate  about  territory  to  c»)ver  the  remonstrance  upon  i>rinei]ilo. 

Ibit  any  attempt  to  take  undue  advantage  of  this  voluntaiy  titcility  we  must  op- 
pose. 

If  the  present  '■  I'rojet"  is  aureeable  ti>  Kiissia  we  are  ready  to  conclude  and  sifju 
the  treaty.  If  the  territorial  ari'.'iii<{ements  are  not  satisi'aclory  we  are  ready  to  )tost- 
]ione  them  and  to  ciuiclude  and  si;>'n  the  essential  jtart — that  which  relates  to  navi- 
gation alone,  adilin<;  an  article  stipulating  to  negotiate-  about  territorial  limits  here- 
after. 

Ibit  we  are  not  i)repared  to  defer  any  loimer  the  settlenitnt  of  that  essential  part 
of  the  i|iiestiou ;  and  if  K'ussiit  will  neitlu'r  si;,;'n  the  whole  cunveiitiiui  nor  thai  essen- 
tial p.trt  ot'  it.  she  must  not  take  it  amiss  that  we  resort  to  some  mode  of  recording, 
in  the  face  of  the  world,  our  j)rotest  against  the  pretension;-  of  the  iik.-ise  of  lH\i\, 
and  of  elfectually  securing  our  own  interests  against  the  possibility  of  its  future 
uperatiuuM. 


flncldHiiit'  10.] 
Mr.  S.  Canning  to  Mr.  (1,  Canning.     (Received  March  21.) 


i     i       ■ 


No.  15.1  ^i-  Pi'TEUsunu;,  Fibrnuiji  /;  (MtuTh  I),  7fi.''>. 

.Sii!'  My  the  messenger  T.atchford  I  have  the  honor  to  send  you  the  .•iccompaii\  ing 
convention  i)et\\eeii  His  Majesty  and  the  I'liiperor  ot'  Russia  respecting  the  Paiilic 
Ocean  ami  Northwest  Coast  of  America,  which,  accoiilin;^-  to  your  instructions,  I  con- 
cliided  and  si^rned  last  night  with  the  Hussiun  plenipoteitl  iaries. 

Tile  alter.itioiis  w  hii-ji,  at  their  instance,  1  base  admitted  into  the  "  I'rojet,"  suili 
as  I  pi-esented  it  to  tlieiii  at  first,  will  be  t'ound,  I  conceive,  to  be  in  strict  ciuiformity 
uith  the  spirit  and  si;bstance  of  Mis  Majesty's  <'om  ma  nils.  The  order  of  the  two  main 
sultjei'ts  of  our  negotiation,  as  stated  in  the  preamlde  of  the  convent  ion,  i;.  |)r(  ser\  ed 
in  the  articles  ol'that  instrument.  The  line  of  demarcation  along  tlie  stiip  of  lami 
on  the  north  West  co.ist  of  America,  assigned  to  b'ussia.  is  laid  dowu  in  the  cou\eiition 
agreealdy  to  your  directions,  notwithstanding  some  dilhciilties  rai.sed  on  this  point, 
as  well  as  on  that  which  regards  the  order  of  tlie  articles,  by  the  Russian  plenipo- 
tentiaries. 

The  instance  in  which  you  will  perceive  that  I  have  most  availed  myself  of  the 
liititiide  allordi'd  )>>  your  instructions  to  tiring  the  negotitition  to  a  satisfactory  and 
prompt  conclusion  is  the  division  of  thf  tliinl  article  of  the  ii'-w  "  I'rojet."  as  it 
stood  w  lien  I  gave  it  in,  into  the  third,  fourth,  and  tiftb  articles  of  the  conveMtion 
Ki;i;ned  \t\  the  pli'iiipoteiit  iaries. 

This  change  was  suggested  by  the  Russian  ]deiiipotenti;iries,  and  at  first  it  was 
HU^tj;ested  in  a  sliajic  which  appeared  to  iiic  olij«M'tionable ;  Itiit  the  ai'ticles,  as  tia'y 
ail-  now  drawn  U|>,  I  himibly  conceive  to  be  such  as  will  not  meet  \n  itii  your  disiip- 
]U'obation.  The  second  pai'ai;raph  of  the  fonith  article  had  already  appeared  paren- 
thet ically  in  the  third  ail icle  of  the  ••  I'rojet,"  and  the  whole  of  the  fourth  iirticle  is 
limited  in  its  signiticiitiou  and  coiinected  with  the  article  immediately  pi'eceding  it 
by  the  lirst  paragraph. 


JURLSDKTIOXAL    KHillTS    IN    HI.KINC    SKA. 


2<;3 


AVitli  i('.si>i'ct  to  liclirin^r  Sti-iiil,  I  inn  liiijipv  to  liiivi'  it  in  iii.v  power-  to  iissiirr  yoii, 
on  III)- Joint  iintlioi'it.v  ol'iiir  h'nssian  )il(>ni|ioli'ntiiiri<'s,  th^t  llu'  l''.ni|iiToi- ol  linsNin 
)iiis  no  intention  wliatt-xor  ot' niaintiiinin;;  any  cxclnsivt;  I'iiiini  to  tlir  na\i<{ation  of 
tliosi'  straits  or  of  tin-  sfas  lo  tlic  norili  of  tlifni. 

It  ran  not  Ik- lu'ccssar.v,  nn<ler  liicsc  ciicnnistanccs,  to  trouble  yon  with  a  nioin 
|>ai'lienlar  aeeonnt  of  tile  several  confei'entes  wliii'h  I  lia\e  lielil  will)  tile  K'nssiaii 
))leni|)otentiaries,  anil  it  is  Imt  Jiistiee  to  state  that  I  have  found  them  (lisposeii, 
llii'on^hoiit  this  latter  sta;j;e  of  the  neH;iiliation.  to  treat  the  niatturs  iiniler  iliseiission 
with  faiiiiess  anil  liherality 

As   two  oi'iirinals  ot'  the  rfinvi-ution  pre]iiireil  for  His  Majesty's  (iovemineiit   are 
sifineil  liy  the  |ilenipotentiai'ioS;  J  ]iroj[K)se  to  leave  one  of  them  villi    .Mr.  Ward   for 
the  areliives  of  the  einliassy, 
1  have,  etc., 

SntATKoiiU  Caxmnc). 


»<  ■ 
'.  ! 
j  i 


f 


Mr.  Blaine  to  Sir  Julian  Paunvefote. 

Dki'aimmknt  ok  State, 

W'axhinfftini.  Ihrtmhii'  /;.  Is'.ti), 

Srn:  Yonr  note  of  Aiiniist  12,  wliit'li  I  itcknowNMlot-d  oii  tin-  1st  of 
Scptcinbcr,  iti«'lo,se<l  w  copy  of  ;i  dis))iitcli  fiotii  tlio  M;ti((tiis  of  Salis- 
Imiy.  datnl  Aii^tist  L',  i;i  icpl.N  to  my  note  of  ,ltiii«' .'{(», 

TiMM'oiisidi'iatioiis  iiilviiii(«'(l  by  liis  lortlsliip  liavc  ii  cciN  i'd  llic  ciin'- 
fiil  attciitioii  of  tlic  |>i'i-si(!ent,  and  i  am  iiislnictcd  to  insist  upon  tiic 
conrctnt'ss  an<l  validity  of  tiie  i»osition  wliicli  lias  been  caiiH-sily  ad- 
vocated by  tlu'  (lov<MiiiiH'iit  of  tilt'  Uiiitt'd  States,  in  (h'fciist'  of  Amcii- 
ean  rijilits  in  tlic  Uclirinji'  Sea. 

lit'^ai  and  diplomatic  questions,  apparently  complicated,  aic  olteii 
fouiul,  after  proloii;^cd  discussion,  to  depeinl  on  tlic  setlleincnt  of  ii 
sinjile  point.  Such,  in  the  ;iid^iiiei:t  of  tlic  I'rcsidciit.  is  the  position 
in  which  the  I'liited  States  and  (ireat  Mritain  find  tlieniselves  in  the 
|»eiidiiio;  controversy  fonchiny  the  true  const  ruction  of  the  K'lisso- 
Ainerican  and  Anjiloiv'tissiaii  treaties  of  ISl'4  and  IS2:».  (;rca(  Hritain 
contends  that  the  jihrase  ••  Pacitic  Ot'can,"  as  used  in  the  treaties,  was 
intoinlcMl  to  incbidc.  and  does  include,  the  body  of  water  wliicii  is  now 
known  as  the  llehrin;;  Sea.  The  I'liitcd  States  conti'iids  that  the  IJch- 
rinji' S«'a  was  not  iiientioned.  or  <'ven  releried  to,  in  either  treaty,  and 
was  in  no  sense  included  in  the  phrase  ■•Pacific  Ocean.''  if  (Ireat 
Hritain  can  inaintain  her  position  that  the  Itehriiio  Sea  at  the  tinie  of 
the  tretitii's  with  Hnssia  of  1S24  ami  1Sl»."»  was  inchided  in  the  Pacific 
Ocean,  the  (roverninenl  of  the  Pnited  Slates  h.is  no  well  ;;ronnded 
complaint  ajiainst  her.  If,  on  tlie  other  hand,  this  (loverninent  can 
prove  lieyond  all  doiilit  that  the  ilehriiifj;  Sea.  at  the  date  of  flie  tretities, 
Wits  understood  by  the  three  sjonatory  Powers  to  lie  a  separate  body 
of  water,  and  was  not  included  in  the  phrase  "  Pacific  Ocean."  then  tlit^ 
Ainerican  case  against  (Ireat  lliitaiii  is  complete  and  undeniable. 

The  dispute  i>iominentl,\  uivolves  the  meaiiiiij^  of  the  ithrase  "North- 
west ( 'oast,"  or  "  Northwest  ( 'oast  of  America."'  Lord  Salisiiury  assumes 
that  the  ''Noilhwcsf  Coast"  has  but  one  meaning,  and  that  it  i;:cludes 
the  whole  coa.sl  st  retrhiiij;'  northward  tothe  Mchrin;;  Strait:  .  The  con- 
tention of  this  (iineriimeiit  is  that  by  htii"'  piescriptioii  the  ^  .Northwest 
Coast"  means  tluM-oast  of  the  Pacili«(>ceaii.souf  h  of  the  Ali'>K;iti  Pen  in- 
snia.oi'  soiith  of  the  sixtieth  i>arallcl  of  north  lafitnde:  or,  to  deliiie 
it  still  more  accurately,  the  coast,  fiom  the  iiorthein  borderof  the  Span- 
ish possessions,  ceded  to  the  I'liited  States  in  ISl!t,  to  the  |)oiiit  wliere 
the  Spanish  claims  met  the  claims  of  Witssia.  viz,  from  \2^  to  (iO  north 
latitude.    The  liussum  authorities  for  a  long  time  assumed  that  iVJ^.'SU' 


i 


u . 


I\ 


"  ■  i—wwm  JT-^ 


2(14 


IJII'I.OMATIC    COUI.'IISI'ONDKXCE. 


i 


A 


was  tlic  exact  |ioiiit  of  latidiMr.  Itiit  snl>s('!|ii<>iit  aWJiislniciits  tixcil  it  at 
«»tr\  The  phrase  ■•  Northwest  Coast," or  •'  Norlliwest  Coast  of  Ameri<-a," 
haslieeii  well  known  anil  widely  reeo<>nlze(l  in  |>o|)ularnsa;;<'  in  lCn;j']an(l 
anti  Aineriea  Ironi  tin- ilateitf  the  tirst  trading;  t«>  that  coast,  about  17S4.' 
So  altsolnte  has  been  tliis  itresciiption  that  the  (listin^ulshed  historiait 
Hubert  Howe  Uanei-ot't  lias  written  an  accurate  history  of  the  Noitlnvest 
Coast,  which,  at  difVeient  tinn's,  duiinj;'  a  period  of  seventy  live  years, 
was  the  scene  ol  inii)oitant  ciuitests  between  at  least  four  }>;reat  powei's. 
To  render  the  understainlin;!-  ex]>licit.  Mr.  IJaiicrott  has  illustrated  the 
N»uthwes(  Coast  by  a  carefully  prepared  map.  The  map  will  be  found  to 
include  precisely  the  area  which  has  been  steadily  Mniiutain<>d  by  this 
(iovcrnment  in  tin-  pendin]i>-  discussion.     ( Foi'  nnip,  see  opposite  pa;ie.)* 

The  phiase  "Northwest  Coast  of  America"  has  not  inlVe(puMitly  been 
used  simply  as  the  symuiym  of  the  ''•Noit Invest  Coast,"  but  it  has  also 
been  used  in  another  sens«'  as  inclndin;;' the  Anu'ricau  coast  ol  the  iJus- 
sian  possessions  as  lar  northward  as  the  straits  of  llelirin,n'.  Confusicui 
has  sometiuH's  arisen  iu  the  use  of  the  phrase  "Northwest  Coast  «»f 
America."  but  the  true  nieaniii;;  can  always  be  determined  by  reference 
to  the  context. 

The  treaty  between  the  I'nited  States  and  K'ussia  was  coiu'1iu1«mI  on 
the  ITtli  of  Ajiril,  I.SL*4,and  that  between  (ireat  Britain  ami  iiussia  was 
ccuicluded  l-'ebrimry  L'S,  lSi»,"i.  The  full  and  accurate  text  of  both  tieaties 
w  ill  be  fouiul  in  iiudosure  A.  The  treaty  between  the  I'nited  States  and 
KMissia  is  lirst  in  the  order  of  time,  but  1  shall  consider  both  treaties 
to;,;«'ther.  I  (piote  the  lirst  article  of  each  treaty,  for.  to  all  intents  ami 
jturposes,  they  are  identical  in  nu'aninji',  thouj-li  ditl'eriny  somewhat  in 
phrase. 

'I'he  lirst  artii'le  in  the  .Vniericau  tn-aty  is  as  Ibllows: 

Amiii.r.  I.  It  is  ajjirffd  tiial,  in  iiiiy  part  <>{'  the  ;;rfjit  oecim,  (■(iiiiiin>iily  cfillrd  tlic 
I'licilic  Ori'iiii  1)1'  South  Sea.  tho  respective  eiti/cns  or  siit),jeets  of  the  hijih  contraet- 
inu' |Mi\vei's  sliall  III-  neither  distnrhed  nor  restrained,  eitiier  u  navi<;ation  oi'  in 
li^iiinu:.  oi'  in  t  he  ]io\ver  of  icsortin^f  to  tiie  eoasts,  npon  points  which  nia.v  not  already' 
iia\e  lieen  occupied,  for  the  (iMiposc  of  trading  with  tin'  natives,  savin<;  always  tho 
restrictions  and  conditions  deterniiiied  l>y  liie  fojiowinj^  artiides. 

The  tirst  article  in  the  British  tretity  is  as  follows: 

AiMiii.i':  I.   It  is  aijrei'd  that  the  respective  snhjeetsof  flu' hiy;)!  eontrai'tiiiji  |>artics 

sinill  not  he  tronl)|rd  or  )nidested.  in   any   ]iarl   of  thi ':in.  coninionly  called  the 

I'acilic  <  )cean.  either  in  na\  i<{:itin;;  the  same.  In  lishin;;  therein,  or  in  landing  at  snch 
parts  of  ihe  coast  as  shall  not  have  lieen  already  ocenpied,  in  order  to  trade  with 
the  natives,  ntnlor  the  restrictions  ami  comlilions  s])ecilied  in  the  following  articles. 

iioni  Salisbury  conteiuls  that — 

Till  lliixsiini  (loririiiiii  III  hiul  no  iihii  of  iiiiji  ilixlinilinii  lulirevn  llilirhifi  Sva  and  the 
I'lirijif  (triiiii.  ivliiili  liillir  III! /I  ciinxiiliii il  lis  niiiliiiiii  sinilliiniril  I'lnm  Hiliriiii/  SIriiilM. 
Nor  tlironi;hoiit  the  whole  of  the  snliscipient  coricspondence  is  then'  an.\  reference 
whatever  on  either  side  to  any  distinctive  name  for  lichrinn's  Sea,  or  any  intimation 
thai  it  iiiiild  he  <'onsidcred  otherwise  than  as  formiiij;'  an  inlenial  part  (d"  the  I'iicilic 
( Iceaii. 

The  (iovernnuMit  of  the  United  States  cordially  ajjrees  with  hcud 
Salisbury's  stiitcineiit  that  thronjilumt  the  whole  correspondence  con- 
iierled  with  the  tbinialioii  of  the  trcati«'s  there  was  no  refeienc*'  wliat- 
e\er  by  eitlu'r  side  to  any  distinctive  nanu'  for  lichriiiji'  Sea.  and  for  the 
very  simple  reason  which  I  have  already  indicated,  that  the  neji'otiation 
had  no  leference  whatever  to  tlic  Mcliriiij;  Sea.  but  was  entirely  conlined 

'  The  sMine  desi)^nation  (ditaincd  in  Mnropc.  As  cirly  as  iSDIt,  in  a  map  pnhlished 
hv  the  (Ico^rapliic  Institnleat  \\  c  Ini.ir.  Ihe  const  froni  ('(dnmhia  h'iv  cr  (  I!)  )to('a]>t* 
Kli/ahrlh  ((iO    )  IS  designated  as  llic  •■  \iinl  H'lxl  liiisli." 

■'for  maj)  see  Mouse   (',\.  Idx     No.  Ill,  I'ifty-lirst  (diiKiess,  second  session,  p.  'J',i. 


i^ 


.MIKISDK TlONAf.    KMillTS    IN    IJKUINCJ    SEA. 


205 


to  ii  "strip  of  liiiid"'  on  tin'  North wrst  I'oast  :iiiil  the  waters  of  the  I*ii 
I'ilic  Occiiii  adjiicciit  tlu'icto.     For  future  r«'fereiH;e  I  eall  special  atten- 
tion to  the  phrase  "strip  of  land/' 

I  venture  to  remind  liord  Salisbury  of  the  fart  that  IJehriny;  Sea  was, 
at  the  time  referred  to.  tlu*  refo;;ni/ed  nam<  ii  some  quartei's,  and  so 
appeared  (Ui  many  authentie  maps  several  yea.s  before  the  treaties  weie 
ne<>'otiated.  Hut,  as  I  mentioned  in  my  note  of  •lune  •<(),  the  same  sea 
had  been  juesented  as  a  body  of  water  separate  from  the  Paeilic  Ocean 
lor  a  lonji  ix'riod  pricu' to  lS!i."».  Many  names  had  been  applied  to  it, 
but  thcjMie  nH)st  fretpu'Utly  used  and  most  wi«h'ly  reeofjni/ed  was  the 
Sea  of  KauK'hatUa.  IOn<>iish  statesmen  of  the  period  when  the  treatfes 
were  ne]L:(»tiated  had  complete  Unowled;;e  of  all  tiie  ^eo<i;raphical  points 
involved.  They  knew  that  on  the  map  ])ublished  in  17<St  to  illustrate 
the  voyages  of  the  most  eminent  l'ji;;lish  navigator  of  th(>  ei;>'liteenth 
century  the  "Sea  of  Kamchatka"  appeared  in  ab.solute  contradistinc 
tion  to  the  "(Ireat  South  Sea"  (U-  the  I'acilic  <)e«'an.  Ami  the  map,  as 
shown  l)y  the  winds  (ui  its  marfjiu,  was  "prepared  by  Lieut.  Henry 
Roberts  under  the  immediate  inspectitui  of  ('ajitain  Cook." 

Tweidy  years  before  ('aptain  ('(Mtk's  ma|)  api>eared,  the  lioudon  Maj;a- 
/iue  contained  a  ma]>  on  which  the  Sea  of  Kanu-hatka  was  eonspi<-u- 
ously  en^iraved.  At  a  still  earlier  date — e\en  as  far  back  as  IT.'IL* — 
(JvoscU'f.  surveyor  of  llu'  Ifust^ian  expedition  of  Shestakol"  in  17;{(>(who, 
even  belbre  llehriuji.  si;ihted  the  land  of  the  Anu'rjcan  (continent),  pub- 
lished the  sea  as  beariiiji:'  the  name  of  Kamchatka.  Muller,  who  was 
historian  and  >:co};'rapher  of  the  second  expedition  of  Heiin^  in  1711, 
desi<>;nated  it  as  th(>  Sea  of  Kamchatka,  in  his  map  ))ublish«'d  in    17(»l. 

1  inclose  a  list  of  a  lar<^'e  propiution  of  the  most  authentic  maps  puli- 
lisiied  duiin;^'  the  ninety  yeais  juior  to  lSl!."»  in  (ii'eat  IJritain.  in  the 
I'nited  States,  the  Netherlands.  P'ranci'.  S])ain,  (icrmauy,  and  Itussia — 
in  all  10,"»  maps — nn  m  ri/  niiv  i>f  irhich  the  body  of  water  now  known  as 
MehrinjiSea  w;'iSi)lainlydistiM,iiuished  by  a  nameseparatefrom  the  Paeilic 
Ocean.  On  the  jiicat  majority  it  is  named  the  Sea  of  Kams«'liatka.  a 
few  use  (he  naniet»f  IW'hrinu.  while  se\eral  other  desi;;iuitious  are  \\svi\. 
Th«'  whole  luimber,  ainjure^iatin;;',  as  they  did,  the  opiniiui  of  a  larjuc 
pat  I  of  the  civilizi'd  w(»rld.  distinjiuished  tlu'  sen.  no  matti'i-  under  what 
HKiwiK',  as  altoyethei' .se|>arate  from  the  I'acilic  Ocean.  (See  inclosnre 
H.) 

Is  it  i««>ssil»li'.  that  with  this  <;reat  cloud  ol  witnesses  befoic  tin'  eyes 
of  Mr.  Adams  and  Mr.  (ieorjic  Canninji,  attestinj;'  the  existence  of  the 
Si-a  of  Kauu'hatka,  they  would  simply  incbule  it  in  tliejdirase  "  l'aei(i<'. 
Ocean"  and  make  no  ;(llusi(»u  wliate\er  to  it  as  a  separate  .sea.  when  it 
was  known  by  almost  every  educated  man  in  i'lurope  and  America  to 
have  l»een  so  desij^nated  numix'rless  times?  Is  it  pttssible  that  Mr.  ( "an 
nin;i  and  Mr.  Adams,  both  educated  in  the  conunon  law,  c(tuld  believe 
that  they  wen' aequirinji' for  the  Tnited  States  and  (Ireat  Hritain  the 
t'uormous  riji'hts  inherent  in  the  Sea  of  Kamchatka  without  the  slij;ht(^st 
I'eferenee  to  that  sea  (U'  w  ithout  any  descripti(Ui  of  its  nu'tes  and  bounds, 
when  neifhei' of  tlieju  would  have  i>aid  for  a  villa^ie  hous«' lot  unless 
the  deed  toi' it  should  recite  eveiy  fact  and  feature  necessary  tor  the 
identitication  of  ihe  lot  a>iainst  any  other  itieee  of  jironinl  on  the  sur- 
face of  the  iilol>e.  When  We  (contemplate  the  minute  particularity,  the 
tedious  verl»ia;Le.  the  duplications  and  the  reduplications  employed  to 
secure  unmi^rakable  plainness  in  framinj;'  treaties,  it  is  impossible  to 
eoiMH'ivt  111*  a  fact  of  this  <>reat  ma^iuitude  conid  ha\e  been  omitted 
frowi  the  :n>tiuc(ions  wiitten  by  Mr.  Adams  and  Mr.  (i.  Canninji.  as 
Keeretariof.  tor  foreign  affairs  in  their  respective  et»un(rie.s — impossible 


,  I 


2(;n 


I  III 'I  .MM. MM"    (OU'K'KSI'ONIHINTI:. 


»:s 


* 


1 

1  ^ 

i 

'1 : . 

1        ) 

r  i      '. 

It 

1 

tli:it  siicli  :i  liicl  coiilil  li:i\'r  ('sc:i|mmI  tlir  iiutirr  ol'  Mr.  Midillctoii  and 
<  '(Mint  N'l'sst'lrodc.  oC  Mr.  StiiitloKl  ( ';Miiiiii;i'  iUid  .Mr.  I'olctica,  wlio  wnr 
Hh'  ncjiotiiitors  ol"  ilic  two  tn-alii's.  It  is  itn|M»sili|c,  tliat  in  llu*  An«;l()- 
K'lissian  tirat.v  Tonnt  Xcssclindc.  Mr.  Stratl'oid  ('anniii;n'.  and  Mr.  I'o- 
It'tica  <M>nld  ini\t'  taken  sixteen  lines  toieeite  the  titles  and  lionois  tliey 
had  lereived  IVuiii  their  respective  soNcreiyns.  ami  not  even  sii;i-;;-e.st  tlie 
inserli(Mi  of  nne  liiu'.  or  even  word,  to  secure  s(»  valuable  a  ^iiant  to 
l')n;4land  as  the  lull  I'reeiloni  ol'  the  liehriii;;'  Sea. 

There  is  anot  her  arjiiunient  olyreat  wei;;lit  aj-ainst  the  assumption  of 
Lord  SidisiaiiN  that  the  piiiase  "I'acilic  Ocean, "as  used  in  the  lirst 
artii-le  of  hoth  the  American  and  Itritish  treaties,  was  intended  to  in- 
clude the  watersol'  the  ilehrinju'  Seji.  It  is  true  that  l»y  the  treaties  with 
the  I'nited  States  an<l  <ireiit  liritaiii,  K'ussiii  prai-liciilJv  witinlrew  the 
operation  of  the  I'kase  of  ISiM  |V»»ni  the  waters  of  liu'  Northwest  Coast 
on  the  I'acilic  ( >ce:in,  hut  the  proof  is  cnnclusive  that  it  was  left  in  full 
foice  ov«'r  the  waters  of  the  i'leiirin.u  Sea.  Lord  Sidislnir.\ can  intt  imve 
ascertaiiu'd  the  \alue  of  the  iiehrin^'  Sea  to  L'ussi:i,  when  he  assunu'd 
that  in  the  Jreatiesof  iSi'l  aiid  ISiT*  the  Imperial  (!o\«'rnment  had,  l»y 
mere  inclusion  in  another  piirase.  with  apparent  caiclessuess,  thr(»wn 
open  all  the  resources  and  all  the  wealth  of  those  waters  to  the  eiti/ens 
of  the  I'nited  States  and  to  the  snitjects  of  (ireat  UritaJM. 

Lord  SalislmiN  lias  perhaps  not  thouulit  it  worth  while  to  make  any 
examination  of  tlu'  luonev  \  aliie  of  .\laska  a-nd  the  waters  of  the  Ueriuj;' 
Sea  at  the  time  the  treaties  were  nej>(»tiate(l  and  in  the  succeedinjn 
years.  The  tirst  periodofthe  Itussian  Anu'rican  ( 'iimpan\*soperati(His 
had  closed  iu'lore  the  I'kase  of  ISJl  was  issued.  Its  alfairs  were  kept 
secret  for  a  lonu  tinn-,  hut  are  now  accurately  known.  The  UKUu-y  ad- 
vanced for  the  capital  stock  of  the  company  at  its  (»penin;n'  in  I7!l!> 
auHiunted  t(»  I. "J.'tS,?  It»  rubles.  The  m'ross  sales  of  furs  and  skins  by  the 
company  at  Kodi;;k  and  ( 'anton  from  that  date  up  to  ISiiO  amounted  to 
l'(>.(H't.(i"!>S  rubles.  The  net  prolit  was  7,<»sr..(KH»  ruides  for  the  twenty- 
one  years — over  (iL'O  ]»er  cent  for  the  whole  peiiiMl.  or  nearly  .lb  per  cent 
per  annum. 

Ifeviewinn  these  facts.  Iiancroft.  in  his  •' History  of  Alas!;a,"  a  staml- 
ard  work  of  exhaustive  research,  says: 

\Vc  liiiil  tliis  iiiiwi'il'iil  //(. KKi/iii/i/ rnnil,\csl;ililislic(l  in  tin'  lavnrol' llic  Iiii|iri'iiil  (iov- 
fi'iiiiic'iit,  iiiMii.N  iiiilili's  III'  Iiii;|i  I'Miik  Mild  M'Vi'l'iil  niriiilM'rs  1)1'  llii-  IiovmI  I'ainily  liciii;^ 
aiiudij;  tlif  sli.iri'linlilcrs. 

.Vnd  yet  Lord  Salisiuiry  eviib'iitly  sui)poses  that  a  laryc  amount  of 
wealth  was  carelessly  thrown  away  by  the  Itoval  family,  the  noldes,  the 
courtiers,  the  capitalists,  and  the  speculators  <»!'  St.  IN'tersbur;^'  in  a 
phrase  which  merj;-e(l  the  Ih-liriui:  Sea  in  the  I'acilir  i  Jcean.  That  it  was 
not  thrown  away  is  shown  i»y  tin'  transactions  of  the  company  tor  the 
next  twenty  years! 

The  second  period  of  the  Kussian  .Viiu'rican  Company  bej>an  in  ISi'l 
and  t'uded  in  ls!l.  Within  that  time  the  ;;ross  revenues  of  the  c<»in- 
]»any  exceeded  (>1.(MK),()0(»  rubles.  I'.esides  payinj;  all  expenses  and  all 
taxes,  the  company  larj^ely  increased  the  original  capital  and  dividecl 
,S,."iO(».(M)l»  rul)les  anntuji'  the  sharelndders.  Tlu'se  dividemls  and  the  in- 
crease of  the  stock  showed  a  prolit  on  tlu' ori,iiinal  capital  of  .V)  percent 
l)er  annum  for  the  whole  twi-nty  years — a  yreat  increas*'  over  the  lirst 
period.  It  must  not  l)e  Ibryolteii  that  duiint:  sixteen  of  these  twenty 
years  of  constantly  increasinj;'  protits,  the  treaties,  which,  accordinj;  to 
Lord  Salisbury,  yave  to  (ireat  Ibitain  ami  the  rniled  States  e<pml 
rights  with  Kiissia  in  the  lielirin>;  Sea,  were  in  full  Ibrce. 

The  iU'ocecdings  which  to(»k  place  when  the  second  period  of  the 


r  ■!, 


jn<lSl)I(TloN.\r-    KKillTSi    IN    IU:i;IXO    sillA. 


2(17 


Itiissiiiii  Aiiiniriiii  < 'oiii|iiiiiy  was  at  an  nid  aic  tliiis  ilcsrrilifil   in  lian- 
(•r«»lt's  ■•  History  of  Alaska:" 

'•  III  llif  viirirlv  Mini  <'\(ilil  111'  ils  0|i('nitiiiiis,"  ilrchirc  llic  liii'inllris  nl'  tlir 
Iiii|ii'i'iMl  Coiiiiiil,  "  iioiitlii'i'  i'(iiM|i,'in,\  <'iin  ciiiiiiiiiir  with  it.  In  aililil  ion  to  .1  riuniiirr- 
ciiil  iiiiil  iiiilii-lria!  iniiinipiily,  lii<>  Ih>\  irniiic'.it  li;is  in\)'>ti'il  it  willi  :i  portinii  nl'  its 
own  |io\M'i'>  in  ;;o\  t'lninu'  I  Id-  \  ii>t  .iimI  ilisiMiit  tcriitory  o\  i-r  w  iiirii  it  now  liolils  ron- 
tl'ol,  A  i'li:illui'  in  lliis>\>li'iii  woillil  now  he  of  iloiilit  I'lll  lii'iirlit.  Tn  d/iiii  imr  iiiirix 
loiill  hinihrs  iniiiiii"!  iiiiiislii  itunilil  In  ii  iluilli  lihuv  lo  llii   I'lir  Imili .  wliilr  tlic  <  ios  crmiiint, 

ll.lVi  IIU   trjillsl'cllcd   to  (lie  ciiliiltiiny   t  lir  rolil  I'ul  of   I  lie  colonics,  coilM  Hot   Mow    li'^lllilc 

itwitlioiii    '^I'lMt   r\|i>'n.T  Mini   t  loiililf,  Mini  wmilil    liavr  to  ii'iatc   nttw    liiiMiiiiMl  ic- 

solll  res  tor  Nlleli  M   |Hir|iosr." 

Tlic  Imperial  < 'oniicil.  it  will  Im- si-ni,  did  not  ln-sifiitc  lorall  the  Itiis- 
siaii  Anici  iran  ('oinpaiiy ''///«//>>/>'>///,  wliirli  it  coidd  not  lia\*-  lin'ii  it' 
liOid  Salislmry's  coiistiiirtioii  ol'  llic  ticalN  wtis  roiirct.  N<»r  did  tlic 
Coiiiicil  Iccl  any  doiil>t  tlial  t(»o|M'ii  tin- pmls  of  tin-  r.cliiin;.i  Sea  ••  to  all 
Imntns  pioinisciioiisly  woidd  !»<•  a  deal  It  blow  to  tlie  I'm'  trade.'' 

Jjaiierolt  says  fnitliei': 

*  *  '  Tliis  Mpiiiioii  of  till'  liniiiri:il  Coiinril.  loLiitliii'  willi  ;i  rliartrr  dcliniiij; 
till' |(ri\ilryfs  anil  (lilt  ics  ol'  till' ioiii|i.iiiy.  wa>  di'liv  I'lnl  to  the  C/ar  anil  iiTiix  nl 
liis  Niunatiirc  on  llic  1 1  tii  of  <  litoln  r,  ISll.  'I'lir  new  rliarti'i'  iliil  imt  ilillrr  in  its 
iii'iin  I'i'atnrrs  I'l'inn  that  of  ISL'I ,  t  Iioiil;Ii  tin'  lioiiiiilary  w  a>,  ol 'roiiisr,  cliaiiui'il  in 
acriinlaiiri'  with  tlii'  l'',n;;li>h  ami  Aiiii'iiraii  irratics.  Noiii' of  thr  i'iiiii|iaiiy's  iii;lits 
wiTi' riirtailril.  anil  tlit' aililil  loiial  piiv  ih'ut's  wcri'  ;;iantiil  of  iiailinu  with  riitain 
giorts  in  China  anil  of  .shipping  tia  iliii'it  fiiiin  Ciiina  to  St.  I'i'ti  rsliiii'>^'. 

The  Itiissia  Aineriean  ( 'oinpany  was  tlinsiliarter.'d  lor  a  third  period 
ot  twenty  N'eai's.  and  at  the  end  ol'  tlie  time  it  was  loiiiid  that  Iheiiioss 
reeeipts  ainoiuited  to  7."i,77<>.(l(tO  nildes.  a  niitior  part  of  it  from  the  tea 
trade,  '{'he  expenses  of  adniiiiisl ration  were  xciy  laiue.  The  shaie- 
holdei's  received  di\idends  to  the  amount  of  KM' Id. Odd  inldes — alioiit 
<.)dd  per  cent  for  the  whole  period,  or  \'>  ))er  1  eiit  per  aiiniim  on  the 
ori;;inal  eapital.  At  the  time  tiie  tiiiid  period  closed,  in  isiii!.  the  K'us- 
siiin  (iovernment  saw  an  opportiiiiil>  to  sell  Alaska,  and  refused  to 
coiitiiiiie  the  chaiter  of  the  company.  A,o('nts  of  t he  I'liited  States 
had  initiated  neontiiit ions  for  the  tr;insfer  of  .\Iaska  as  eail.\  as  iS.V.t. 
The  company  continued,  practically,  however,  to  ex<'rcise  its  monopoly 
until  IStlT.  when  Alaska  was  sold  1»y  U'lissia  to  the  riiited  States.  The 
enormous  protitsof  the  Ikiissian  Anieiican  ('oinpany  in  the  fur  trade 
of  the  liehriijo  Sea  coiil  iiiiied  under  t  he  li'ussian  tla^  for  more  than  fort.\ 
years  after  the  treaties  of  ISl'I  ami  ISlT)  liati  l»eeii  concluded.  And 
yet  liOrd  Salisbury  coiiteiid.v  that  dnriiio' this  loii.ii  period  of  exceptional 
jtrolits  from  the  fur  trade  (Ireat  r>ritain  and  the  United  States  Imd  as 
o'ood  a  riolit  as  L'ussia  to  take  part  in  these  hiohly  lucrative  ventures. 

American  and  l-lnylish  ships  in  j>oo(lly  niimliers  <lurino'  this  whole 
Iteriod  annually  visited  and  traded  on  the  Northwest  Coast  on  the  I'a 
cilic()cean.  And  yet,  of  all  these  xcssels  of  the  I'liitcd  States  and 
(Ireat  Mritain.  not  one  (  vcm'  sou<>'ht  to  distiirli  the  fur  lislieries  of  the 
licriiiji"  Sea  or  alonji'  its  coasts,  either  of  1 1 u'  continent  or  of  the  islands. 
So  far  as  known,  it  isbelicNcd  that  m-ither  Americann.or  ICn.olish  ships 
ever  attempted  to  take  one  fur  .seal  at  the  iMilulof  Islands  or  in  the 
open  waters  of  the  riehrinj''  Sea  diirino  that  ju'iiod.  TIk^  Idd mile  limit 
was  for  the  preservation  of  all  these  fur  animals,  and  tills  limit  was 
observed  for  that  purpose  by  all  the  maritime  nations  that  sent  \essels 
to  the  Mehrino'  waters. 

Can  anyone  believe  it  to  be  possible  that  the  maritime,  aiheiituious, 
.yaiii  lovinji  people  of  the  I'nited  States  and  ofdreat  Uritain  could  have 
ha<l  such  an  insitiiiin'  field  open  to  them  for  forty  years  and  yet  not  one 
shij)  of  eitiier  nation  enter  the  Jichring'  Sea  to  compete  with  the  Una- 


1;     ) 


2r>8 


DIIM-OMATIC    CoKUEsroNDKNCR. 


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siiiii  Aiiu'i'u-iiii  (N>ni|iiiii,v  lor  tlic  inordinate  pioiits  wliicli  liiiil  fio\vc<1  so 
stciiilily  anil  tor  so  Ion;;'  a  period  into  tlii-ir  ticasiiry  tVoni  tin*  I'm- tiadcif 
Tiic  tact  that  the  sliips  of  hotli  nations  it'tVaincil.  dnrin';  that  loii^ 
period,  IVoin  taking;  a  sin^h'  t'ni'  s(>al  inside  the  shores  of  tiiat  sea  is  a 
piesiiniption  of  their  hiel\  of  i-i<;ht  and  their  reeo;;ni/.ed  disability  so 
strong'  that,  iixh'pendently  of  all  other  ar;;ninents,  it  requires  the  most 
anthentie  and  eonvinein<j'  evideiiee  to  relnit  it.  That  IOn}>'lish  ships  did 
not  enter  tlie  liehrin;;  8ea  to  take  jtart  in  the  4'ateliin^  of  seals  is  not 
all  that  ean  he  said.  Her  aiMpiieseenee  in  Russia's  |>o\ver  over  the  seal 
lisheries  was  so  <-oniplete  tliat  during;'  the  forty  years  of  K'nssia's  suprem- 
acy in  tlie  Uehrinjj  Sea  (that  followed  the  treaties  of  ISL'4-'L'r>)  it  is  not 
believed  that  (Jreat  IJritain  evi'ii  made  a  protest,  verbal  or  written, 
aj^ainst  what  iSaneroft  describes  as  the  "Ifnssian  monopoly." 

A  certain  dc;;ie«'  o\'  <-onfusion  and  disor;>ani/ation  in  the  form  of  the 
•;'overnnu>nt  that  had  existed  in  Alaska  was  the  inevitaide  accompani- 
ment of  the  transfei'  of  sovereijjnty  to  the  Tniteil  States.  The  Ameri- 
can title  was  not  nuide  complete  until  the  money,  specified  as  the  price 
in  tlu'  treaty,  had  been  apjtropriatcd  by  ('on;;ress  and  |iaid  to  the  K'us- 
sian  ndnister  by  the  Ivxecntive  Department  of  the  <iovernment  of  the 
Hinted  States,  This  was  etVected  in  the  latter  half  of  the  year  18(18. 
The  ac<|nire«l  soverei^inty  of  Alaska  carried  with  it  by  tri'aty  "all  the 
ri};hts,  franchises,  and  privileges''  wliii-h  had  beloufjed  to  K'ussia.  A 
litth^  more  than  a  year  after  the  aciptisition,  th<>  I'nited  States  trans- 
ferred certain  ri;;hts  to  the  Alaska  Conunercial  Company  over  the  s(>al 
lisheries  of  Mehrinj;'  Sea  for  a  i»erit»d  of  twi-nty  years.  Itnssialnul  ^iivcn 
the  same  ri^ihts  (besid<'S  lifjhts  of  still  larj>«'i'  scope)  to  the  INissian 
American  Company  Ibr  three  periods  of  twenty  years  ea«'li,  without  u 
protest  fioni  tlie  ISritish  (lovernnu'nt,  without  a  single  interference 
i'rom  llritish  ships.  For  these  reasons  this  (iovernment  attain  insists 
that  (ireat  Britain  and  the  ITnite<l  States  reco^ni/.ed,  r(>s|)ected,  and 
oiteyed  the  authority  of  IJussia  in  the  llehrinj;- Sea;  and  did  it  for  more 
than  forty  years  after  the  treatit'S  with  IJnssia  wer«'  nejiotiated.  It  still 
remains  for  Kn}>'land  to  explain  why  she  persistently  viidates  tin'  same 
ri};hts  when  translern'il  to  the  ownership  of  the  Cnited  States. 

The  se(!ond  article  of  the  .\inerican  treaty  is  as  follows: 

Aitiiti.K  II.  Witli  11  vii'W  ol'jircvciitiiiK  tin'  riH;ht8  nfiiiivifrnfidii  jiihI  uC  (isliinjj  cx- 
<M'ri8c<l  ii|ioii  the  <ir(iat  Ocfiiii  liy  tlio  citi/t'iiH  inid  siiliJi-ctN  ol'  llir  lii<;ii  roiitrarl Ihm; 
|ii(\v«'rs  IVdiii  lirroiiiiiiii;  tin-  prclfxt  lor  :iii  illicit  (railc,  it  is  a^i'i't'il  liiiil  tin-  I'ili/ciis 
•  iCilu-  I'liitcd  States  .shall  not  rt'snr)  to  aii.v  point  wlitTt-  tliiTc  is  a  Russian  cstalilisli- 
ni(>nt,  without  tht-  permission  of  tho  <;o\<'riior  or  roinnianilfr;  an<l  that,  reeiprocally, 
t he  snltleets  of  Rnssi'!  Nhall  not  resort,  without  periuission,  to  any  eNtahlishinent  of 
the  l"..ite(l  States  upon  the  Northwest  Coast. 

The  second  artich'  of  the  liritish  treaty  is  us  follows: 

Aiti'ici.i'.  II.  In  onler  to  jirevent  theri;ilit  of  navi;;ation  and  tishin;;,  oxerrised  ujion 
theoeean  hy  the  snJ)ieets  (»f  the  ]\'\<ih  ('ontraetin<;  I'arlies,  from  lieeominjr  the  pre- 
text tor  an  illicit  eonimeree,  it  is  aj^r 1  that  tin- sniijccts  of  His  Mritannic  Majesty 

shall  not  laud  at  any  ))laec  where  there  may  lie  a  ikiissian  estaldishment,  without  the 
)icrmission  of  the  ^overnov  or  eonnuandant ;  and,  on  the  the  other  liand,  the  {{ussiVn 
Huhjcets  shall  not  land,  witliout  permission,  at  any  Mritish  estaldishnuMit  on  tho 
Northwest  Coast. 

In  the  secoinl  articles  of  the  treaties  it  is  recofiiiized  that  both  the 
United  States  ami  (Ireat  iJritain  liave  establishments  on  the  "North- 
w'«'st  Coast,"  and,  as  lu'ither  country  ever  claiine<l  any  territory  north 
of  the  sixtieth  jtararell  of  latitucb',  we  necessarily  have  the  meaninjj'  of 
the  Northwest  Co:ist  .siffuifieantly  tletin«'d  in  exact  accortlam-e  with  the 
Anu'rii-an  contention. 

Au  argument,  altogether  historical  in  its  character,  is  of  great  and,  I 


JUKISfJlCTlONAr,    KKIIITS    IX    MIMMNO    SKA. 


2G0 


tliiiik.  roiirliisivc  t'oret' toiirliiti;;  tills  i|iH'stioii.  It  will  Im>  rriiK'nilx-rrij 
tliiit  tlic  tn'iity  nf  OrtolMT  liO.  ISIH.  bcl  wccii  llu'  liiilt'il  Stiilo  iiiMl 
(ii'i'iit  llritiiiii.  coiniiriscd  a  variety  of  topirs.  jiiiion;;  ntlicrs,  in  iirhtlr  .'>, 
tli<>  liillnwiii^r: 

It  is  a>;r<'i'il,  ilnil  iiiiy  roiiiitrx  lliiit  inn\  lie  ihiiintMl  liv  riilii'i-  party  nn   ilir   NOrtli 
wt'Mt  CiiiiHl  lit'  Aiiu'iirii.  \vi-s(\viiril  lit'  till'  Slmiv   .Miiiiiit:iiiis,  slmll,  luiii'tliiM'  willi  ils 
liarlxii's,  lia\H,  ami  rrorkN,  ami  tin-  naviKatiim  nl'  all  livi'is  wiilijn  tlir  siinir.  Itr  |'ri'i< 

ami  ii|ii-ll.  t'lir  lllr  trrill  nt'  tni  .Vears  trnin  llir  ilair  nt'  tin-  KiKliatliri'  nl'  tlir  jilr^i'lit 
I'linvi'lltiiill,  III  till'  M'S>>i>l>.  rili/i'lis,  ami  snlijiTtM  nl'  Ijir  Iwn  |iii\\i'|'h;  il  lirlll;;  llliili'l- 
nI  III  III  that  tills  a;;rr«mrnl  is  mil  In  lu'  rmist  i  iii'il  In  tlir  inrjiiiliii'  nl'  aii\  riaim  <\  Imli 
t'itlirr  III'  till'  two  1 1  lull  Ciiiiliartiiiu  I'art  ii's  max  liaM-  tn  any  part  ul'  tin-  saiil  cniMit  i',\ . 
mil' shall  it  In*  takrii  In  aD'rrt  till' t'laiiiis  III' any  III  III  r  piixM'i' or  stati' til  aiiv  part  nl 
the  saiil  riMiiitry;  tlir  only  nlijrri  III'  till-  lli>;li  ('niili'arliiiu:  rai'tioH,  in  that  irspi-i  t, 
lu'inj;  III  pri'M-nl  ilispiitcs  ami  ililtrirnri's  aimin}:Ht  liii'inM-lM's. 

Wliih*  this  iii'ticl«>  pliiceil  ii|miii  a  coiiiiiinii  basis  tor  t«'ii  yt'ais  tlic 
ri}>lits  ol'  (ireat  llritaiii  ami  Aiii(*ri<-a  on  tlir  Nortliwi'st  <'oast.  it  iiinilr 
no  adjiistiiicnt  ot'tlic  «'laiiiis  of  K'nssia  on  tlic  iioitli,  or  of  Spain  on  tlir 
soiitli,  wliicli  arc  rrrnrcd  to  in  the  aitit-lr  as  "any  oilier  powi-r  or 
state."  Itiissia  hail  claiiiHMl  liowii  to  latitude  'Vt '  iinder  tlie  iil^ase  ot 
IT'.Mt.  ISpaiii  had  eliiiineil  indelinitely  northward  I'roiii  the  tbrty  seeoiid 
parallel  of  latitude,  lint  all  the  Spanish  elaiins  had  iieeii  transleiied 
to  the  I'liited  States  by  the.  treaty  of  ISJU.  aiitl  Itiissia  had  been  so 
(piiet  until  the  nkase  of  ISl'I  that  no  eontliet  was  feared,  lint  .ifler 
thatukas(>  a  settlement,  either  permanent  or  temporary,  was  iiiiper;i- 
ti\ely  (b-manded. 

The  proposition  made  by  Mr.  .\dains  which  I  now  (|m>te  shows,  1 
think,  iteyond  all  doubt,  thai  the  dis|)iite  was  wholly  toiieliin<;  the 
Ntathwest  Coast  on  the  I'acitie  Hcean.  I  make  the  following  ipiotation 
from  .Mr.  Adams*  instrnetion  to  Mr.  Middletoii,  our  niinisttM'  at  St. 
IN'ti'i'.sbiirj'',  on  the  L'L'd  of  .Inly.  IS'J'.i; 

Hy  till' ti'naty  III' thi' liL'il  of  t'clnuaiy,  isilt,  witli  Spain,  tlio  fniti'il  Slates  aiiinircil 
all  till*  i'i;;lits  III' Spain  iioi'tli  of  latitnilf  11.'  ;  iinil  li.\  tin- thiiil  alt icir  of  tin- I'linvcii- 
tion  lirtwi'cii  the.  I'nitril  Statt's  ami  (lioat  Itiitaiii  of  tin' L'dtli  <>t'<  Irtolirr,  Isjs,  il  was 
a^ri'i'il  tlial  any  riiiintry  that  iiii;rht  lie  rlaimcil  liy  ritlur  partv  mi  thi-  N'm  t  liwrst 
Coast  (if  Ainri'ii'a,  west  wan  I  iit'tlir  Stnny  Minin  tains,  slioiilil.  tii;;i'lliiT  with  its  liarlKiis. 
I  lays,  ami  rrct'ks.  ami  thi'  na\  ii>atiiin  ol  all  ri\  its  within  tin-  sanif.  Iir  Iri'i!  ami  nprii. 
I'lir  till'  tiTiii  ol  It'll  yi-ars  ('rum  that  ilatr.  to  thr  M'ssi-Is,  riti/i-ns,  ami  snii.jccts  of  tin- 
two  powui'.s.  without  prt'imlii'f  to  the  riaiins  nf  ••ithcr  paily  or  of  any  nthi-r  slate. 

)  iiH  an  itiilliiivizfil  Id  iiriiiiiixf  iin  iirliili  nl'  llu-  xtiiiir  iiiipnrl  I'ltr  ii  lirm  of  Icii  iiiiirx  I'nuii 
tlif  Hiiiiialiirr  1)1'  (I  joiiil  iinin  iiliiiii  Itrhrnii   llir    I'liilid  Slnlvn,  llrml  llrildiii,  iiinl  //((im'k. 

Instnu'tious  <»f  the  same  purport  were  sent  by  tlu'  same  mail  to  Mr. 
Itush,  our  minister  at  liomlon,  in  order  that  the  proposition  should  bu 
completely  understood  by  eacli  of  the  three  P()wers,  TluMMintident  pre- 
sumption was  that  tliis  proposition  would,  as  a  temporary  settlement, 
be  acce|>table  to  all  parties.  Hut  before  there  was  time  foi-  full  consid- 
eration of  the  proposition,  either  by  IJiissiaor  t Ireat  Ibitain,  President 
Monroe,  in  December,  1SL':>,  ])roclaiined  his  tamoiis  doctrine  of  e.xcliid- 
in;;'  future  Kuroiiean  <'oloiiies  from  this  continent.  Its  etVect  <ui  all 
Kuropeaii  nations  holdiny' unsettled  or  disputed  <daims  to  territory,  was 
to  create  a  desire  for  prompt  settleim>nt,  so  that  each  Power  could  be 
assured  of  its  own,  without  the  tronlde  or  cost  of  furtlM'r  defeiidinj;  it. 
(Jreat  Uiitaiii  was  already  ciitan^'led  with  the  I'nited  States  on  the 
southern  side  of  her  claims  on  the  Northwest  < 'oast.  That  ajireement 
she  must  adhere  to,  but  she  was  wholly  unwilling'  to  postpone  a  deliiiiti^ 
understanding'  with  Russia  as  to  the  northern  limit  of  her  claims  on  the 
Northwest  Coast.  Hence  a  pcrmant'iit  tiealy  was  desired,  ami  in  both 
treaties  the  "ten-year''  feature  was  recon'iii/ed — in  the  seventh  asticle 
of  the  Ibitish  treaty  and  in  the  fourth  artich'  of  the  American  tr«'aty. 
Uiit  neither  in  the  correspondence  nor  in  the  [icrsonal  conferences  that 


// 


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Inoiiglit  .about  the  aj;i(M'iii('!it,  \viis  t\w\'^<■  a  siiifjle  liint  tliat  the  settle- 
moiit  was  to  inchuh'  anythiiij;'  else  whatever  tliau  the  Xorth west  Coast 
on  the  Paeifie  Ocean,  south  of  tiie  sixtieth  parallel  of  north  latitude. 

Fortunately,  how«'v«r,  it  is  not  necessary  for  the  United  States  to 
rely  on  this  su{ij>estive  detinition  of  the  y  )rthwest  Coast,  or  upon  the 
historical  facts  above  }ii\'en.  It  is  easy  to  prove  from  other  sources 
that  in  the  treaty  between  the  United  States  and  Russia  the  coast  re- 
ferred t(>  was  that  which  I  have  defined  as  the  "  Northwest  Coast"  on 
the  Pacific  Ocean  south  of  00^  north  latitude,  <u%  as  the  Russians  for  a 
long  time  believed  it,  ol>°  .■{()'.  We  have  in  the  Department  of  StHte 
the  originals  of  the  j)rotocols  between  our  minister  at  St.  Petersburg, 
Mr.  Henry  Middleton,  and  Count  Nesselrode,  of  Russia,  whonegotiate«l 
the  treaty  of  18i'4.  I  qroi?,,  as  I  have  quoted  in  my  note  of  June  30,  a 
memorandum  submitted  to  Count  Nesselrode  by  Mr.  Middleton  as  part 
of  the  fourth  protocol : 

Now.  it  is  clear,  accordinji:  to  Hie  facts  establishod,  that  neitlier  Rnssia  nor  any 
other  European  power  has  tlie  ri«jlit  of  dominion  upon  the  contiuent  of  America  lie- 
tween  the  lifdeth  and  sixtietli  de,!j;r(M's  of  north  latitude. 

Still  less  has  she  the  douiinion  of  the  adjatM-nt  maritime  territory,  or  of  the  sea 
which  wiishes  these  coasts,  a  dounnion  which  is  only  accessory  to  the  territory 
dominion. 

Therefore,  she  has  not  the  rif{;ht  of  exclusion  or  of  admission  on  these  coasts,  nor 
in  these  seas,  which  are  free  seas. 

The  rij^ht  of  navifjatinjj;  all  tlie  free  seas  belongs,  l>y  natural  law,  to  every  inde- 
pcuident  nation,  and  even  constitutes  an  essential  part  of  tliis  inde]iendence. 

Th(!  United  .States  have  exercised  uavifiation  in  the  seas,  and  commerce  upon  the 
coasts  above  mentioned,  from  the  time  of  their  iiidepenilence;  and  they  hsive  a  i)er- 
fect  right  to  this  navigation  .and  to  this  commerce,  and  they  can  only  be  deprived  of 
it  by  their  own  act  or  by  a  convention. 

Mr.  Middleton  declares  that  Russia  had  not  the  right  of  dominion 
"  upon  the  continent  of  Amenm  Iwtivcen  the  fiftieth  ttud  sixtieth  ttef/reesof 
north  latitude.''''  Still  less  has  she  the  dominion  of  '•  the  adjacent  mari- 
time territory  or  the  .sea  which  washes  these  coasts.''^  He  furtiier  declares 
that  Russia  had  not  the  '' right  ot  e.xclusion  or  of  admission  on  these 
coasts,  nor  in  these  seas,  which  are  free  st'«,s" — that  is,  the  coasts  and 
seas  between  tiie  fiftieth  and  sixtieth  degrees  of  nortli  hititude  on  the 
body  of  the  continent. 

The  following  renuirk  of  Mr.  Michlletou  deserves  special  attention: 

The  right  of  navigating  all  the  /Vee  «m«  belongs,  by  natural  law,  to  every  iiidis 
pendent  nation,  and  even  constitutes  .'in  essential  part  of  this  independeuce. 

This  earnest  protest  by  Mr.  Middleton,  it  will  be  noted,  was  against 
the  ukase  of  Alexander,  which  proposed  to  extend  Russian  soveicignty 
over  the  I'acitic  Oce.in  as  far  south  as  the  fifty- first  degree  of  latitude, 
at  which  point,  as  Mr.  Adams  reminded  the  Russian  Minister,  that 
ocean  is  4:,0(K>  mih^s  wide.  It  is  also  to  be  specially  noted  that  Mr. 
Middletou's  d<)uble  reference  to  "the  free  seas"  would  have  no  mean- 
ing whatever  if  he  did  not  recognize  that  freedom  on  <'ertain  seas  ha<l 
been  restricted.  He  could  not  have  used  the  phrase  if  he  hadreganled 
all  seas  in  that  region  as  "  free  seas." 

In  answ(!r  to  my  former  refereiu'e  to  these  facts  (in  my  note  (»f  .Inne 
30),  Lord  Salisbury  makes  this  plea: 

Mr.  IMaine  states  that  when  Mr.  Middleton  deelan'd  that  h'ussia  had  no  right  of 
exclusion  on  the  coasts  of  Aiueriea  iM'tweenthe  (Iftieth  and  sixtieth  degrees  of  north 
latitude,  nor  in  the  seas  wliieii  washed  tliose  coasts,  he  intended  to  make  a  distinc- 
tion lietween  Hehring's  Seii  and  the  Pacidc  Ocean.  Hut  (Ui  reference  to  a  map  it  will 
be  seen  that  the  sixtieth  degree  of  north  latitude  strikes  straight  aci'oss  Mehriiig's 
Sea,  leaving  Ity  far  the  larger  and  more  important  |iart  of  it  t  the  soulli;  so  that 
I  confess  it  apjiears  to  me  that  liy  no  conceivalde  construction  of  his  words  r-.n  Mr, 
MidiUeton  be  supposed  to  have  excepted  that  sea  from  those  which  he  declared  to 
be  free. 


>'  i     I 


'■A 


JURISDICTIONAL    RIGHTS    IN    HKKING    SEA. 


271 


If  His  Lordship  had  examiiH'd  his  map  somewhat  more  (!h)sel.v,  he 
Avoidd  liave  found  my  statemeut  literally  correct.  When  Mr.  Middle- 
ton  referred  to  "the  c(mtinent  of  America  between  the  ttftietli  and  six- 
tieth decrees  of  north  latitude,"  it  was  impossible  that  he  could  liave 
referretl  to  the  coast  of  llehring  Sea,  for  the  very  simple  reason  that 
tlie  liftieth  dej>ree  of  latitude  is  altojicther  scmtli  of  tiit^  IJerin};- Sea. 
The  fact  that  the  sixtieth  parallel  ''strikes  straij^ht  across  the  Herins 
Sea''  has  no  more  ])ertinence  to  this  discussion  timn  if  His  Lordship 
had  remarked  that  the  same  parallel  passes  throufih  the  Sea  of  Okliotsk, 
Avliich  lies  to  the  west  of  IJehrinj?  Sea,  Just  as  the  arm  of  the  X<»rth 
TaciHc  lies  to  the  eastof  it.  .Mr.  >Iiddleton  was  denyinj>'  Russia's  domin- 
ion upon  a  continuous  liiu»  of  coast  ui>on  the  continent  between  two 
spccilied  points  an<l  over  the  waters  washinji'  that  coast.  There  is 
such  a  (!ontinu(ms  line  of  coast  between  the  Hftieth  and  sixtieth  deji'rees 
on  the  TaciHc  Ocean:  but  there  is  no  such  lim^  of  coast  on  the  Berinj>' 
Seas,  even  if  you  measure  from  the  southernmost  island  of  the  Aleutian 
chain.  In  a  word,  the  argument  of  Lord  Salisbury  on  this  point  is 
based  upon  a  geographical  impossibility.  (See  illustrative  map  on 
opposite  i)age.) ' 

But,  if  there  could  be  any  doubt  left  as  to  what  coast  and  to  what 
waters  .Mr.  Middlcton  referred,  au  analysis  of  the  last  paragraj)!!  of  the 
fcmith  protoc(d  will  dispel  that  doubt.  When  Mr.  Middlcton  declared 
that  '''flic  I'nitcd  Sfatcs  have  exercised  nav'ujntion  in  the  seas,  inul  com- 
merce upon  the  coasts,  above  mentioned,  from  the  time  of  th,ir  independ- 
ence,^'' he  makes  the  same  declaration  that  had  bc«'n  jneviimsly  made 
by  Mr.  Adaius.  That  declaration  could  only  refer  to  the  N«»rthwest 
Coast  as  I  have  described  it,  or,  as  Mr.  Miihlleton  i)hrascs  it,  "  the  con- 
tinent of  America  between  the  fiftieth  and  sixtieth  degrees  of  north 
latitude." 

Even  His  Lordship  would  not  dis])ute  the  fact  that  it  was  upon  this 
coast  and  in  the  waters  washing  it  that  the  Tnited  States  and  (Ireat 
JJritain  luul  exercised  free  navigation  and  commerce  continuously  since 
178J:.  By  no  possibility  couhl  that  navigation  and  commerce  have  been 
in  the  Behring  Sea.  Mr.  3Iiddlet<ui,  a  close  student  of  history,  and  ex- 
perienced in  diplomacy,  couhl  not  have  declared  that  the  United  States 
had  "exercised  navigation"  in  the  liehring  Sea,  and  "commerce  upon 
its  coasts," /row  the  time  of  their  independence.  As  a  matter  of  history, 
there  was  no  trade  and  no  navigation  (excei)t  the  navigation  of  explor- 
ers) by  the  United  States  and  (Ireat  Britain  in  the  Behring  Sea  in  1784, 
or  even  at  the  time  these  treaties  were  negotiated. 

Captain  Cook's  voyage  of  exploration  and  discovery  through  the 
waters  of  that  sea  was  completed  at  the  close  of  the  year  1778,  and  his 
"Voyage  to  the  Pacific  Ocean"  was  not  published  in  Lomlon  until  five 
years  after  his  death,  which  occurred  at  the  Saiulwich  Islands  on  the 
14th  of  February,  1779.  The  I'ribilof  Islands  were  first  discovered, 
one  in  1786  and  the  other  in  1787.  Seals  were  taken  there  for  a  few 
years  afterwards  by  the  Lebedef  Company,  of  liussia,  subse<iuently 
consolidated  into  the  Russian  American  Company;  but  the  taking  of 
seals  on  those  islands  was  then  discontinued  by  the  liussians  until  1803, 
when  it  was  resumed  by  the  Russian  American  Coini)any. 

At  the  time  these  treaties  were  negotiated  there  wa.s  only  one  settle- 
only  trading  vessels  which  had  entered  that  sea  were  the  vessels  of  the 
ment,  and  that  of  Russians,  on  the  shores  of  the  Behring  Sea,  and  the 
Russian  Fur  Company.     Exploring  expeditions  had,  of  (tourse,  entered. 

'  For  map  see  House  Ex.  Doc.  No,  Hi,  Fil'ty-tirst  Congiess,  second  session,  p.  31. 


I 


i    ( 


272 


DIPr.OxArATIC   CORK KSPONDENCE. 


It  is  evident,  tlu'ti't'ore,  without  further  statement,  that  iK'itlier  the 
vessels  of  the  United  States  nor  of  (Jreat  Britain  nor  of  any  other 
T)ower  than  Kussia  had  traded  on  tlie  shores  of  Hehrin^'  Sea  prior  to 
the  negotiations  of  these  treaties,  i^o  more  eonvincing  proof  eonhl  be 
adduced  tiiat  these  treaties  had  reference  s(dely  to  tlie  waters  and 
<'oasts  of  the  continent  south  oi  the  Ala':^kiui  peninsula — simply  the 
"I'acitic  Ocean"  and  the  "  Ncu-thwest  Coast"  named  in  the  treaties. 


I  'A 


V     i, 


■'»; 


The  third  .article  of  the  IJritisli  treaty,  as  printed  in  the  British  State 
papers,  is  as  follows: 

The  line  of  (Iriiuirciition  Ix-twci'ii  tlir  posscssitiiia  of  tlie  liijfh  ('ontractiii;^  ]iai'tit's 
unoii  tlio  c'ojisf  of  tlie  coiitiiit'iit.  atid  the  islaiKlis  of  Aiiu'rica  to  llic  nortliwcst,  shall 
Ix-  drawu  in  the  niamuT  followiuj;: 

('oiiiineiuiujj  from  the  sonthtiinnost  ])oint  of  the  island  callfd  I'rincc  <d'  Wales 
Island,  which  )ioint  lies  in  tlu-  ])aralltl  of  51-  10'  north  latitnde.  and  lietween  the 
one  linndred  and  thirty-lirst  and  the  one  hundred  ami  tliirty-thir<l  decree  of  west 
loiij:;itnde  (meridian  of  (irvenwich).  the  said  line  shall  aseend  to  the  north  aloii}>' 
the  ehannel  enlled  Portland  Channel,  as  far  as  the  jtoint  of  the  continent  wliere  it 
strikes  the  lift.v-sixtli  dejiree  of  north  latitude;  from  thin  last-nu>ntioned  jjoiiit  the 
line  of  demarcation  shall  follow  the  summit  of  the  mountains  situated  parallel  to 
the  coast,  as  far  as  the  point  of  intersection  of  the  one  hundretl  and  forty-lirst  d(^;;reo 
of  west  longitude  (of  the  same  meridian);  and,  tinsilly.  from  the  said  ]ioint  of  inter- 
section the  said  meridian  line  of  the  one  hundred  and  forty-lirst  dejii'ee.  in  its  pro- 
lon<(ation  as  far  as  the  Fro/eu  Ocean,  shall  form  the  limit  between  the  Kussian  and 
the  Hritish  possessions  on  the  <'ontinent  of  America  to  the  northwest. 

It  will  be  observed  that  this  article  exjjlicitly  <lelimits  the  boundary 
between  British  America  and  the  Bnssian  i)ossessions.  This  delimita- 
tion is  in  minute  detail  from  "4°  4(1' to  the  northern  tenninus  of  tiie 
coast  known  as  the  Northwest  Coast.  When  the  boundary  line  reaches 
that  point  (o]>posite  (iO°  iKuth  latitude)  where  it  intersects  the  one  hun- 
dred ami  forty-tirst  degree  of  west  htngitude,  all  i)articularity  of  <le- 
scription  ceases.  I^'rom  that  jiointit  ispi'ojected  directly  ucnthward  for 
0(10  or  700  miles  witiiout  any  reference  to  coast  line,  witlumt  any  refer- 
ence to  points  of  discovery  or  occu]»ation  (for  there  were  none  in  that 
interior  country),  but  sinijdy  on  a  longitudinal  line  as  far  north  as  the 
Frozen  or  Arctic  Ocean. 

What  nunc  striking  interpretation  of  the  treaty  could  there  be  than 
this  Ixmudary  line  itself  ?  It  could  not  be  clearer  if  the  British  nego- 
tiators had  been  recorded  as  saying  to  the  Bussian  negotiators: 

"  Here  is  the  N<u'thwest  Coast  to  which  we  have  disputed  y<uir  claims — 
from  the  iifty-first  to  the  sixtieth  degree  of  north  latitude.  We  will 
not,  in  any  event,  adjnit  your  right  south  of  54°  40'.  Fnun  54°  40'  to 
the  point  of  Junotion  with  the  one  hundred  and  foity-tirst  degree  of 
west  longitude  we  will  agree  to  yoiu-  possession  of  the  coast.  That  will 
cover  the  dispute  between  us.  As  to  the  body  of  the  continent  above 
the  point  of  intersection  at  the  one  hundred  aiul  tortyfrst  degree  of 
longitude,  we  know  nothing,  n<u'  do  you.  It  is  a  vast  unexplored  wil- 
derness. We  have  no  settlements  there,  and  y<m  have  none.  We 
have,  therefore,  no  conHicting  interests  with  your  (Jovernment.  The 
simplest  division  of  that  territory  is  to  accept  the  prolongation  of  the 
one  hundred  and  forty  tirst  degree  of  longitude  to  the  Arctic*  Ocean  as 
the  boundary.  East  of  it  the  territory  shall  be  British.  West  of  it 
the  tt'rritory  shall  ho  Kussian." 

And  it  was  so  finally  settled. 

Article  4  of  the  Anglo- Russian  treaty  is  as  follows: 

•    With  reference  to  the  lin(!  of  demarcation  laid  down  in  the  precedinR  article  it  is 
lindei'stood : 
First.  That  the  island  called  Prince  of  Wales  Island  shall  belony  wholly  to  Kussia. 


JUWISltlCTIONAL    UKiMTS    IN    BEKINC    SKA.  273 

StM'oiiil.  Tliiil  wlii'i'i-viM' till' siiiiiniit  of  t  lie  iiiimiituiiis  wliit'li  ttxti'iid  in  :i  (lirrclioii 
]  una  I  Id  tn  tlir  roast.  IVoiii  tlic  tilt  y-six  til  (lc;;ifi!  of  iioitli  latiliidc.  lo  (lie  |ioiiit  of  iii- 
tci'scctioii  of  tlir  one  liiiiKlrcd  and  fortv-lirst  dcni't'o  of  wi^st  longitude,  shall  |iro\»'  to 
Ileal  tiKMlistaiict;  of  iiiort' than  10  marine  lfaj;ii<'f*  fi'om  the  otcaii,  tlic  limit  iictwe  n 
the  Itritisli  [(ossi'ssions  and  the  line  of  coast  wliirli  is  to  liclonn'  to  Jfiissia,  as  aliovr 
int'iitioiu'd.  shall  lie  fofmed  liy  "'a  line  jiarallid  to  tlic  windinj-s  of  the  coast,  and 
\yliicli  shall  n«;vcr  exceed  the  distaui't-  of  1(1  murine  li'aj;iies  tlieiefi'om." 

The  evident  (lesion  of  tiiis  iivticle  was  to  make  certain  iind  definite 
tlie  boundary  line  alonji'  the  line  ()f<'oast,  shouhl  tluMe  be  any  (hmbt  as 
lo  that  line  as  laid  <lo\vn  in  article  li.  It  provided  that  the  boundary 
line,  following  the  windinos  of  the  coast,  shoidd  never  be  more  than 
10  marine  leagues  tiieret'rom. 

The  ttftU  article  of  the  treaty  between  (Ireat  Britain  and  Itussia  reads 
thus: 

It  is  moreover  a';reed.  that  no  estalilisliiiient  shall  he  foniied  liy  either  of  the  two 
]iaitics  within  the  limits  assi;;iied  hy  the,  two  |ireccdin;;'  articltrs  to  the  possessions 
of  theother.  (,'onse<|iiently,  l!ril  ish  siihjects  shall  not  fofm  any  estalilishment  eithef 
upon  the  coast,  oi'  njioii  the  hoi'der  of  the  continent,  conijirised  within  the  limits  of 
the  Russian  |iosHessions.  as  designated  in  the  two  preceding' ai'ticles;  and,  in  like 
manner,  no  establishmi   it  shall  lie  foniied  liy  Itiissian  snlijects  lieyond  the  said  limits. 

The  plain  niea;iing  of  this  article  is  that  neither  party  shall  make  s«'t- 
tlements  within  the  limits  assigned  by  the  third  and  fourth  articles  to 
the  i»oss('ssion  of  the  other.  ('onse(iuently.  the  third  and  fourth  arti- 
cles are  of  siiprenu'  importance  as  making  the  actual  delimitations  be- 
tween the  two  countries  and  forbidding  each  to  form  any  establislnnents 
within  the  limits  of  the  other. 

The  sixth  article  of  liussia's  treaty  with  (xreat  Britain  is  as  follows: 

It  is  umlerstood  that  the  snlijects  of  I  lis  ISrit'iniiii  Majesty,  from  whatever  (|iia!ter 
they  may  arrive,  whether  from  the  ocean  or  from  the  interior  <if  the  continent,  shall 
(orever  enjoy  the  rii-ht  of  navij;atinn-  freely,  and  withont  any  hindrance  whatever,  all 
the  rivers  and  streams  which,  in  their  course  toward  the  I'acitic  Ocean,  may  cross 
the  line  of  demarcation  n|i{in  the  line  of  coast  descrilied  in  article  H  of  the  ]>resent 
(■oiivention. 

The  nieaiung  of  this  artictle  is  not  obscure.  The  subjects  of  Great 
lU'itain,  whether  arriving  from  the  interior  of  the  continent  or  from  the 
ocean,  shall  enjoy  the  right  of  navigating  freely  all  the  rivers  and 
streams  which,  in  their  course  to  the  Tacific  Ocean,  iimif  cross  the  linr, 
of  flcHtitrcaiion  upon  the  tin'  of  coast  desvillxtl  in  (dticlc  -J,  As  is 
l)lainly  apparent,  the  coast  referred  to  in  article  .>  is  the  coast  scmth  et 
the  point  of  junction  already  described.  Nothing  is  clearer  than  the 
reason  for  this  provision.  A  sfri/t  of  hiiid,  nt  no  point  wider  than  10 
nnirine  leagues,  running  along  the  Pacilic  Occiii  from  04°  40' to  00° 
(3l'(^  miles  by  geograi>ldcal  line,  by  tiie  windings  oi'  the  coast  three 
times  that  distatu'e)  was  assigned  to  Russia  by  tlie  third  article.  IJi- 
rectly  to  the  east  of  this  stiip  of  land,  or,  as  might  be  said,  behind  it, 
lay  the  British  po.ssessions.  To  .shut  out  the  inhabitants  of  the  British 
l)Ossessions  from  the  sea  by  this  strip  of  lauti  would  have  been  lu^tonly 
unreasonable,  but  intolerable,  to  (ireat  Britain.  Bnssia  promptly  con- 
ceded the  privilege,  and  gave  to  (Ireat  Britain  the  right  of  navigating 
all  rivers  crossing  that  strip  of  land  from  .■)4-  40'  to  the  i>oint  of  inter- 
section with  the  one  hundred  and  forty  Urstdegiee  of  longitude.  With- 
out this  cotutession  the  treaty  conhl  not  have  been  made.  I  '  »  not 
uiulerstand  that  Lend  Salisbury  dis.sents  from  tliis  obvious  construc- 
tion of  the  sixth  article,  lor,  in  his  dispatch,  he  says  that  the  article 
has  a  "restricted  bearing,''  and  refers  only  to  ''the  Hue  of  const  (lescril)e(i 
in  article  -T'  (the  italics  ar(^  his  own) — and  the  only  line  of  coast  de- 
scribed in  article  3  is  the  coast  from  54-'  40'  to  00°.    There  is  no  descrip- 

86 


I  ;i 


II 


I       r 

1  I 


i  I 


•r    , 


274 


DIl'l.OMATir    COIJRKSIM  )NI  »KN('K. 


a\ 


i 


'    t' 


U       fi 


tioiiol't.InM'OiisI  al»(»v»' tliiil  pnint  strctcliiiiy' along  tlu^  lU'liciiij;  Sea  IVoin 
latitifdc  (l(P  to  the  straits  ol'  tlic  IJoiiiij;. 

The  si'veiith  article  of  tlie  Aii}«loKiissiaii  treaty,  whose  provisions 
have  led  to  the  luineinal  eoiitcMtion  between  the  United  States  and 
Great  Uritain,  is  us  lblh>ws: 

II;  is  also  niidt'istond,  tliat  for  the  s]i:icc  of  ten  yi-ais  IVdiii  tlic  sifjiiatiiic  ol'  (lie 
])rc8«!iit  convention  the  vessels  of  the  two  powers,  or  thosi'  heh>n;^inK' to  tlieii  re- 
8|»eetive  sulijeets,  sliall  niiituallv  lie  at.  liberty  to  IVei|nenl.  without  an\  hindranee 
whatever,  all  the  inland  seas,  the  f^iiU's,  havens,  and  erecKs  on  the  eoast  mentioned 
in  artii'le  l-f,  tor  the  pnriioses  of  lisliin;>-  and  of  tvadinu'  with  the  natives. 

In  tliejiidyinent  of  the  President  the  nieanin<>'  of  this  article  is  alto- 
gether plain  and  clear.  It  provides  that  for  the  space  often  yetirs  tin* 
vessels  of  the  two  powers  slioidd  nnifiinlli/  l»e  at  liberty  to  tretinent  all 
the  iidand  seas,  etc.,  "o«  the  codHf  mentioned  iinirtivlr  'l^Jor  the  ptnpose 
(tffishiiijj  aiul  traiUnff  with  the  natirvs.''''  Kollowiiig;  out  the  line  of  my 
arjjument  and  the  hiiiKiiit;;'*'  <>f  the  aiticle,  1  have  alretidy  naintained 
that  this  jn-ivilege  coidd  only  refer  to  the  <'oiist  from  54°  ^^)'  t<>  the  point 
of  intersection  with  the  one  hundred  sind  forty-first  dcjiree  of  west 
1  MVJ;itu<le,  that,  therefore,  l^>ritish  subjects  were  not  granted  the  right 
of  fretpieiiting  the  l»ering  Sea. 

Denying  this  construction,  Lord  Salisbury  says: 

I  must  further  dissent  from  Mr.  Hlaine/s  inter))retation  of  article  7  of  the  latter 
treaty  (Hritish).  That  article  jiives  to  the  vessels  of  the  two  powers  "lilierly  to 
freiinent  all  the  inland  seiis,  ^iiilfs,  havens,  and  creeks  on  the  coast  mentioned  in 
article  3,  for  the,  jnirpose  of  tisliin.n-  and  of  trading'-  with  the  natives."  Tiie  expression 
"coast  uu^ntioned  in  article  3"  can  only  ret'er  to  the  lirsl  words  of  the  article,  '■  the 
line  of  demarcation  hetweeii  the  possessions  of  the  hi<{h  contract inj;'  ]iarties  npoki 
the  coast  of  the  continent  and  the  isl'inds  of  America  to  the  northwest  shall  Im 
drawn,"  etc.;  that  is  to  say,  it  included  all  the  ]»ossessious  of  the  two  ]tow(^rs  on  the. 
Northwest  ("oast  of  America.  For  there  would  haxc  been  no  sense  whatever  in  stip- 
nlatinj{  that  h'nssian  vessels  should  have  freedom  (tf  access  to  the  small  ])oi'tiou  of 
coast  which,  by  a  later  jtart  of  the  article,  is  to  belonj.;  to  l^ussia.  And,  as  bearinj; 
on  tliis  point,  it  will  be  noticed  that  arti<'le  (5,  which  has  a  n\ore  restricted  bearing, 
speaks  only  of  '•  the  subjects  of  his  Mritannic  Majesty  "  and  of  "  the  Hue  <*/  coaul  ilc- 
ticrihed"  in  article  3, 

It  is  curious  to  note  the  embarrassing  intricacies  of  Ilis  Lordship's 
language  and  the  erroneous  assumption  upon  wliich  his  argument  is 
based.  He  admits  that  the  privileges  granted  in  the  sixth  article  to 
the  subjects  of  Great  llritain  aic  limited  to  '*  the  coiist  described  in  arti- 
cle ."i  of  the  treaty."  Hut  when  he  retiches  the  seventh  article,  where 
the  privileges  granted  are  limited  to  "the  coast  mentioned  in  article  ."> 
of  the  treaty,"  Mis  Lordship  maintiiins  tlmt  the  two  relerences  do  not 
mean  the  same  coiist  at  all.  The  eoast  tleNerihid  in  tirticle  ."J  and  the  enasf 
mentioned  in  article  3  are  therefore,  in  Ilis  Lordship'sjtidgment,  entirely 
dirterent.  The  ''coast  drserihed  iu  article  .">"  is  limited,  he  iulmits,  by 
the  intersection  of  the  bountlary  line  with  the  oiu^  hundred  and  forty- 
first  degree  of  longitude,  but  the  "  coast  mentioned  in  article  3  "  stretches 
to  the  straits  of  Behring." 

The  third  article  is,  indeetL  a  very  plttin  one,  tind  its  meaning  can  not 
be  obscured.  Observe  tlnit  the  "line  of  demarciition"  is  between  the 
possessions  of  both  ptirties  on  the  coast  of  the  continent.  Great  Brittiin 
had  no  possessions  on  the  coast  line  above  the  i)oint  of  Junction  with 
the  one  Imntlred  and  forty-first  degree,  nor  had  she  any  settlements 
above  60°  north  latitude.  S(mth  of  <l()°  north  latitude  was  the  only 
place  where  Gretit  Britain  had  possessions  on  the  coast  line.  North  of 
that  point  her  territory  had  no  connection  whatever  with  the  coast  either 
of  the  racific  Ocean  or  the  Behring  Sett.  It  is  thus  evitlent  that  the  only 
coast  referred  to  in  article  3  was  this  strij)  of  land  south  of  00°  or  59°  30'. 


.rURISDIf'TIONAT.    RIGHTS    IN    RKRING    HEX. 


275 


(5r> 


Tli«  preiiinhle  closes  l»y  sayiiiji'  llisit  the  line  of  deinarcation  between 
tlie  possessions  on  tlie  eoast  "shall  he  drawn  in  tiie  niannei-  followinj;'," 
viz:  l"'roni  Prince  of  Wales  Island,  in  54°  40',  along  Portland  (Channel 
and  the  snnnnit  of  the  nionntains  jyarallel  to  the  eoast  «.v7Vf>'  as  their  in- 
tcrNtrfion  iritli  the  our  hiDulrnl  (iiitl  foftif-fivst  (htircc  o/Ioitifitiitfc  After 
havinj>'  ilcscribvil  this  line  of  deiinircation  between  the  possessions  of 
both  ])arties  on  the  coast,  tiie  rt'niaiin'nf;'  sentence  of  tiie  article  shows 
that,  'finally, from  the  said  i>oint  (tf  inteisect ion,  the  said  meridian  line 
*  *  *  shall  form  ihv  limit  lietween  the  Rnssian  and  IJritish  posses- 
sions»//  tlirroiitiiirut  of  A  iiiirini.'"  Sonth  of  the  point  of  intersection  the 
artich'  descrilies  a  line  of  ilrtnorrtitioii  between  possessions  on  tliv  coast; 
north  of  that  point  of  intersection  the  article  designates  a  meridian 
line  as  flir  limit  between  possessions  oti  the  continent.  Tlie  argument  of 
Tiord  Salisbniy  api)ears  to  tin's  (lovernment  not  only  to  contradict  the 
obvions  nn'aning  of  the  seventh  and  third  articles,  bnt  to  <lestroy  their 
logical  connection  with  the  other  articles.  In  fact.  Lord  Salisbury's  at- 
tempt to  mal<(^  tn-o  <'oasts  (tut  of  the  one  coast  refeired  to  in  the  third 
article  is  not  cndy  «tut  of  harmony,  with  the  plain  provisions  of  the 
Anglo-Knssian  tieaty,  bnt  is  inconsistent  with  the  preceding  jtart  of 
his  own  argument. 

These  live  articles  in  the  Ibitish  treaty  (the  third,  fourth,  fifth, sixth, 
and  seventh)  are  (^xpress«'d  with  an  exactness  of  meaning  which  no 
argument  t-an  change  or  pervert.  In  a  later  part  (»f  my  not<'  I  shall  be 
able,  I  think,  to  explain  why  the  IJussian  (Joverinnent  «'laborat<'d  the 
treaty  with  (Ireat  Ibitain  with  greater  precision  and  at  greater  length 
than  was  «Mnployed  in  framing  the  treaty  with  the  irnit<'d  States.  It 
vill  be  remeinbere<l  that  between  the  two  treaties  there  was  an  interval 
of  more  than  ten  m<mths — the  treaty  with  the  LTnited  States  being  ne- 
gotiated in  April,  1.S24,  an<l  that  with  Great  lUitain  in  February,  ISiif). 
J)nring  that  interval  something  occurred  which  made  Russia  more 
careful  ami  more  exacting  in  her  nt!gotiations  with  (Ireat  lUitain  than 
she  had  beiMi  with  the  United  States.     What  was  it? 

It  is  only  necessary  to  (inote  the  third  ami  Ibnrth  aitich's  of  the 
American  treaty  to  prove  that  less  attention  was  given  to  their  (uin- 
sideration  than  was  given  to  tin;  formation  of  the  IJritish  treaty  with 
Russia.    The  two  articles  in  the  American  treaty  are  as  tbilows: 

Akt.  III.  It  is  iiiorcovor  iiKi'ccd  that  litTcafter  tlicro  sliall  iKit  lie  r<ii'in<-<l  by  the 
citizeiiH  of  the  l'nit(;<l  States,  or  nnder  the  autlmrity  <il'  the  said  States,  any  cstah- 
li.sIiiiK'iit  ii])()ii  tlio  Xort Invest  Coast  d"  America,  nor  in  any  of  tlie  islands  adjacent, 
to  the  north  of  51-  10'  of  north  latitude;  ami  that  in  the  same  manner  them  shall  he 
none  formed  l)y  Hiissian  subjects,  or  under  tiu!  anthoiity  of  Kussia,  south  of  tlie 
sani<;  imrallel. 

Akt.  I\'.  It  is,  nevertheless,  understood  ,liat  during'  a  term  of  ten  years,  counting 
from  the  sijiiiatnre  of  the  |iresent  convention,  the  ships  of  lioth  jiowers,  or  which 
lieloujf  to  their  citi/ens  or  sult.jects  res])ectiveiy,  may  leciprocally  fie(|neiit,  without 
any  hindiMiiee  whatever,  tlie  interior  seas,  <;nlfs,  harho-s,  and  creeks  upon  the  eoast 
mentioned  in  the  iireeedini;  article,  for  the  i>ui')>o8e  of  fishing-  and  IradiiijL;'  with  the 
natives  of  the  country. 

It  will  be  noted  that  in  the  IJritish  treaty  four  articles,  with  critical 
ex]U'ession  of  terms,  take  the  jdaee  of  the  third  and  fourth  articles  of 
the  American  treaty,  which  were  evidently  dratted  with  an  absence  of 
tin'  caution  on  the  ]>art  of  Russiti  whi<'h  marked  the  work  of  the  Rus- 
sian plenii)Otentiaries  in  the  IJritish  negotiation. 

Kroiii  some  cause,  not  fully  explained,  great  uneasiness  was  felt  in 
certain  Russian  circles,  and  especially  among  the  mendters  of  the  Kus- 
sian-Anu'rican  Company,  when  the  treaty  between  Russia  and  the 
United  States  was  made  public.    The  facts  leading  to  the  uneasiness 


I     f 


i  i' 


1.' 


I    1 
( 


270 


DIPr.OMATIC    ('om{i;si'<>NI>Hi\('K. 


l:\ 


ik^ 


'MS 


I     i 


wore  not  accuiatcly  kiidwii,  iiiul  fioiii  tlint  caiisi'  tlioy  were  exajj^^icratod. 
The  llussiaiis  who  were  t(»  he  atVccted  bv  tlu'  treaty  were  in  doubt  as 
to  tlie  possible  extent  inijilied  by  tbc  i.lirase  ••  Nortliwcst  (Joast  of  Amer- 
ica.'' asr  et'erred  to  in  the  third  and  fourth  artieh'S.  The  phrase,  as  1 
have  befoi  said,  was  used  in  two  senses,  and  they  feaie<l  it  niifththave 
such  a  eons'  nrtion  as  would  carry  the  American  privilefje  to  the  straits 
of  iW'hriny.  They  feared,  moreover,  that  the  uncertainty  of  the  coast 
referred  to  in  article  li  niigiit.  by  constiuction  adverse  to  Russia,  in- 
clude the  Berin;;'  Sea  amoiiy  tlie  seas  and  }iulfs  mentioned  in  article 
4.  If  that  construction  should  i)revail,  not  only  the  American  coast, 
but  tluM'oast  of  Siberia  and  the  Aleutian  coasts  mijiht  also  be  thrown 
ojteu  to  the  inj;ress  of  American  lishermen.  So  great  andj>enuine  was 
their  fright  that  they  were  able  to  indnce  the  Kussian  (rovenunent  to 
demand  a  fresh  discussion  of  the  treaty  before  they  would  consent  to 
exchange  ratilicatious. 

It  is  easy,  therefore,  to  discern  the  facts  which  caused  the  difference 
in  precision  between  the  Americ.m  and  British  treaties  with  Kussia, 
and  which  at  the  same  time  give  conclusive  force  to  the  argument  stead- 
ily maintained  by  the  (loverunient  of  the  United  States.  These  facts 
have  thus  far  only  been  hinted  at,  and  I  have  the  right  to  presume  that 
they  have  not  yet  fallen  under  the  observation  of  Lcml  Salisbury.  The 
President  hojjes  that  after  the  facts  are  presented  the  American  c(m- 
tenti«m  will  no  longer  be  denied  or  resisted  by  Her  ^Fajesty's  Ciovern- 
ment. 

Nearly  eight  months  after  the  KMisso-American  treaty  was  negotiated, 
and  before  the  exchange  of  ratifications  had  yet  taken  ))lace,  there  was 
a  rennu'kable  interview  betvieen  Secretary  Adams  and  the  Ilussian 
Ministei'.     I  quote  fr<un  .Mr.  Adams's  diary,  December  (»,  1824: 

6th,  Mdiidai). — Banm  Tuyl,  the  Knssinn  Miiiistcv,  wioti'  inc  a  uotv  ri'<|m'stin<'-  an 
iniiiiotliatc  iuti-rvicw,  in  con8ci|iien<'c  dI"  instiiwtions  received  yesterday  from  liis 
Court.  He  cani(>,  anil  after  intiinatin<r  tliat  lie  was  under  some  omUarrassnient  in 
exeeutinjj;  his  instrni'tions,  said  tliat  tlie  K'nssian-Ameriean  Coin))any,  upon  learniii};' 
the  i)uri)ort  of  the  Northwest  ( 'oast  eonvention  eoneluded  last  .f  nne  l)y  .Mr.  .Mid<lleton. 
were  extremely  dissaticilied  (a  jctr  <lr  Iniiits  vrix).  and,  l»y  means  of  their  inllnenee.  had 
]>revailod  upon  his  (iovernnient  to.send  him  these  instiiietiims  npon  two  points.  One 
was  that  he  should  deliver,  njion  the  exelianfje  of  the  ratilieations  of  the  convention, 
an  exi)lanatoi'y  note  i>uri)ortini.t  that  tlie  Russian  (iovernnient  did  not  understand 
that  the  convention  would  <iive  liberty  to  the  citizeuM  of  the  I'nited  States  to  trade 
on  tlit^  coast  of  Siberia  and  the  Aleutiau  Islands.  The  other  was  to  projiose  a  moditi- 
cation  of  the  convention,  by  which  our  vessids  should  be  )troliibited  from  tradinjj 
on  tlu^  Ncn-thwest  Coast  north  of  latitude  rtl'^.  With  ref>;ard  to  the  fornwr  of  these 
points  he  left  with  me  a  niiiiute  in  writin<>-. 

With  this  pndimiiniry  statement  Biiron  Tnyl,  in  accordance  with 
instru<'tions  from  his  Government,  submitted  to  Mr.  Adams  the  follow- 
ing note: 

KXPLANATOltV    NOTE   FROM   lU'SSIA. 

Ex]danatory  note  to  be  presented  to  the  Government  of  the  United  States  at  the 
time  of  the  exehanfje  of  ratitications.  with  a  view  to  removin;;'  ■with  nmre  certainty 
all  occasion  tor  futurt^  discn.ssions;  by  means  of  which  note  it  Avill  be  seen  that  the 
Jliiiliiin  JxlaiKh,  the  coasln  of  Sihcriti,  avil  the  Huxxiaii  t'oxxexsioiix  hi  (/oicral  on  the 
Xoi-thircxl  t'oaxt  of  Anurira  to  .^'K  :ii/'  of  north  hititiidc  are  ))ositively  <!xce]ited  from  the 
liberty  of  hunting,  tishiufj,  and  comuieree  stipulated  in  favor  of  citizens  of  the 
I'nited  States  for  ten  years. 

This  seems  to  be  only  a  natural  conse(|uence  of  the  8ti])nlations  af>reed  upon,  for 
the  coasts  of  Silxria  are  washed  by  the  Sea  id"  Okhotsk,  the  Sea  of  Kanisohatka, 
and  the  Icy  .Sea,  aii<1  not  lnj  the  Xoiith  Sio  mentioned  in  the  first  article  of  the  conven- 
tion of  A]uil  0-17  [1S24].  The  .tientian  Islands  are  also  washed  by  the  Sea  of  Kani- 
Hcliatka,  or  Northern  Ocean. 

//  ix  not  the  intention  of  It'usxia  to  impede  the  free  nariyation  of  the  I'aeijiv  Ocean. 
She  would  be  satislied  with  cansinj;  to  be  recognized,  as  well  understood  and  phiced 


.H'RISDICTIOXAL    IMGIITS    IN    riKRlNfi    SKA. 


277 


tu'voiid  nil  iiiinnici'  ol'doiilit,  tin'  iiiincipli-  lliat  I)c\i>ii(l  ."!)  .'JO'  iin  I'orcinn  vessel  eiiii 
:i)i|)i'(>ii('ii  lior  coasts  iiiid  her  iHlanilH,  nor  (ihIi  iinr  hunt  within  the  ilistanee  ul  I  wo 
marine  lon^^neH.  'riiis  will  not  )irevent  the  receipt  ion  of  Corei;;!!  vcshcIs  which  ha\t> 
be(!n  <lania;;('(l  or  beaten  ')y  storm. 

Tho  course  pursinMl  by  Mr.  Adams,  afti'r  flie  Hiissiiiii  note  liad  Ixmmi 
siibiiiittoil  fo  liiin,  is  fully  told  iu  liis  diary,  froui  wliicli  1  ayaiii  <|iiote: 

I  told  Haron  Tn.vl  that  we  shoiihl  he  dis])ose(l  to  do  evervthin"'  to  ac('(nii)i)odate  the 
views  <))'  his  (ioverniiient  that  was  in  our  power,  hiit  that  a  mou'lication  of  the  con- 
\ention  tniilil  ho  made  no  otluu'wise  than  hy  a  new  convention,  and  that  the  con- 
struction of  the  convention  as  conclndod  hclollned  to  otiier  dejiartniellts  of  tile  (io\  - 
eriunent,  for  which  the  Mxecntive  had  no  aiithoiily  to  st  ipiilate.  '  *  '  I  added 
that  tins  <'()n  vent  ion  would  he  suhniitted  iuiined  lately  to  the  Senate;  that  if  anything: 
alfectinif  its  construction,  or,  still  more,  modifyiu;!;  its  nieauin};,  were  to  he  jiroseuted 
on  the  part  of  the  h'ussiau  (iovcrnnieut  lie  fore  or  at  t  he  exclianK<»  <d'  the,  ratilica- 
tions,  it  must  he  laid  liefore  the  Senate,  and  could  haxc  no  other  possilde  oll'ect  than 
of  startiuj;  douhls,  ami.  jitiihaiis,  hesitation,  in  that  hody,  and  of  favorini;-  the  views 
of  those,  if  snch  there  wei'e.  who  nii^ht  wish  to  defeat  the  ratitic;ition  itself  cd'  tho 
convention.  '     If,  therefore,  he  would  ])ermit    me  to  sui;<;''st  to  him  whiit    1 

tluui^ht  would  he  liis  hcst  course,  it  would  he  to  wait  foi'  the  cxehau^e  of  this  ratifi- 
cations, and  make  it  i»urely  and  sini|dy;  that  afteiwards.  it  the  instructions  of  his 
(ioveriimcut  were  iui|)erative.  he  iiiiyht  )iresent  t he  note,  to  wlii<'li  I  now  informed  him 
what  would  be,  in  substance,  my  answer.  It  necessarily  <'oiild  not  he  otherwise. 
Jhit,  if  bis  instruct  ions  left  it  discretionary  with  him.  he  would  do  still  lietter  to 
inform  bis  (iovcrnmenl  of  the  stattjof  thiiij-s  here, of  the  ]nirpoit  of  our  conlerciice, 
and  of  what  my  answer  must  he  if  he  should  present  the  note.  1  l)cli>  ved  bis  Court 
would  then  deem  it  best  that  he  should  not  present  the  note  at  all.  Their  aiiprclK  ii- 
nion  had  lictti  crcUcd  hi/  an  inlcrcul  mil  fcrii  Irirndli/  lit  thv  ijimd  inidirshiiKliiui  hchrcfii 
ihc  I'mtvd  SlatiH  and  Ii'iisnia,  Our  iiicrchdiiln  would  iiid  .'/''  /'>  IriiiiUlc  Ihe  h'lixnitDin  on  thv, 
co'ixl  of  Siberia,  or  north  of  Ihe  Jiflii-scn  nih  dtiirvvof  Utiiludv,  and  it  wax  wixisl  mil  Id 
jiiil  Kiich  f<iiiri('s  iiilo  their  h<<idn.  At  least  tlu;  Imperial  (ioveriiment  mi^'lit  wait  tosce 
the  o]>eratiou  of  the  convention  before  takiufj;  any  further  ste)),  and  /  W)ik  coiijidenl 
Ihei/  would  hear  no  eoniiilaiiil  rexnllinri  from  it.  If  they  should,  tln'ii  would  be  tliB 
time  for  adjustinjf  the  construction  or  nejfotiatinjj;  a  inoditieatioii  of  the  cionveu- 
ti<m.     *     *     * 

Tlie  Kussian  jMiiiistcr  wtis  deei»ly  iuiine.ssod  by  wliat  Mr.  Adams  had 
said.  He  liiul  not  before  cl«>arly  i)ereeived  the  iuexitiible  effect  if  he 
should  iusist  on  ])resentiiio'  tlie  note  in  the  form  of  a  <lemaiid.  He  was 
not  ])rei)ared  for  so  serious  a  result  as  the  destrnetion  or  the  iudefiiiit<> 
IHKstjtonement  of  the  treaty  between  Ifussia  and  the  United  States,  aiitl 
Mr.  Adams  readily  eonvinecd  him  that  iit  the  exehiinjie  of  ratifications 
no  modification  of  the  treaty  could  be  made.  Tiie  ojily  two  cimrses 
open  were,  first,  to  ratify;  or,  se<'ond,  to  refuse,  iind  annul  the  treaty. 
Mr.  Adams  reports  the  words  of  the  minister  in  reply: 

'{'he  Maron  said  that  these  ideas  had  occurred  to  himself;  that  he  had  made  this 
a)))di(^ation  in  pursuance  (d'  his  iiistriictious,  but  he  was  aware  of  the  distribution  of 
]»owers  in  our  Constitution  and  of  the  iiicompeteiicy  of  the  Ivxtscutive  to  adjust  such 
(|nestions.  lie  would  therefore  wait  for  the  ex(dian,i>e  of  the  ratifications  without 
liresentinj;'  bis  note,  and  reserve  for  future  consideration  whether  to  present  it  shortly 
afterwanls  or  to  inform  bis  Court  of  what  he  has  done  and  ask  their  further  instruc- 
tions njion  what  be  shall  detiiiitely  do  on  the  subject.     *     *     ■- 

As  IJaron  Tuyl  surrendered  his  oi)iui()ns  to  the  superior  judji'mentof 
]Mr.  Adams,  the  ratificittions  of  the  tretity  were  exchanged  on  the  11th 
day  of  January,  and  on  the  following  day  the  tretity  was  formally  pro- 
claimed. A  fortnight  later,  on  .lanuary  LT),  1S2.J,  liaron  Tuyl,  following 
the  iustrtictions  of  his  (lovernment,  filed  his  note  in  the  l)e]>artim'nt  of 
State.  Of  course,  his  act  at  that  time  did  not  affect  the  text  of  the 
treaty;  but  it  ]»laced  in  the  hands  of  the  (loveriiment  <»f  the  lJnit<'d 
States  an  niioilicial  note  which  signiti<'autly  told  what  liussia's  con- 
struction of  the  treaty  woidd  be  if,  uuhiip])ily,  any  differeiK-e  as  to  its 
meaning  should  arise  between  the  tw(  goveriimeiifs.  IJut  Mr.  Adams's 
friendly  intimation  removetl  all  <langer  of  dispute,  for  it  conveyed  to 
Kussia  the  assurance  that  the  treaty,  as  negotiated,  c«uitaiu«'d,  in  effect, 


f 


i! 


278 


DIPLOMATIC    rOlfRKSPDNDKNCE. 


!^ 


I 


il  li 


f 


tlu'  ])rovisi(iiis  Mliicli  tlic  Ifussijin  note  was  «l('si;;iuMl  to  supply.  From 
that  time  until  Alaslva,  w  itli  all  its  iiylits  of  h\\u\  ami  water,  was  trans- 
ferred to  tlie  rnitcd  States — a  i»erio(l  of  forty-tliree  years — no  aet  or 
word  on  tlu'  jjart  ofeitiier  government  ever  impeaeiied  the  full  validity 
of  the  treaty  as  it  was  understood  Itotli  by  -Mr.  Adams  and  l)y  ISaron 
Tuyl  at  the  tiuu'  it  was  formally  ])ro(',lainu'd. 

While  thes«^  imi>ortant  matters  were  trans] »irin<>'  in  Washinj^ton, 
iiej;'otiatious  between  IJussia  and  hiUyland  (endinj;'  in  the  treaty  of  lSi'i>) 
\ver«'  in  i>ro<>'ress  in  St.  Petersburju.  The  instruetions  to  r>ar(Mi  Tuyl 
(!Oneerninj;' the  l{ussian-Ameii<'an  treaty  were  fully  reflected  in  the  care 
with  which  the  Anj;lo-!{ussiau  treaty  was  constructed,  a  fact  to  whi«*h 
I  have  already  adverted  in  full.  There  was,  indce<l,  a  possibility  tinit 
the  true  ineaniiij>'  of  the  tr<'aty  with  the  Tniti'd  States  mi;.{lit  be  misun- 
derstood, and  it  was  therefore  the  evident  iMirjxtse  of  the  K'nssian  (Jov- 
ernm<'nt  to  nurke  the  treaty  with  Kn^land  so  jdain  and  so  clear  as  to 
leave  no  room  for  doubt  and  to  bi'.tlle  all  attempts  at  miseonstructicMi. 
The  (lovernment  of  the  United  States  finds  the  full  advantage  to  it  in 
the  caution  taken  by  Ifussia  in  1S2.">,  and  can  therefore  <( note  the  A n};lo- 
Kussian  treaty,  witli  the  utmost  i-onfidence  that  its  nu'aniuf;'  can  not  be 
ehanj>ed  from  that  clear,  nnmistakable  t<'xt,  which,  thnuiyliout  all  the 
articles,  snstains  the  Anu'rican  contention. 

The  ''explanatory  note"  tiled  with  this  GoAernment  by  Baron  Tuyl 
is  so  i»lain  in  its  ti'xt  that,  after  the  lapse  of  sixty-six  years,  the  exact 
meaning  can  n«'itherbe  misai>]>rehended  nor  misre])resented.  It  draws 
the  distinction  between  the  Tacific  Ocean  and  the  waters  now  known  as 
the  Uehriuft-  Sea  so  i»articular!y  and  s(>  iierspicnously  that  no  answer 
can  be  nnule  to  it.  It  will  bear  the  closest  analysis  in  every  particnlar. 
''It  is  not  the  intention  of  Russia  to  impede  the  free  navij-ation  of  the 
Pacific  Ocean!"  This  frank  and  explicit  statement  shows  with  what 
entire  good  faith  Kussia  had  withdrawn,  in  both  treaties,  the  oUtensive 
ukase  of  Alexander,  so  far  as  the  Pacific  Ocean  was  nnule  subject  to  it. 
Another  avowal  is  (Mpndly  explicit,  viz,  that  "the  coast  of  Siberia,  the 
,  Jfmthwest  Coast  of  America  to  r)9^  '.W  of  north  latitude  [that  is,  down 
to  '>\)°  .'}()',  the  explanatory  note  reckoning  from  uortli  toscmth],  and  the 
Ah'utian  Islands  are  i)ositively  excei)te(i  from  the  liberty  of  hunting, 
fishing,  and  commerce  stiimlated  in  favor  of  citizens  of  the  United 
States  for  ten  years."  The  leasou  given  for  this  exclusion  is  most  sig- 
nificant in  connection  with  the  pending  discussion,  nanu'ly,  that  the 
coasts  of  Siberia  are  washe«l  by  the  Sea  of  Okhotsk,  the  Sea  of  Kam- 
chatka, and  the  Icy  Sea,  and  not  by  the  "South  Sea"  [Tacitic  Ocean] 
mentioned  in  the  first  article  of  the  convention  of  April  5-1 7,  1824.  The 
Aleutian  Islands  are  also  washed  by  the  Sea  of  Kamchatka,  or  North- 
ern Ocean  (Northern  Ocean  being  used  in  contradistinction  to  South 
L^a  or  Pacific  Ocean).  Tlie  liberty  of  hunting,  fishing,  and  commerce, 
mentioned  in  the  treaties,  was  therefore  confined  to  the  coast  of  the 
Pacific  Ocean  south  of  50^  .iO'both  to  the  United  States  and  Great  P.rit- 
ain.  It  nuist  certaiidy  be  a])parent  now  to  Lord  Salisbury  that  Ilussia 
never  iytended  to  include  tlie  IJehring  Sea  in  the  phrase  "  Pacific 
Ocean."  The  American  argument  on  that  (piestion  has  been  signally 
vindicated  by  the  official  declaration  of  the  Eussian  Government. 

In  addition  to  the  foregoing,  Itussia  claimed  jurisdiction  of  two  marine 
leagues  from  the  shore  in  the  Pacific  Ocean,  a  point  not  finally  insisted 
upon  in  either  treaty.  The  protocols,  however,  show  that  (heat  IJritni 
was  willing  to  agree  to  the  two  marine  leagues,  but  the  United  States 
was  not;  and,  after  the  concession  was  made  to  the  United  States,  Mr. 
G.  Canning  insisted  ui)on  its  being  made  to  (}reat  liritaiu  also. 


m 


mm^BSm 


.IIIRISDK'TIONAI.    WKJHTS    IV    Jn:ULNO    SKA. 


271) 


III  the  iiit»'ivi('\\  bctwt'tMi  tlic  Aiiu'riciiii  Secretary  of  Stiitc  iiiid  tlie 
liiissiiin  Minister,  ill  Deceiiiher,  1S'J4,  it  is  wortli  iiotiiijj;  tliiit  Mr.  Adams 
Itelicvetl  tliiit  the  a])|ili('ation  math-  i),v  liaroii  Tiiyl  had  its  <>ri<>-iii  '^  in 
the  ii|)|)r(>heiisi<)ii  of  the  Coiirt  of  Hossia  wliieli  h;id  lieeii  eansed  l>y  an 
interest  not  very  friendly  to  the  ji'ood  nnih'rstiindiiij''  bet\v«M'ii  tlie 
I'liiteil  Stiites  and  Itiissia.''  I  presnim'  no  one  iM'e<l  be  tohl  that  the 
refereiie«'  here  mad*'  by  Mr.  Adams  wiis  to  tht>  (lovernnient  of  (Ireat 
IJritain;  that  the  obvions  effort  of  tin'  I'.ritish  (lovernnient  at  that  time 
was  designed  to  make  it  certain  that  the  United  Stat<'sshonhl  not  liave 
the  power  in  the  waters  and  on  the  shores  of  Ilehrinj;'  Sea  whieli,  Ijord 
ISnUshiiff/  noir  aniucs,  IkhI  iiiuloiihtnlli/  hccii  (jircn  both  to  the  United 
IKIales  xihI  (hrat  llritaiii  hi/  the  trratics. 

It  is  to  be  remcnib'.  led  tliat  Mr.  Adan  s's  entire  aryiiment  was  to  ipiiet 
I'.aron  Tiiyl  with  tlie  assiiranee  that  tlie  treaty  already  negotiated  was, 
in  effect.  Just  what  the  Russian  (lovernmei.t  desired  it  to  l>e  by  the  in- 
corporation of  the ''explanatory  note"  of  which  I'.aron  Tnyl  was  the 
bearer.  .Mr.  .Vdanis  was  not  a  man  to  seize  an  advanta^t'  merely  by 
cnnniii;;'  construction  of  hinjiiiajic,  which  might  have  two  ineaninjjfs. 
He  was  determined  to  w  .nove  the  hesitation  and  distrust  entertained 
for  the  moment  by  liussia.  lie  went  so  far,  indeed,  as  to  {jive  an  as- 
surance that  American  ships  would  lutt  {>(>  abo\e  ."»7o  nortli  latitiuh' 
(Sitka),  and  he  did  not  want  the  text  of  the  treaty  so  chanjied  as  to 
mention  the  facts  contained  in  the  exphiiiatory  note,  because,  speakinj;' 
of  the  hunters  and  the  lishermen,  it"  was  wisest  not  to  jiut  such  fancies 
into  their  heads." 

Jt  is  still  further  noticeable  that  ^Ir.  Adams,  in  bis  sententious  ex- 
l>rcssion,  spoke  of  the  treaty  in  his  interview  with  Ihiron  Tiiyl  as  "the 
>«'orthwest  Coast  convention."  This  closely  descriptive  iilirase  was 
enoiifih  to  satisly  IJaron  Tnyl  rliat  Mr.  Adams  had  not  taken  a  false 
view  <»f  the  true  limits  of  the  treaty  and  had  not  attempted  to  ext«'iid 
the  privilcf^es  {;rantcd  to  the  United  States  a  single  incli  beyond  their 
plain  and  honorable  intent. 

The  three  most  conlideiit  assertions  made  by  Lord  Salisbury,  and 
regarded  by  him  as  unanswerable,  are,  in  his  own  language,  the  fol- 
lowing: 

(1)  Tliiit  l\ii,<;'l:iii(l  n't'iisfd  to  mliiiit  ;iiiy  jcii't  <if  tln^  Riissiiiii  cliiiiii  Mssertt'd  by  Hio 
ukase  of  IS21  of  a  inaiitiiiic  Jiirisilict  ion  and  exclusive  vij;Iit>  nl'  (isliiiij;  tlir<>n<r|ioiit 
tile  whole  extent  of  that  elaini.  IVom  Mehrinu'  Straits  to  the,  lil'ty-lir.st  ](aralh'l. 

(2)  'i'liat  tlie  ('(invention  of  IHL'")  was  renanted  on  lioth  sides  as  a  fenunciatioii  on 
the,  part  of  Russia  of  tliat  elaiiii  in  its  entirety. 

(15)  'I'liat,  th()n<rh  Ilchriufj  Straits  were  known  and  siKMMlieally  provided  for,  liehr- 
inj;'  Sea  was  not  known  by  that  naino,  but  was  re^jardtsd  as  a  part  of  the  I'acilic 
<Jeean. 

The  explanatory  note  of  the  Russian  (ilovcrnment  disproves  and  tle- 
nies  in  detail  these  three  assertions  of  Lord  Salisbury.  I  think  they 
are  completely  disproved  by  the  facts  recited  in  this  tlispatch,  but  the 
exidanatory  note  is  a  specific  coiitradi(;ti<ui  of  each  one  of  them. 

The  "inclosures"  \vhicli  accomi)anied  Lord  Salisbury's  dispatch,  and 
which  are  qinited  to  strengtlien  his  argiinients,  seem  to  me  to  sustain, 
in  a  remarkable  manner,  th<^  jiosition  of  the  United  States.  The  Hist 
inclosure  is  a  dispatch  from  Lord  Londonderry  to  Count  Lie ven,  Rus- 
sian minister  at  London,  dated  Foreign  Olhce,  January  18,  1822.  The 
first  paragraph  of  this  disi>atch  is  as  follows: 

The  undersi^iued  has  the  honor  to  acknowledji;!'  the  note  addressed  to  him  by  Baron 
de  Nicolai  of  tlie  12tli  of  Septciuber  last,  covi.'riug  a  eojiy  of  a  ukase  issued  by  his 


I  ' 
( 

I 


/ 


2H() 


mi'l.OMATK!    CliUUKSl'ONDKNCi:. 


iiii;i)'i'iiil  iiia.sltr,  l',iii|))'rnr  <t|  nil  llii'  IiMshIiis,  liniriiiu  tliitc  llli  S<'|iii'iiili<  r,  lsi.'l,  for 
various  piu'iMiscs  tluTciii  srl  fortli,  e-i/"  <■/((//(/  vitinitilnl  Willi  llir  Itrriloridl  riylilx  of  his 
Cniini  on  Ihv  .\orlliiiusl  I'oiihI  of  Atiifiiva  hmilvnnii  on  llic  I'licijir  Oiraii,  oiitl  llir  iininiwrrc 
ami  iKH'ijiiilion  of  II'ih  ImiivvhiI  MajiHhi'x  Huhjorh  hi  the  xnat  iidJitiTiit  llwrelit. 

It  is  iilto^^'ctlM'i-  itppiirciit  tliiit  tilis  (lispatch  is  liiiiitcd  to  tiic  witli- 
di'iiwiil  of  till'  provisions  of  tlic  iilviis*'  issiu'd  l»y  tlu'  IOiiiimtoi'  Ali'Xiiii- 
«l('r,»'sp('<'iiilly  coiiiuM'tcd  witli  flic  tirritorial  rUjIitsmi  thv  Xotilncrst  Cimxt 
hortlcritifi  on  flic  J'lirijir  (Urdu.  I<]vi<i»'iitly  Loi'd  liOiuloiidcny  mal\«'s  no 
n'frn'nrc,  diicct  or  indiitM-t,  to  tin'  IWdiriii};' St'si.  Tlie  \vh(de  scop*'  ol 
Ins  contention,  as  defined  l>y  Idinself,  lies  outside  of  tlie  field  of  tlie 
present  disputi^  between  tlie  ISrit  isli  iin<l  American  (iovernnients.  Tliis 
(lovernnn'iit  heartily  a;;i'ees  with  Lord  Londonderry's  form  of  statin}*' 
the  question. 

The  Duke  of  VVellington  was  Kii};lan<rs  icpicsentative  in  the  Con- 
j;ress  of  Verona,  for  which  ])la('e  lie  set  out  in  the  autumn  of  IS2L'.  lILs 
insti'uctious  from  Mr.  (1.  C-anninji',  ISritish  Secretary  of  Foreij^n  Atfairs, 
followed  the  ]»recise  line  indicated  by  fiitrd  Lond(»nderry  in  the<lispat<'h 
above  quot«'d.  This  is  more  plainly  shown  by  a  "memoranilum  on  the 
Ivussiaii  ukase"  delivered  by  the  duk(^  on  the  17th  of  Octobei'  to'.'ount 
Nesselrod«',  Hussia's  represcntativi'  at  Verona.  The  duke  was  ar}>;ninjL>' 
ajjainst  the  tdvase  of  Alexander  as  it  affected  Ilritish  interests,  an.l  his 
lanyiiaj**'  plainly  shows  that  he  confined  himself  to  th«^  ''Northw«'st 
Coast  of  Am«'rica  bordering  on  the  r<i({fir  (hriiny  To  establish  this  it 
is  only  necessary  to  (luote  the  followiuf;'  paraf^raph  from  the  duke's 
memorandum,  vi/.: 

Now,  we  <  an  i»rov(!  that  tin-  Hii^lisli  Noil li we.st  Coiiipaiiy  and  tlic  Ifndson's  Hay 
C'onijiany  liavc  for  many  years  cslnlilisltcil  fort-  rind  other  trading;  places  in  a  conntry 
railed  New  C!aledonia,  situated  to  tlii'  west  of  a  ran.no  of  inonntains  called  the  lioeky 
Mountains  and  extcn<lin,n' al<ni<;'  the  niiorvi  of  llu  I'dcijir  iiriaii  from  latitude  49  to 
latitude  ()()    north. 

The  Duke  of  Wellingtim  always  went  directly  to  the  point  at  issue, 
and  he  was  evidently  not  concerninj>'  himself  about  any  subject  other 
than  the  protection  of  the  Hnjilish  territory  s^outh  of  the  Alaskan 
peninsula  and  on  the  Northwest  Coast  horihrimj  on  tin'  PiirifU;  (hriin. 
England  owned  no  territory  on  the  (!oast  north  of  the  Alaskan  penin- 
sula, and  hence  there  was  no  reason  for  connecting  the  coast  above  the 
j)eninsula  in  any  way  with  the  question  before  the  Congress.  Evidently 
the  Duke  dul  not,  in  the  remotest  manner,  connect  the  subject  lie  was 
discussing  with  tlie  waters  or  the  shores  of  the  IJehring  8ea. 

The  most  significant  and  important  of  all  the  inclosurcs  is  No.  12,  in 
which  3lr.  Stratford  Canning,  the  Ihitish  negotiator  at  St.  Petersburg, 
comnmnicated,  under  date  of  March  1,  l.Si'r>,  to  'Sir.  (}.  (banning,  Minis- 
ter of  Foreign  Affairs,  the  text  <tf  the  treaty  betw  een  England  and  Jiussia. 
Some  of  Mr.  Stratford  Canning's  statements  are  very  important.  In 
the  second  iJaragraph  of  his  letter  he  nudces  the  following  statement: 

The  line  of  demarcation  alonjf  the  strq)  of  land  on  the  Northwest  Coast  of  America, 

assigned  to  Kussia,  is  laid  down  in  the  convention  agreeably  to  your  directions. 

#     *     # 

After  all,  then,  it  ajqiears  that  the  "strip  of  land,"  to  which  we  have 
already  referred  more  than  once,  was  rei)orted  by  the  English  pleui- 
l)otentiary  at  St.  Petersburg.  This  clearly  and  undeniably  exhibits  the 
field  of  controversy  between  Russia  and  England,  even  if  Ave  had  no 
other  in-oof  of  the  fact.  It  was  solely  on  the  Northwest  Coast  bordering 
on  the  Pacific  Ocean,  and  not  in  the  Hehring  Sea  at  all.  It  is  the  same 
strip  of  land  which  the  United  States  actiuired  in  the  purchase  of  Alaska, 


.MI.'ISDlcTloNAr.    I![<;ili>    l>;    l»F,I{IN(i    SKA. 


2S1 


jiimI  nitis  tV(>iii  "iP  10' fi»  <»((  iiortli  liititiidc — tlic  s;iiii('  sfriii  nf  hunl 
wliirli  jiiivr  to  r.iitisli  America,  lyiiij;  A/7///«'/  it,  a  i'wv  acrcss  to  the 
ncfaii. 

Mr.  8tratt'nr<l  ('aiiiiiii<;'also  <M»iiiiiiniiicatt>(l,  ill  his  lettn' of  .Mar«-li  1, 
the  roliowin^': 

Willi  ii's|ii'fl  III  l!rliriiii;r>  SliMilH,  I  miii  1i;i|i|i,v  Inliiivr  il  in  iii.v  iiowcr  to  iissiiirvtiii, 
•  III  llir  Joint  :iin  liiii'it.N  ol'  llir  liiis.siiin  |il<'iii|iiilrnt  iiirit's,  lliiil  lln  r,iii)iivi>r  nf  li'n^sin 
Imx  HO  iiilciiliini  ivlnilircr  nj'  iiiii'nilniii'niii  itiifi  r.icliixirr  ilniiii  In  Ihv  iiiiriiiiilioii  nf  llinxi 
■sh'<lilx  i>r  nf  Ihi  sriix  lit  llii   iKirlli  nf  lln  m. 

TIlis  assiiiaiM't'  fVoiii  tlir  hiiiipt'ioi'  of  IJiissia  is  of  tliat  kiii(i  wiicii'  tiir 
liowcf  to  {•ivo  or  to  witliliold  is  altsniiiti'.  It'tiic  tieatyol'  ISlT)  bet  wren 
(ii'cat  ISritaiii  and  K'lissia  iiad  coiicrdcd  siicli  i'i;;lits  in  tlic  llciiiij;' 
wat(MS  as  liOi'd  Salisl)iiiy  im»\v  claims,  wiiy  was  Sii'  Stiatloid  ('aiiiiiii;;' 
«o  '' liappy"  to  "  lia\»' it  in  iiis  powci'  to  assure"  tlif  IJiitisli  tbieiju'ii 
otli<*e,  (HI  "tlie  aiitiioiity  ol"  two  IJiissiaii  |>leiii|»oteiitiaries,"  tliat  "  the 
Kmpei'or  had  no  intention  of  maintaiiiin;;  an  e\clnsi\'e  ehiiiii  to  tlie 
navijiiition  olthe  JSeiiiinj''  St  la  its,"  or  oil  lie  "'seas  to  tlie  north  of  them." 
The  mtinto  flit-  soiifli  itf  titv  .striiit.s  were  most  sijuiiilieantly  not  inelnded 
in  tlie  Imperial  iissnranee.  The  Kn<;!isli  statesmen  of  that  day  hati, 
as  I  have  before  reniarkt-d,  attempted  the  abolition  of  the  tdcase  of  Alex- 
ander onlys«)  far  as  it  alfeeted  the  <;oast  of  the  Paeilie  Ocean  fiutiii  the 
(Ifry-tirst  to  the  sixtieth  (le;;i(»  /(north  latitude.  It  was  hit  in  full 
force  on  the  shores  of  the  I5eli:ii  ;;  Sea.  Tliei'e  is  no  proof  whatever 
that  the  Hnssian  ICmperor  anniill:-it  it  there.  That  sea,  from  east  to 
west,  is  l,'A{Hi  miles  in  extei'*:  from  north  to  south  it  is  I. (MM)  miles  in 
extent.  The  whole  of  thi;  .,reat  i>ody  ot  water,  tinder  the  tikase.  was 
left  open  to  the  world,  <'xcei»t  it  stri])  ol  KM)  miles  from  the  shore,  lint 
with  these  KM)  miles  i'tilbrced  on  , ill  the  coasts  of  the  r»ehrin;>'  St'ii  it 
wtnild  be  obviously  impossible  Loa])proacli  the  straits  of  Itehriitj;,  which 
were  less  than  ."»()  miles  in  exireme  width.  If  <'!if(irccd  strictly,  the 
ukiise  woiihl  cut  off  till  v«'ssels  frum  i)assiti>^'  tlirott;;li  the  straits  to  the 
Arctic  Oeeiin.  If,  as  Lord  Salisbury  claims,  the  iikitse  had  b«'en  witli- 
drtiwii  from  the«  ittire  !>eht  inj;  <'oast,  as  it  was  bet  ween  the  tiftytirst  and 
sixtieth  dejiiiM's  on  the  I'acilic  coast,  what  need  would  there  have  been 
for  Ml'.  Stratlbrd  ("anninj;',  the  Enjjiisli  plenipotentiary,  to  seek  a  favor 
from  Ifnssia  in  rejtiird  to  passiiij^i  thronj;h  the  straits  into  tin-  Aietic 
Ocean,  where  scientific  expediticais  and  whaling  \essels  desired  to  jjfo? 

I  need  not  review  all  the  inclosnres;  but  I  am  sure  that,  ])roperly 
aniily/ed,  tln'y  will  all  show  that  the  subject  matter  touched  only  the 
settlement  of  the  dis]»ute  on  the  Xoithwe^t  (loast,  from  the  tiftytirst  to 
the  sixtieth  dej-ree  of  north  latitude,  in  other  words,  they  relate*!  to 
the  <'0utest  which  was  tinally  adjusted  by  the  establishment  of  the  line 
of  .")4o  40',  which  marked  the  boundary  between  Uiissian  and  Knj'iish 
territory  tit  the  time  of  the  Aiif>lol{iissian  treaty,  as  today  it  marks 
the  line  of  division  betwt^en  Alaska  and  IJritish  Columbia.  But  tluit 
question  in  no  way  touched  the  Ilehriny'  Sea;  it  was  confined  wholly  to 
the  I'acitii!  Ocean  and  the  Northwest  Coast. 

Lord  Salisbury  has  deemed  it  proper,  in  his  dispatch,  to  call  the  atten- 
tion of  the  (lovernment  of  the  United  States  to  some  elementary  prin- 
<'iples  of  international  law  t(nu;hinj>'  the  free<lom  of  the  seas.  Foi- 
our  better  instruction  he  j>ives  sundry  extracts  from  NVheaton  and 
Kent — our  most  caineiit  publicists — and,  for  further  illustration, quotes 
from  the  dlspatchc,  of  Secretaries  Sewanland  Kish,all  maintaining  the 
■well-known  principle  that  a  nation's  jurisdiction  over  the  sea  is  limited 

36 


1  '  ! 


•J  Hi 


i' 


Tl 


I    fli 


V I 


r 


282 


DlPLO.MA'rir    rORWHSPONMENCR. 


Coiniiicntiiij;'  on  tlieso  quotations 


to  3  marine  niil«'s  from  its  sliorc  line, 
his  lonlship  says: 

A  claim  of  Jiii'i.stlit'tioii  over  tli*'  (ipcn  Hca  wliicli  is  not  in  accordiincc  witli  rlic  rec- 
of^nizinl  priii<.'ii)l<'ts  of'inlcriiiilioiial  huv  or  iisa^fc  may,  of  course,  \h;  assiTted  li.v  force, 
lint  cm  not  be  siiid  to  liavc  any  Icyal  valiilit\  as  against  the  vessels  of  otliei'  coun- 
tries, except  in  so  far  as  it  is  jiositively  atlmittetl  in  conventional  aj;reenienls  with 
those  conntrieH. 

The  United  States,  ijavinp:  the  most  cxteinled  scacoast  of  all  the 
nations  of  the  world,  may  bo  presumed  to  Inive  paid  serious  attention 
to  the  laws  and  usaj^es  winch  define  and  limit  maritime  jurisdiction. 
The  i'oursii  of  tins  (lovernment  has  i>eeu  uniformly  in  favor  of  iiidiold- 
in}^  the  reco^^iiized  law  of  nations  on  that  subject.  While  Lord  Salis- 
bury's admonitions  are  received  in  };oud  i)art  by  this  (iovernment,  we 
feel  justified  in  asking  his  lordship  if  the  (loveriimentof  (Ireat  Britain 
has  uniforndy  illustrated  these  precepts  by  e.\am])le,  or  wliethershehas 
not  established  at  least  one  notable  precedent  which  would  justify  us 
in  makii!g  gTeater  demands  upon  Her  .Majesty's  Government  totudiiug 
the  P>ehring  Sea  than  either  our  necessities  or  our  desires  have  ever 
sufjijjesteirj  The  precedent  to  which  1  refer  is  contained  in  the  follow- 
ing narrative: 

Napoleiui  lioimparte  fell  into  the  power  of  Great  Britain  on  the  15th 
day  of  July,  ISlo.  The  dis]>osition  of  the  illustrious  i>ris(»iier  was  pri- 
marily determined  by  a  treaty  negotiated  at  l*aris  on  the  2d  of  the  fol- 
lowing August  between  Great  IJritain,  llussia,  Prussia,  and  ^Vustria. 
By  that  treaty  "the  custody  of  XajMdeon  is  specially  intrusted  to  the 
British  Government."  The  choice  of  the  place  and  of  the  measures 
which  could  best  secure  the  prisoner  were  especially  reserved  to  ITis 
Britannic  Majesty.  In  pursuance  of  this  ])ower,  Xapoleon  was  ]n'omptly 
sent  by  Great  Jiritain  to  the  island  of  St.  Helena  as  a  prisoner  for  life. 
Six  months  after  he  reached  St.  Helena  the  British  Parliament  enacted 
a  special  and  extraordinary  law  for  the  i)urpose  of  making  his  deten- 
tion more  secure.  It  was  altogether  a  menu)rable  statute,  and  gave  to 
the  British  governor  of  the  island  of  St.  Helena  remarkable  powers  over 
the  property  and  rights  of  other  nations.  The  statute  contains  » ight 
long  sections,  and  in  the  foiuth  section  assumes  the  i)ower  to  excliulo 
ships  of  any  nationfility,  not  only  from  landing  on  the  island,  but  for- 
bids them  "to  hover  witliin  8  leagues  of  the  coast  of  the  island."  The 
penalty  for  hovering  within  8  leagues  of  the  coast  is  tlu'  tbrfeiture  of 
the  ship  to  Ilis  ^Majesty  the  King  of  Great  Britain,  on  trial  to  be  had  in 
London,  atul  the  otiense  to  be  the  sanu'  as  if  committed  in  the  county 
of  Middlesex.  This  i)ower  was  not  assumed  by  a  military  commander, 
pleading  the  silence  of  law  amid  the  clasli  of  arms;  nor  was  it  <;onferre(l 
by  the  power  of  civil  Governnu'ut  in  a  crisis  of  publico  danger,  it  was 
a  Parliamentary  enactment  in  a  season  of  profound  peace  tliat  was  not 
brcdcen  in  Europe  by  war  among  the  great  I'owers  for  eight  and  thirty 
years  thereafter.     [See  indostire  C] 

The  British  Government  thus  assumed  exclusive  ami  absolute  con 
trol  over  a  considerable  section  of  the  Siuith  Atlantic  Ocean,  lying  di- 
rectly in  the  path  of  the  world's  commerce,  near  the  capes  which  nnirk 
the  southernmost  points  of  both  hemis])heres,  over  the  waters  which 
for  centuries  had  connected  the  shores  (»f  all  continents,  and  attbrded 
the  commercial  highway  from  and  to  all  the  ports  of  the  world.  The 
body  of  water  thus  ccuitrolled,  in  the  form  of  a  circle  nearly  50  miles  in 
diameter,  was  scarcely  less  than  1^,000  square  nnles  in  t'xtent;  and 
whatever  ship  dared  to  tarry  or  hover  within  this  area  might,  regard- 


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JURISDICTIONAL   RIGHTS    IN   BERING    SEA. 


283 


loss  of  its  nationality,  be  loicibly  seized  and  summarily  forfeited  to  the 
JJritisli  Kiny, 

T\w  Tnited  States  had  grave  and  special  reasons  for  resentinjy  this 
])erenii»tory  assertion  of  power  by  Great  IJritain.  On  the  3d  day  of 
July,  1.S15,  a  fortnight  after  tlie  battle  of  Waterloo  and  twelve  days 
before  Xapoleon  became  a  prisoner  of  war,  an  important  <'oinmercial 
treaty  was  conchuled  at  liondon  between  the  United  States  and  (ireat 
livjtain.  It  was  the  sequel  to  the  Treaty  of  Ghent,  which  was  «'on- 
chided  some  six  months  before,  and  was  remarkable,  not  only  from  the 
chara«!ter  of  its  provisions,  l)ut  trom  the  eminence  of  the  American 
negotiators — John  Quincy  Adams,  Henry  Clay,  and  Albert  Gallatin. 
Among  other  provisions  of  tliis  treaty  relaxing  the  stringent  cohtnial 
l)olicy  of  England  was  one  whi<'h  agreed  that  American  ships  should  be 
admitted  ami  hospitably  received  at  the  island  of  St.  Helena,  liefore 
the  ratitu^ations  of  the  tieaty  were  exchanged,  in  the  following  Novem- 
l)er,  it  was  deteiinined  that  Xajtolcou  shiaild  be  sent  to  St.  Helena. 
England  thereupon  declined  to  ratify  the  tieaty  unless  the  United 
States  should  suriender  tlie  provision  respe<'tiug  that  island,  lifter 
that  came  the  stringent  enactment  <kf  I'arliament  forbidding  vessels  to 
hover  within  L'4  miles  of  the  island.  The  Tnited  States  was  already  a 
great  ^-omnuMcial  ]»ower.  Slie  had  1,KM>.(M)0  tons  of  shipping;  more 
tlian  .■)()()  ships  bearing  her  flag  w<'re  engaged  in  trade  around  rlie 
capes.  Lord  Salisbury  has  luul  inucli  to  say  about  tin;  liberty  of  tlie 
seas,  but  these  .100  American  shi]»s  were  denied  the  liberty  of  the  seas 
in  a  space  .")()  miles  wide  in  the  South  Atlantic  Ocean  by  tlu^  express 
authority  of  Great  lUitain. 

The  act  of  Parliament  which  asserted  this  power  over  the  sea  was  to 
be  in  force  as  long  as  Napoleon  shonid  live.  Najxileon  was  born  the 
same  year  with  AVellington,  and  was  therefore  but  U\  years  of  age  when 
he  was  sent  to  St.  Helena,  His  expectation  of  life  was  then  as  good  as 
that  of  the  duke,  who  lived  until  1S;VJ.  The  order  made  in  Ai)ril,  1S!(5, 
to  obstruct  free  navigation  in  a  section  of  the  South  Atlantic  might, 
therefore,  have  been  in  force  for  the  period  (»f  the  thirty-six  years,  if 
not  h)nger.  It  actually  proved  to  be  for  five  years  <uily.  Napoleon 
died  in  1S21. 

It  is  hardly  conceivable  that  the  same  nation  which  exercised  this 
authority  in  the  broad  Atlantic  over  which,  at  that  very  time, 
.SO(),0(MI,(KM)  of  |ieo])lc  made  their  c<unmercial  exchanges,  should  deny 
the  right  of  the  United  States  to  assume  control  over  a  limited  area, 
for  a  fraction  of  each  year,  in  the  sea  which  lies  far  beyond  the  line  of 
trade,  whose  silent  waters  w<'re  never  cloven  by  a  ct»mmercial  pr<»w, 
whose  uniiduiiu'ted  shoies  have  no  [>ort  of  entry  and  could  never  be  ap- 
proached on  a  lawful  errand  under  any  other  flag  than  that  of  the  United 
States.  Is  this  (Jovernment  to  understand  that  Lord  Salisbury  justi- 
ties  the  course  of  Kngland  ?  Is  this  Governnu'nt  to  understand  that 
Lord  Salisbury  maintains  the  right  of  lOngland,  at  her  will  and  pleasure, 
to  obstruct  the  highway  of  commer(!e  in  mid-ocean,  and  that  she  will  at 
the  same  time  inter(»ose  objections  to  the  United  States  <'xei'cising  her 
Jurisdietioii  beyond  tin'  .'{mile  linn't,  in  a  remote  and  unused  sea,  for  the 
sole  purpose  of  jtrescrving  the  most  valuable  fur-seal  lishery  in  the 
world,  from  remediless  destruction  ? 

If  Great  Ibitain  shall  consider  that  the  precedent  set  at  St.  Heh'ua 
of  obstructiim  to  the  navigable  waters  of  the  ocean  is  too  rem<>te  for 
jtresent  ((notation,  I  invite  her  attcntictn  to  one  still  in  existeni'c.  Kven 
to-day,  while  ilei' Mijesty's  Government  is  aiding  tme of  her  colonies  to 
destroy  the  xlmericau  seal  lisheries,  another  colony,  with  her  consent, 


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284 


DTPLO:srATir    CORRKSrONDKNOE. 


^las  estal>lislio(l  a  poiiil  fishery  in  an  area  of  the  Indian  Ocean,  r»00niiloH 
wide.  And  so  (Mnnplotc  is  tlic  assumption  oC  jtowcr  that,  accordinj>'  to 
Sir  (l»'org«'  IJadcn  Towcll.  a  Ii<M'ns('  fee  is  t'oll«'ct«'<l  from  the  vessels  en- 
gaged in  the  i>earl  fisheries  in  tlie  open  ocean.  The  asserted  jiower  jioes 
t<)  th(^  extent  of  nudcing  foreijin  vessels  that  have  procured  their  pearls 
tar  outside  the  .'{-mile  limit  pay  a  heavy  tax  when  the  vessels  enter  an 
Australian  port  to  land  cargoes  and  retit.  Thus  the  foreign  vessel  is 
hedged  in  on  both  sides,  and  is  bound  to  pay  the  tax  under  Uritish  law, 
because,  as  Sir  (Jeorge  Uaden-Powell  intimates,  the  voyage  to  another 
port  would  probably  be  more  expensive  than  the  tax.  I  quote  further 
from  Sir  (Jeorge  to  show  the  extent  to  wiiich  British  assumption  of 
power  over  the  Ocean  has  gon«': 

Tlio  rif>l»t  to  cliarjue  tlictso  diics  and  to  excrci.so  tliiM  control  oiiUhJe  the  3-mile  liiiii 
is  l»im«i<l  on  an  act  ot  the  Fcdcial  Conncil  of  Anstralasia,  wliich  (Federal  ('oiHic'il  act- 
IHXb,  section  1"))  enacts  that  tlic  c()un(!il  sliall  have  lo;;islativc  avitliority,  infer  aliii^ 
ill  vcxpevt  of  JixhcrieK  in  .tiixtriilioii  inihru  outside  tivvilovitit  liniitH.  In  1SS;»  tliis  conncil 
]>aHscd  an  act  to  '•regulate  the  jtearl  sliell  and  lieclie  de  nier  fisheries  in  Anstralian 
waters  adjacent  to  the  colony  of  Western  Australia."  In  1)S88  a  similar  act  liad  l»cen 
])asse(l,  dealing  with  the  lisheriesin  the  seas  adjacent  to  (Queensland  (on  the  cast  coa8t)_ 

1  am  directed  by  the  President  to  say  that,  on  behalf  of  the  United 
StJites,  he  is  willing  to  adopt  the  text  used  in  the  act  of  I'iirliament  to 
exclude  ships  from  hovering  nearer  to  the  island  of  St.  Helena  thiiii 
8  niiirine  leagues,  or  he  will  take  tiie  example  <*.ited  by  Sir  Oeorge 
]»aden-r<>well,  where,  by  permission  of  Ilcr  Majesty's  (lovernment, 
<'ontrol  «)ver  a  part  of  the  occiiii  <!0()  miles  wide  is  to-day  authorized  by 
Australian  law.  The  ['resident  will  ask  the  (iovernment  of  (Ireat 
liritain  to  agree  to  the  distan<'e  of  20  marine  leagues — within  whi«'h 
no  ship  shidl  hover  iiround  the  islands  of  St.  I\iul  and  St.  (leorge, 
from  the  l;"5tii  of  Msiy  to  the  lath  of  October  of  each  year.  This  will 
prove  an  etfectiv<'  motle  of  preserving  the  seal  tisheries  for  the  use  of 
the  civilized  world — a  m<»de  which,  in  view  of  (Jreat  Britain's  tissump- 
tion  of  power  over  the  ojien  ocean,  she  ciin  not  with  coitsistency  decline. 
Great  Britain  ju'eseribed  S  leagu<'s  sit  St.  Heleuii;  but  the  obvious 
necessities  in  the  Behring  Sea  will,  on  the  basis  of  this  prec<'dent,  justify' 
20  leagues  for  the  protection  of  the  AnuMican  seal  tisheries. 

The  I'liitcd  States  <lesires  only  such  control  over  a  linnted  extent  of 
the  Mat<'rs  in  the  IJehring  Seti,  for  a  jtart  of  each  year,  as  will  besulii- 
cient  to  insure  the  protection  of  the  fur-sciil  tisheries,  already  injured, 
possibly,  to  an  irrejiariible  extent  by  the  intrusion  of  ('anadian  vessels, 
sailing  with  the  encouragement  of  (Ireat  Britain  and  protected  by  hei 
Hiig.  The  gravest  wrttng  is  comntitted  when  (as  in  nniny  instances  is 
the  cas«')  Ameri»'an  citizens,  refusingobedience  to  the  laws  of  their  ow.i 
c(mntry,  Intve  gone  into  partnership  with  the  British  Hag  and  eugag»'d 
in  the  destruction  of  thesetil  tisheries  which  beh)iigtothe  I'nited  States. 
So  general,  so  notorious,  and  so  slmmelessly  avowed  has  this  practice 
become  that  last  season,  according  to  tlu'icportof  the  American  consul 
at  Victoria,  when  the  intruders  assendded  at  Unahiska  on  the  4th  of 
July,  i»reviou8  to  entering  IJehring  Sesi,  the  day  wiis celebrated  in  a  i)ii- 
triotic  and  spirited  miinner  by  the  Americiin  citizens,  who,  at  the  time, 
were  ,?i'otected  by  the  British  tltig  in  their  violation  of  the  laws  of  their 
own  c«>untry. 

With  such  agencies  as  these,  devised  by  theDonunion  of  Oansida  and 
]»rote«'ted  by  the  tliig  of  Great  Britain,  American  rights  a utl  interests 
liave,  within  the  past  four  years,  been  diimtiged  to  the  extent  of  mil- 
lions of  <h)llars,  with  no  (jorresponding  gain  to  those  who  caused  the 
loss.    From  1870  to  1890  the  seid  tisheries — carefully  guiirded  and  pre- 


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JURISDICTIONAL    RIGHTS    IN    IJHRING    SEA. 


285 


!>ervi'(l — yieUled  100,000  skins  each  year.  The  Caiiatlian  intrnsioiis  bo- 
{i'aii  ill  1<SS({,  and  so  great  lias  been  the  damage  resnltiuj^'  from  their 
(lestruetionofseal  life  in  the  open  sea  surrounding  the  Pribih>f  Islands, 
that  in  1890  the  (Joveniment  of  tlu'  United  iStates  limited  the  Alaska 
{'omi»any  to  00,000  seals.  But  the  Coini)any  was  able  to  secure  only 
21,000  seals.  LTndt'r  the  same  evil  iiiHuences  that  have  been  active 
now  for  five  seasons  the  seal  fisheries  will  soon  be  utterly  destoyed. 
(Ireat  Britain  has  been  iniormed,  advised,  warned  over  and  over  again, 
oi"  the  evil  effects  that  would  flow  from  her  course  of  action;  but,  against 
testimony  that  amounts  to  demonstration,  she  has  preferred  to  abide 
by  personal  reinesentations  from  Ottawa,  by  reports  of  commissioners 
who  examined  nothing  and  heard  nothing,  except  tlie  testimouy  of 
those  engaged  in  the  business  against  wiiidi  the  United  States  has 
4'arnestly  protested.  She  may  possibly  be  convinced  of  the  damage  if 
she  will  send  an  intelligent  commissioner  to  the  l'ribih)f  Islands. 

In  general  answer  to  all  thes(^  facts,  (licat  Britain  announces  that 
she  is  willing  to  settle  the  dispute  by  arbitration.  Her  proposition  is 
crmtained  in  the  following  i»aragraph,  which  I  quote  in  full: 

I  have  to  reiiuest  that  you  will  coimimiiicato  a  ('()i)y  of  this*  dispatch,  and  of  its  iii- 
<'l(»snr<'s,  to  Mr.  lilaiiif.  Voii  will  state  that  Her  Majesty's  (iovcniineiit  have  no  desire 
whate\-er  to  reiuse  to  the  I'nited  States  any  Juristlietion  in  Hehriuj;' Sea  which  was 
eouceded  by  (Jreat  liritain  to  Russia,  and  which  jiroperly  aecrtu^sto  the  present  jios- 
sessors  ot' Alaska  m  virtue  of  treaties  or  the  law  of  nations;  and  that,  if  the  United 
States  (ioverunient,  after  examination  of  the  eviden<'e  and  ai  iunients  which  I  have 
])rodnced,  still  ditler  from  them  as  to  the  lejiality  of  the  lecent  cajitures  in  that  sea, 
they  are  ready  to  agree  that  the  (piestion,  with  tlie  issues  that  de])end  ui>on  it,  should 
he  referred  to  ini])artial  arbitration.  You  will  in  that  case  be  authorized  to  consider, 
in  concert  with  Mr.  lilaine,  the  method  of  i»rocednrt^  to  be  followed. 

Ill  his  annual  message,  sent  to  Congress  on  the  first  of  the  present 
month,  the  President,  speaking  in  relation  to  the  Bering  Sea  question, 
said: 

The  offer  to  submit  the  question  to  arbitration,  as  propost^l  by  Her  Majesty's  (iov- 
erunient, has  not  been  aceei»te<l,  for  the  reason  that  the  form  of  submission  projiosed 
is  not  thought  to  be  calculated  to  assure  a  conclusion  satisfactory  to  either  pai't^k^ 

In  the  Judgment  of  the  President,  nothing  of  importance  would  be 
settled  by  proving  that  tjieat  Uritain  conceded  nojurisdiction  to  Russia 
over  the  seal  fisheries  of  the  Behring  Sea.  It  might  as  well  be  proved 
that  Bussia  conceded  no  .jurisdiction  to  Knglaud  over  the  Biver  Tliames. 
By  doing  nothing  in  eacli  case  everything  is  conceded.  In  neither  case 
is  anything  asked  of  the  other.  "  Concession,"  as  used  here,  means 
simply  acqtiicNceiice  in  the  rightfulness  of  the  title,  and  that  is  the  only 
form  of  concession  which  Russia  asked  of  Creat  Britain  or  which  Great 
Jhitain  gave  tc  Russia. 

The  second  offer  of  Lord  Salisbury  to  arbitrate,  amounts  simply  to  a 
submission  of  the  question  whether  any  country  has  a  right  to  extend 
its  Jurisdiction  more  than  1  marine  league  from  the  shore.  >'o  one 
disputes  that,  as  a  rule;  but  the  (luestion  is  whether  there  may  not  be 
exceptions  whose  enforcement  does  not  interfere  with  those  highways 
of  commerce  which  the  necessities  and  usage  of  the  w<nld  have  msirked 
(mt.  (Ireat  Britain,  when  she  desired  an  excei)tion,  did  not  stop  to 
Ciuisider  or  regard  the  inconvenience  to  which  the  commercial  world 
might  be  subjected,  ller  exception  placed  an  obstacle  in  the  highway 
between  continents.  The  United  States,  in  protecting  tln^  scid  fisher- 
ies, will  not  interfere  with  a  single  sail  of  commerce  (Ui  any  sea  of  the 
globe. 

It  will  mean  something  tangible,  in  the  Bresident's  ojiinion,  if  (Irent 
Britain  will  consent  t';  :i:bitiate  the  real  questions  which  have  been 


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286 


DIPLOMATIC    OOHRESPON]  )KNCE. 


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uiuler  discussion  between  tlie  two  (lovernnient.s  for  tlic  last  fonr  years. 
I  shall  endeiivor  to  state  what,  in  the  judgment  of  the  President,  th<»se 
issues  are : 

First.  What  exclusive  jurisdietion  in  the  sea  now  known  as  tlu' 
liehrinji'  Sea,  an<l  wliat  exclusive  riglits  in  the  seal  fisheries  therein, 
did  Jiussia  assert  and  exercise  j)rior  and  up  to  the  time  of  tlie 
cession  of  Ahiska  to  the  Tnited  States'? 

Second.  IIow  far  were  these  claims  of  Jurisdiction  as  to  the  seal 
lisheriesrecojiuized  and  conceded  by  (ireat  Uritain? 

Third.  Was  tlie  body  of  water  now  known  as  the  ljcriiij>'  Sea 

included  in  the  phrase  "  I'acitic  Ocean,"  as  used  in  the  treaty  ol 

,  1825  between  (I reat  Ihitain  and  Russia;  and  what  rij;hts,  if  any, 

\         in  the  IJehring  Sia  were  given  or  conceded  to  Great  liritain  by  the 

\       said  treaty  1 

\  Fourth.  Did  not  all  the  rights  of  Kussia  as  to  jurisdiction,  and 

\      as  to  the  seal  fislieries  in  Uehring  Sea  east  of  tlu'  water  bcmndary, 

\     in  the  treaty  between  the  Fnited  States  and  Russia  of  ^March  80, 

1807,  pass  unimpaired  to  the  United  States  under  tliat  treaty? 

Fifth.  What  are  now  the  rights  of  the  United  States  as  to  the 
fur-seal  fisheries  in  the  waters  of  the  Behring  Sea  outside  of  the 
ordinary  territorial  linnts,  whether  such  riglits  grow  out  of  the 
cession  by  Russia  of  any  special  rights  (u- jurisdiction  held  by  her 
in  such  fisheries  or  in  the  waters  of  Rehring  Sea  or  out  of  the  owner- 
ship of  the  breeding  islands  and  the  habits  of  the  seals  in  resorting 
thither  and  rearing  their  young  thereon  and  going  out  from  tin', 
islands  fw*  food,  or  out  of  any  other  fact  or  incident  connec^led  with 
the  relation  of  those  seal  fisheries  to  the  territorial  possessions  <>f 
the  United  States? 

Sixth.  If  the  determination  of  the  foregoing  questions  shall 
leave  the  subject  in  such  position  that  the  conciirreace  of  (ireat 
Biitaiu  is  necessary  in  prescribing  regulations  for  the  killing  of 
the  fur  seal  in  any  part  of  the  waters  of  Behring  Sea,  tlu'u  it  shall 
be  further  determined:  First,  ;iow  far,  if  at  all,  out^^'de  the  onTl''^ 
nary  territorial  limits  it  is  necessary  that  the  United  States  should  $ 
exercise  an  exclusive  jurisdic^tion  in  order  to  lu-otect  the  seal  tor 
the  time  living  upitn  the  islands  of  the  United  States  and  feeding 
therefrom.     Second,  whether  a  closed  season  (during  which  the 
killing  of  seals  in  the  waters  of  Rehring  Sea  outside  the  ordinary 
territorial  limits  shall  be  prohibited)  is  necessary  to  save  the  seal- 
fishing  industry,  so  valuable  and  important  to  mankind,  from  <le- 
t^rioration  or  destruction.      And,  if  so,  third,  what  months  or 
piirtsj)f  months  should  be  included  in  such  season,  and  over  what 
waters  it  should  exteiul. 
The  repeated  assertions  that  the  Government  of  the  Unite«l  States 
demands  that  the  liehring  Sea  be  pronounced  mare  vhdisum,  are  with- 
out foundation.    The  Government  has  never  claimed  it  and  never  de- 
sired it.     It  ex])ressly  disavows  it.    At  the  same  time  the  United  States 
does  not  lack  abundant  authority,  according  to  the  ablest  exponents  of 
international  law,  for  holding  a  small  section  of  the  Rehring  Sea  for  the 
protection  of  the  fur  seals,     ('ontrolling  a  comparatively  restricte<l 
area  of  water  for  that  one  specific  ])urpose  is  by  no  means  the  equiva- 
lent of  declaring  the  sea,  or  any  part  thereof,  mitrc  rlaiiNnm.     Nor  is  it 
by  any  means  so  serious  an  obstruction  as  Great   Ibitain  assumed  to 
make  in  the  South  Atlantic.  iu)r  so  gronndless  an  interfereiu'e  with  the 
common  law  of  the  sea  as  is  nuiintained  by  Ibitish  authority  to-day  in 
the  ludian  Ocean.    The  President  does  not,  however,  desire  the  long 


4 


\i  • 


' 


If 


JURISDICTIONAL    IMGKTS    IN    HEHINO    SEA. 


2S7 


> 


postponement  which  an  examination  of  legal  authorities  from  (Jlpiau 
to  IMiillimoro  ami  Kent  wouhl  involve.  lie  finds  his  own  views  well 
expressed  by  Mr.  Phelps,  our  late  minister  to  F'^njiland,  when,  after 
failinji'  to  secure  a  just  arran{>emeiit  with  (Jreat  Britain  touching  tlie 
seal  Jisheries,  he  wrote  tlie  following  in  his  closing  communication  to 
his  own  Government,  September  12,  1888: 

Much  Iciirniiiji;  liiis  liccii  expendiMl  ujiou  the  (Usciisisioii  of  tho  ahstriict  i|nnsti(>ii  of 
till!  ri);Iit  of  «i«;'6'  i^laiisinii.     I  do  not  coiicfivc  it  to  lie  iiiipliciililc  to  tlio  iircst'iit  caH«. 

Hei'i^  is  a  valuable  fishery,  and  a  larj^e  and,  if  piopcrly  inana<j;('d,  iioniiancnt  indus- 
try, tin'  property  of  the  nations  on  whose  shores  it  is  eairied  on.  It  is  ]iroposed  liy 
the  colony  of  a  foreiji;ii  nation,  in  detiaiiee  of  the  Joint  reiiioiist  ranee  of  all  the  eoiiii- 
tiies  interested,  to  destroy  this  Inisiness  hy  the  indiscriminate  slaii;;hter  and  exter- 
inination  of  tiie  animals  in  i|iiestion.  in  the  open  nei};'liliorin^'  sea,  dnrin;.;  tlie  period 
of  <;estation,  when  the  common  dictates  of  linmanity  rmnht  to  protect  them,  were 
tlieri'  no  interest  at  all  invidved.  And  it  is  snuj^ested  that  we  are  prt'vented  tyoin  de- 
fendin;^  ourselves  aj{ainst  such  depredations  liecaiise  the  sea  at  a  certain  uistance 
from  the  coast  is  tree. 

The  sann;  line  of  arjinment  would  take  under  its  prote<'tion  piracy  ami  the  slave 
trade  when  prosecnteil  in  thi'  open  sea,  or  would  Justify  one  nation  in  destiny  in '4;  the 
commerce  of  another  hy  placin,n'  dan,i>er()us  o  list  met  ions  and  derelicts  in  the  ojien  sea. 
near  its  coasts.  There  are  many  thiii<?s  that  can  not  he  allowed  to  lie  «h)n(^  on  tint 
open  sea  with  inipuiiity,  and  against  which  every  sea  is  marc,  chiiinnm;  and  the  rij^lit 
of  self-defense  as  to  ]iersou  and  ])roperty  prevails  (here;  as  fully  as  elsewhere.  If  the 
tish  upon  Canadian   coasts  could  he  destroyed  hy  scatterin}i;  poison  in  the  open  se 


adjacent  with  some  small  profit  to  those  eni^a^icd  in  it. 


ihl  Canada,  u]ion  the  Just 


principles  of  int«Tnatioual  law,  he  held  del'euseless  in  such  a  casef     Vet  that  process 
would  he  no  more  destructive,  inhuman,  and  wanton  than  this. 

If  ])rece(h'nts  are  waiitinj;'  IVn-  a  detense  so  necessary  and  so  jirojier,  it  is  hc^eaiise 
]trecedeiits  for  such  a  course  of  conduct  are  likewise  unknown.  The  hest  interna- 
tional law  has  arisen  from  jin-cedents  tliat  have  been  established  wlieii  the  Jnst  occa- 
sion for  them  arose,  iindetiirred  liy  the  discussion  of  abstract  and  inade(|iuite  rules. 

I  have  the  honor  to  be,  sir,  with  the  highest  (iousideration,  your  obe- 
dient servant, 

Jamks  G.  Blaine. 

[There  are  three  iiulosures,  to-wit :  Inclosiire  A,  treatii-s  of  1H2I  and  1S2."),  for 
which  see  Vol. — ,  ji.  — .  Inelosure  15.  list  of  majis.  printed  infra.  Inclosiire  C,  S(!c- 
tion  4  of  "An  act  to  regulate  the  intercourse  with  St.  Helena,"  for  which  see  Vol. 
-  p.  -■] 


[TiicloNure  B.] 

TAatof  earhf  mai)s,  with  special  desinnnlinn  of  waters  now  known  as  Behrintj  Sea,  with 

(late  and  place  of  pnhlicatinn. 

[In  tlit'Rc  inii|).H  the  waters  south  of  Hcliriiiu  Sim  iirc  variously  cl(>Mij;nalt>(l  as  the  I'acilio  Ocean.  Oi'iian 
]'a('iti(|iii'.  Stillcs  Mi'er;  the  (treat  Ocean,  llramh'  Mer.  (irosscM-  Oeean;  the  (treat  South  Sen, 
(Irossev  Si'ulSeo.  Mei'  du  Sail.  Anil  they  are  a^'aiii  liirther  iliviileil,  and  the  northern  pari  ilesinnaleil 
as  North  I'aiihe  Oeean.  I'artiedn  N'ordde  la  Merdii  Soil,  I'artie  du  Nord  de  la  (irande  Mer.  (■  rand  Ocean 
Unreal,  Nordllelier  'I'heil  des  (irossen  SuilMe',"r.><.  Ndrdlicber  'I'heil  des  Stillen  Xleiis,  Ndrdliihe  .StiJle 
Meei\  etc.  In  all  the  maps,  however,  tho  I'a' ilic  Oeean,  under  one  of  these  various  titles,  is  ilesig. 
inited  as  separate  from  the  sea.] 


Description  of  map. 


Accurate  eliart  of  North  America,  from 
the  hest  sources  (tJerman). 

Mail  made  under  diieetlon  of  Alililnul 
Gvosdef,  surveyor  of  the  Shestakof  ex- 
pedition iu  IT.'tO. 

Mappemonde,  hy  Lowitz 

(ieotcrapliieal  Atlas  of  the  Kuasian  Kmpire. 
.\lexander  Vostehiuine. 

Carte  de  I'ile  de  leso,  corrected  to  date, 
hy  Philip])!'  liiiaehe.  Acadi'uiy  of  Sci- 
ences, (li'o(;riipher   i>  the  Kinjr'. 

Miiller's  nnip  uf  th  discoveries  hy  the 
Kussians  on  tho  northwest  coast  of 
America,  pri'pared  for  the  Imperiul 
Academy  of  Scieuces. 


Designa  ion  of  waters  now 
known  as  Bering  Sea. 


Sea  of  Anadir 

ICanitchat-skisehes  Meer 


'  Mare  .\nadiricuni 

I  Kamtchatkaor  Beaver  Sea.. 

i 


AVhere  xniblished. 


Mer  do  Kaintchatka  . 


Sea  of  Kamtscliatka  . 


St.  Petersburg 

Berlin 

St.  Petersburg 


Paris  . 


St.  PetcrsbiH'g... 


*ITukuown. 


Date. 


(*) 
1743 

1740 
1748 

1754 
I7S8 


288 


DIIM.OMATIC    i'OWKKSl'ONDKNCE. 


Linl  ofvarly  iiKipn,  with  ileHifinalion  of  waUra  now  known  as  ISchrinfi  Sm,  etc. — Continiu"!. 


Description  of  map. 


D'AuviIlo'8  map  of  the  WuHtorn  Ilomi- 

Map  of  tlio  "  Hciiiispliciv  Si'ptciiti-loiial '' 
liy  Count  Ki'dl'eni,  pulilislicil  liy  Ito.val 
Acadcin.v  of  Sclcmcs. 
,  Map  (mltliHliril  ill  tlie  l^oiidoii  Ma<;a7,iiio. .. 

Map  liv  S.  Ilclliii,  fiigiiicor  of  tin-  lioyal 
Aradciiiy. 

KoiiVfUi^  Caitii  dcs  dt'coiivi-iirs  par  Ics 
vaJHsi'aiix  riiHsi-s  aiix  iiMrs  iiiiiiiiiiiirH 
d(^  rAm/'riqiic  Sept'lc;  Mi'illcr. 

Jcd'ery's  AniiTicaii  Atla.i,  priiitrd  liy  U. 
HaviTu  and  A .  Uciiiictt. 

Koa<)  map  from  Paris  to  'I'olioislo'ii 

Howlcs's  Atias;  map  of  t lie  world 

Map  of  tlio  t'aatiM'ii  part  of  tlio    KiiHsiaii  ' 
tt'rritory.  liy  •!.  'rruiusrott.  i 

Map  of  tlif  Ni'W  Nortlmrii  Ar(liipfla;;(i.  in 
tJ.  von  Staoliliii  Stoirl«sliiir};'s  aiuoiiiit 
of  tilt!  nortluTn  arciiipcla^o  lately  dis- 
covered liy  the  Itiissiaiis  in  tlicseasiif 
Kaiiiseliatka  and  Anadir. 

Samuel  Dunn's  map  of  Noiili  America 

Chart  of  Uiissian  discoveries  from  tlie 
map  piililislied  by  tlio  Imperial  Acad- 
emy of  St.  I'etcrsliiirj;  (Itolicrt  Saycr, 
print  seller),  published  as  tins  act  di- 
rects. 

JeHory's  atlas;  chart  containina;  part  of 
Icy  Sea  and  adjacent  t'oasts  of  Asia  and 
America,  published  ITT.'i,  accordintr  to 
a<!tor  I'arliament.  by  Saver  and  lieiinett. 

Jelfery's  atlas;  chart  ol'  the  "Uiissiaii 
discoveries,"  from  map  piiblislied  liy 
Tmpcrial  Academy  of  Sciences:  luili- 
lislied  by  Kobert  Saycr,  March  li,  ITT.'i. 

Atlas,  Thomas  .JetVery's  (Keoi;rnpher  to 
King).  American;  cliart  conliiiniuf;  the 
coasts  of  California,  New  Alliioii,  and 
the  Knssiaii  discoveries  to  the  north. 

Map  in  the.  French  Encychipedia 

Schmidt 's  A  this 

Jeflery 's  atlas 

Carte'der  KntdeknnKcn  zwiscln'ii  Siberia 
und  Amerii'a  liis  ziim  Jiilir  ITSO. 

Map  of  the  new  discoveries  in  tlie  Eastern 
')cean. 

••^t.  Peter.sbiirjr  atlas 

Halliluisel  der  Erde,  by  Hode 

Chart  of  the  northwest  coast  of  America 
and  tlie  northeast  coast  of  .\aia.  pre- 
pared by  Tiieiit.  Henry  Koberta,  under 
the  immediate  inspection  of  Capt.  Cook; 
piiblislied  by  AVilliam  Kadeii. 

Maji  of  tlie  Empire  of  Russia  and  Tar- 
tary.  by  V.  L.  (liilsefeld. 

Map  of  discoveries  made  by  tlie  Kussians 
and  by  Cajitain  Cook;  iilcxandre  Vi- 
breclii. 

Dunn's  atlas ;  map  of  the  world 

D'Aiiville's  atlas;  map  of  the  world, 
with    improvements.    ]irepared    for   J. 

-  Harrison,  as  the  act  directs. 

Meares's  'Voyajjes;  cliart  of  nortliwest 
coast  of  America. 

Chart  of  the  world,  exhibiting  all  the 
new  discoveries  to  tlie  present  time, 
with  the  tracts  of  the  most  distin- 
guished navigators  from  the  year  ITOO, 
carefully  collected  from  the  liest  charts, 
maps,  voyages,  etc.,  extant,  by  A.  .\r- 
rowsmitli.  geographer,  "asth.i'  act  di- 
rects." 

Chart  of  the  Great  Ocean  or  South  Sea. 
conformable  to  the  account  of  the  voy- 
age of  diicovery  of  the  French  frigates 
2a  Bousaole  aiul  VAitrolahe;  La  1'6- 
rouse. 

Karte  des  Nordens  von  America;  ii.  Fors- 
ler. 

Greenough  s  map  io  Wilkinson's  atlas 


Designiitinn  of  waters  now      „.,  ,  ,.  ,„,       ,,., 

known  as  Helirin"  Sea.         \M.cre  pnbli.shed.      Date 


Sea  of  Anadir 
Mer  Dormaiite 


Sea  of  Kamseliatka 
Sea  of  Kaint.4chatk;i 


Mer  do    Kam.schatka    and  j  Amsterdam. 
Mer  d'.\ii;idir.  ; 


Sea    of    K'lmtsithiitka    and     London { 

Sea  of  .\nadir.  '  I 

Sea  of  ICamlsiliatka ,  Paris 

Sc:i  ol'  Anadir I   l.ondiin 

Marc  Kamlsclialkieiisac. . ..    St.  Petersburg 

I  I 

Sea  of  l\;im.scliatka  and  Sea     London  . 
<if  A  nadir. 


Sea  of  Anadir ' do 

Se;i  of  Kanitselialka ijo 


Sea  of  Kamschatka . 


. .  do 


-do 


.do 


-do 


-do 
-do 


.do 


Paris 
.d<i 


do I  London. 

Kaiiit.scliatkisches  Mcer 1 


Kamtcliatka  or  ISeavcr  Sea  .    St.  retersbiir 


Sea  of  l\aiiitscliii;ka. 

ICamseliatlva  Seii 

Sea  of  Kamtschatka- 


...do  ... 
lierlin  .. 
Loniton . 


If  anitchatkische  oder  Hiber     Xiireinbcrg 

Meer.  \ 

Sea  of  Kamtcliatka i  St.  retcrsliiirg. 


Sea  of  Kamtschatka I  London  - 

.do ,b)  ... 


Sea  of  Kamseliatka. 
do 


.do 
.do. 


Sea  of  Kamtschatka Paris  . 


Kamschatka  Sea 

Sea  of  KaniLscbatka  . 


Berlin  . . 
London 


lT(i4 
lT(i(l 


ITliS    TJ 

ITIi!) 
ITTO 
ITTl 

1TT4 


1TT4 
1TT5 


1T70 


IT'^O 


1776 


1777 
1777 
1778 
1780 

1781 

17H-J 
l7Kt 
1784 


1780 

1787 


1788 
1788 


1790 
1790 


1791 

17M 
1791 ' 


JURISDICTIONAL    RIfJIITS   IN    BERIN<}    SKA. 


280 


\V 


lAtl  of  early  maps,  willi  denignntion  of  wakra  now  known  an  Hehr\,t<i  Sen,  ilv. — Coiitimiud. 


Dill. 


Deacriptioii  of  map. 


17(il 
17(i:i 


I7(i4 
17(1(1 

I7U() 


]7(iS-'72 

170!) 
1770 
1771 

1774 


1774 
1775 


177« 


17-(i 


1776 


1777 
1777 
1778 
I7«() 

1781 

1782 

1784 


''i:^li;;;';f!;:i;^i:^i;:;;'s,r^^  wi...r..,.u..iish...i.  mt.. 


Kuiiitclmtka  Svu  . 


SraiiC  ICniiitrliiitka 

KanilMclialUischcs  MctT  . . 
Svu  i>r  KaiiitHi'lialka 


do 

Kaiiiscliatka  Sea 

Kaiiilscliatkisi'lii'H  Mtri'  .... 

Si'a  of  IvaiiitMi'lialka 


.do. 


S(^a  of  ICaiiitcliiitka. 
Mci'dr  Kaiiilclialka 


Map  of  the  Bortlioasti^rn  part  of  Silimia, 

till'  Kfozcn  Sua  tli»i  Kastcni  Oicaii.  and 

iioitliwr.stcni  coasts  of  .Viiutrica,  iiidi- 

i^aliii;;  liilliiijin's  t^xpi'diliiiii. 

Airowsinilh'M  map  of  the  wwrlil 

Carte- von  .\ioni'iia,  F.  I..  (liilMefi'ld 

Atlas  of  .Mat hew  (,'aio.y  ;  map  of  the  world, 

fi'om   tlio   Ix'st  antlioritii's,  anil  map  of 

Itnssian  Kmpiro  In  Uiii'o|)i>  and  .Vsla. 
Chart  of  North  Amerlfa,  hy  J.   Wllkfs, 

"as  aft  directs." 

Ilalliko'iel  ilor  Krde 

Carte  vou  Nord-Anmrika,  by  K.  L.  (iulse 

fold. 
C.   V.    Dclmarcho's  atla.s;     Ma|>pemoiidc, 

liy  Koliert  dn  Vaiij;ondy,  incliidhif;  new 

disc-overi(!s  of  (Captain  Cook. 
La  I'eroUHc's  chart  of  the  (ireat  Orean  or 

Soolli   Sea,  eoMforniable  to  the   disc-ov- 

erlcs  of  the  Kreneh  frigates  la  Ilninxiil): 

uiuM'.lttnilahi;  jinhliHlied  in  innformity 

with  the  dee.re.e  of  the  Kreneli   Nalional 

AsKemhly,  1791.  translated  ami  printed 

liy  .l.dol'inson. 

W.  I  leather's  marine  alla« 

(IreenonfjirH  atlas;  map  by  VIbreebt,  en- 
tilled  "Carte  do  la  (-'ole  Xord-Oiiest  de 

I'.Vmerique  Seiilenlrionale,'  and  sbow- 

inu  IhediHeoverh's  of  tlii^  Uo.ssians.  and 

of  I'ortloik  and  Dixon. 
Wilkinson's  (jciieral   atlas;  a   new   Mer- 

ciitor's  chart,  drawn  from  the  latest  dis- 

covi'ries. 

Miip  of  I  ho  world ;  f  J  ruber}; 

Miip  ma;:a7,ine,  compo.sed  accordiii!;  to  the 

latest  ob.servalionsof  foreiirn  navifjalors, 

coirected  to  1802. 
Map  of  "  Meer  von  Ifamtsdiat-ka,"  wiMi 

the   routes   of  (^a))t.  Jos.    i>illin<;H  and 

Miirt.  Saucr,  drawn  by   Kred.  (lot/.e,  to 

ac(uimpany  report  of  ilillincs's  Uussian 

ollii'iiil  visitto  .Meutiaand  .\liiska. 
AtliLS  de.s    jran/.en  Krdkrel.ses,  by  (^liri.s- 

tian  (iottlleb  Keiclmrd. 

Arrowsmlth's  general  atlas 

Map  of  Savrilia  Saryt»chetf's  Joiirnoy  In 

thu  Northeast  .Sea. 
Jedediali  Morse's  mapof  Nor'h  Amerii'a.. 
Uobert  Wilkinson's  general   atlas;    now 

Mercator's  chart. 
Atlas  of  the  Itnssian  Empire,  ado))ted  hy 

the  general  direction  of  sclunds. 
(Jeneral  map  of  tlm  travels  of  Captain 

<ioh>vnin. 

Map  in  Cai'cy's  atla.s 

Lieutenant  Itolairts's  chart.  Improved  to 

date. 

■Ma)ipemondo  In  atlas  of  Jfaltc-I'run Bassin  de  Heliring  . 

Dunn's  atlas .' !  Sea  of  Ivaiilsch.ilka  . . 

Karte  dcs  (irossen    Oceans,  nsually  the     ICamlschatkisches  .Mei 

South  Sea;  Sol /.maun 


St.  I'eterabnrg 


London 

Niiremlierji .. 
I'hiladelpliia. 

Loudon  


.!  Niircmbc  ri; . 
.|...-do 

I'aris 

London  


-  ilo 

I'Minbnrtih. 


Sea  of  Kamtcluitka '  London 


Bncliio  di  Heiiiig 

IJeaver  Sea  or  Sea  of  Kaii 
tehatka. 

Meer  von  Kamlschalka .. 


(illM'V;l , 

SI.  I'eic  1 -ibMrj;..., 

Weimar 


Meer  von  Kamtchiii' 

Sea  of  TCamtchalka  - 
Sea  of  Iv;imsch;ilk;i . 


..do 


Sea  of  Kiinitchatka 

Kamtcluitka  or  lieaver  Si!i 
Kamtclialka  Sc;i , 


Sea  of  Kaintschalka 

do 


Sea  of  Kamtclialka  .. . 
Sea  id'  Kamtscli;ilka  .. 

do 

Hassiu  du  Noid 

Dassiu  de  liehriiig 


Bassin  du  Nord. 


Karte  von  Amerikii;  Streits 

Arrowsinith's  mai>  of  North  America 

Ma|i  of  tl'O  world  in  I'iukortou's  atlas 

^lap  by  Lapie 

"Carte  d'Amcrii|iie,    redigee  aprre  eelle 

(I'Arrowsinillienqiiartre  planches etsoii- 

mise  anx    obaervalions    astri>iionui|Ues 

de  M.de  ■lumlmldt."  by  Chaniiiion. 
Map  of  Oceanica,  or  the  Hfth  jiart  of  the 

world,  including  a  jiortion  of  America 

and  the  coasts  of  Asi;i.  by  H.  lirul'!. 
Neele'n  general  atlas;  Samuel  and  (ieorge 

Neele. 
Karte  von  America;    Geographii^   Insti- 

tnte.  ' 

Map  of  the  world,  by  von  Kriisenslern 

Encypropl.vpe     de    rAni6riiiuo    Septen- 

trionale,  by  Bru6. 
smith's  general  atlas.... Seaof  Kamtcbatka 

1  This  cliiirt  also  designates  the  coast  from  Columbia  Kiver  (4!)^) 
"Nord-WestKuHte." 

3? 


.do. 


London  

Liipsic 


Itoslon.. 
London  . 


St.  I'eterslMirg 

...do 


London 
...do.. 


Paris  - .. 
London  . 
llamlmr' 


Weimar 
London  - 
..-do  .... 
I'aris  ... 
...do... 


Sea  of  Kanitchatka 

Meer  vou  Kamtcliatka. 

Steer  von  Ivamschatka 
Itassin  du  Noril 


.do 


Limilon 

Weimar 

St.  I'etcrsburg 

I'aris 


to 


.    Loudon I 

Capo  Klizabeth  (00'') 


17'J1 


1704 
1700 
17U0 


17110 

1707 
1707 

17!)7 
1708 


1709 

ISIIO 


1800 


I8irj 

18U2 


i8o;t 


1803 

1S(I4 
180.'i 

1.><(I.-1 

l.'<07 

1807 

1807-0 

1808 
1808 

1809 
1810 
1810 

1810 
1811 
1812 
1H12 
1813 


18); 

1814 
1814 
1815 

in5 

1815 
as  the 


I 


(■' 


290 


DIPLOMATIC   CORRESPONDENCE. 


Lht  of  early  map$,  with  (hsignallon  of  wafers  now  known  as  Hehrhig  Sen,  etc. — roiitimied. 


DcRcription  of  map. 


])i3Mi;;Mali((li  of  ivalorn  now 
known  iih  JielirinK  St'ii. 


AVlieri!  ])iil>liHli(;il. 


All^enirlno  Weltkartc,   with   voyafio    of 

KrnHimHti'rn. 
(irinid    Allan  t'nivcrsiil.  ciUtcd  by  Olion 

Jd'srny  ;    MniuM'niontU',     l)y     (ioii,ion, 

K<x')irai>lu'i'. 
Alias  i'liMiixiit^iiro,  by  Lnitir  et  roirson... 
AiiiiM'i(|n<' Scptt'ntrioiuilo  rt  Muriilionnlc; 

l.apic. 

Mill)  ill  Tlioi;i|iMon'H  alliiH 

Victiliiii:  IjIK'hs's  atlan 

Iti'icliiii'il  Hiitl  von  Hallrr'H  (itTiiiaii  atlas. . 

iMap  in  (irt-t'iioiiKirx  allOH 

John  I'iiikert'OirH  iiiodoni  atlas 

^Iapcii;jrav«'(l  liy  Kirkwooil  &  Son 

Chart  of  tliK  UirNMian  and  KiiKlish  discov- 

i'vics   ill   tli«  North    racillr   Ocean,   by 

Cftpt.  JaincH  liuriiov,  F.  K.  S. 
Carlo  (i6ii6rale  de  rAiuOriiiuo;    Du  La- 

niarcho. 
Carlo    d'Aiii('ri(nio  Sejit'lc    ct  M6rid'U'; 

llminon. 
Chart   of  Alaska,    by  J.  K.  Eyries    and 

Malti-Itnin. 
Chart  of  till'  An'tic  Ocean    and   North 

America,  liv  Lapio. 

Carte  lieiieraledii  (ilolio;  liriiiS 

Mappeniondu  Tardieii 

Atlas  of  La  Vojfne;  M.  Carey 

Atlas  I'niversaT  of  A.  If.  Brii6 , 

^Mappeiiionde;  Ilerri.son 
"llaii  to  il" 
f'ieldint; 
Do 


Sea  of  Kanitsehatka London  . 

ISassin  dii  Nord I'aris  ... 


Hassin  dii  \ord  on  i\v,  Iteriii^ 
Merdc  lieriiijioii  liassin  dii 
Nonl. 

Sea  of  Kaintseliatka 

do 

Sea  of  Kaiiisehatka 

Sea  of  Kaiiitrhatka 


....do 
....do 


no 

Sea  iif  Kainlsrhalka    

Sea  of  Kaiiisehat  ka 


Ediiibiii  uli. .. 

Italtiiiiore 

Weimar 

Kdiiiliiiruh.. . 
riilladelphia. 
Kiliiiliiir^lh... 
l..oii(h)n 


Mer  d(.'  Ileriii);  ou  Itassiii  dii     Paris 

Nord. 
Ilassin  dii  Nord do 


Ik'hriiig  Sei 
do.... 


....do  ... 
Weimar 


Mer  de  liehriiin I'aris 

Mer  de  IlehriiiL;  do 

Sea  of  K  anile  hilt  ka I'hiladelphia. 

Merde  l!eriii.' ,  I'l    ' 


Date. 


•| 


Mail  to  illustrate  the  voyaco  of  ICotv.t.biio. 
Fieldint;  Lucas's  Atlas 


Ameri(|iie  Septentrioinile;  Lapie 

Atlas  ('lassii|iie  et  L'liiversel,  fiy  M.  Lapie. 


Anthony  Finley's  Atlas 

Atlas  of  Hueho'nj  cartes  des   Possessions 
Kiisses. 

Ma]i  in  liii tier's  Atlas 

Atlas  Iliatorico  du  Lo  Sage 


do 


.Merde  lichriiia 

Sea  of  Kaint.sehatka St.  I'etersliiiifi 

do l'hiladel|iliia. 

do Uallimore  ... 

Merde  liehrin;; I'aris 

Merde    Itehrin;;  on  Iiassln    do 

du  Nord.  | 

Sea  of  Kniiitschatka I'liiladelphia. 

JJassiii  du  Nord i  I'aris 


Sea  of  Kamschatka  . 
Mer  db  IJering 


London  . 
Paris  . . . 


1815 
181G 


1810 
1817 

1817 
1K17 
1S18 
1K18 
lt«18 
l«l!l 
IKIK 


1819 

1820 


1821 
1821 

1821 

1H2I 
1821 
1K22 
18211 
lH2:t 

I82:i 
lK2:i 

1S24 
1824 

1824 
1825 

1825 
•182'J 


Lord  Salisbury  to  Sir  Julian  Pauncefote. 

No.  34.]  Foreign  Office,  Fehruari/  31,  1S91. 

Sir:  The  dispatch  of  Mr.  Blaine,  under  date  of  the  17th  Deceiuber, 
has  been  carefully  eonsitlered  l>y  Iler  Majesty's  Goveriiineiit.  The 
effect  of  the  discussion  which  has  been  carried  on  between  the  two 
Governments  has  been  materially  to  narrow  the  area  of  controversy. 
It  is  iu>w  (luite  clear  that  the  advisers  of  the  I'lesident  do  not  chiiin 
Behrinfj;'s  Sea  as  a  mare  elaiisum,  and  indeed  that  they  repudiate  that 
contentitm  in  express  terms.  Ntu-  do  they  rely,  as  a  Justification  for 
the  seizure  of  British  ships  in  the  open  sea,  uixni  the  contention  that 
the  interests  of  the  seal  fisheries  j^ive  to  the  United  States  Government 
any  rij^ht  for  that  purpose  which,  accordiii};'  to  international  law,  it 
would  not  otherwise  possess.  VVHuitever  iinpoiiance  they  attach  to  the 
pi'eservation  of  the  fur-seal  species — and  they  Justly  look  on  it  as  au 
object  tleserviufj;  the  most  serious  solicitude — they  do  not  (.'onceive  that 
it  conterH  upon  any  maritime  power  rights  over  the  open  ocean  which 
that  power  could  not  assert  on  other  grouiuls. 

The  (^laim  of  the  Uuited  States  to  prevent  the  exercise  of  the  seal 
fishery  by  other  nations  in  Behrinj?  Sea  rests  now  exclusively  upon  the 
interest  which  by  purchase  they  possess  in  a  ukase  issued  by  the  Em- 
l)eror  Alexander  I,  in  the  year  1S21,  which  i)rohibit8  foreign  vessels 
frtmi  approaching"  within  100  Italian  miles  of  the  coasts  and  islands 


'  Seo  also  globe,  London,  1797,  by  D.  Adams,  globe  maker  to  the  -King,  on  which 
Beriug  Sea  is  designated  as  Eastern  Ocean. 


/ 


I  •'^•t^ 


JURISDirTIONAL   RTGIITS   IN    nEF{lNG   SEA. 


291 


then  bcloiijiiiif;  to  IJussiii  in  Uchriiip;  Soa.  It  is  not,  as  I  undcrstiind, 
contended  tliat  the  liiissiaii  (Jovcrnnicnt,  at  tin*  time  of  tlu'  issm*  of 
this  nkase,  jjosscssi'd  any  inherent  riylit  to  <ntoi'<!e  such  a  proldbition, 
or  ac([nired  l).v  tlio  act  of  issninj>'  it  any  claiins  over  tlieopen  sea  beyond 
the  t(>rritorial  limit  of  li  miles  whicli  they  would  not  otherwis*^  have 
jtossesst'd.  lint  it  is  said  that  this  |U'oliil>ition,  worthless  in  itself, 
acquired  vali<lity  and  force  against  the  ilritish  (iovernujent  because 
that  Govi'rnment  can  b(^  shown  to  have  accepted  its  i>r(>visions.  The 
ukase  was  u  mere  usnri)ation;  but  it  is  said  that  it  was  conv»'rted  into 
a  valid  international  law,  as  aj-ainst  the  IJiitish  (Joverument,  by  the 
admission  of  that  (Joverument  itself. 

I  am  not  comteiiu^d  to  dispute  the  contention  that  an  invalid  claim 
may,  as  aj^ainst  another  (Jovernment,  acipiire  a  validity  which  in  its  in- 
ception it  did  not  ])osse8s,  if  it  is  formally  or  ellectively  accepted  by 
that  (lovernment.  P>ut  the  vital  ([uestion  for  decision  is  whether  any 
other  Clovi'rnment,  and  esi)ecially  whether  the  (Jovernment  of  Great 
Uritain,  has  ever  accepted  the  claim  put  forward  in  this  ukase.  Our 
contention  is,  that  nut  (udy  can  it  not  be  shown  that  the  (Jovernment of 
(Jreat  Uritain,  at  any  time  sin(!e  bSLM,  has  admitted  the  soundness  of 
the  pretension  put  forward  by  that  ukase,  but  thatit  can  be  shown  that 
it  has  categori(;ally  denied  it  on  more  than  one  occasion.  On  the  l.stli 
.January,  1822,  four  months  after  the  issue  of  the  ukase.  Ford  London- 
deriy,  then  Ibitish  foreif^n  secretary,  wrote  in  the  following'  t«'rms  to 
('ount  Lieven,  the  llussian  ambassador  in  London: 

l'|M>n  tlui  siilijt'ct  lit'  tliiM  iika.sc  jfcnoriilly.  and  rspcciiilly  upon  the  two  niniii  priii- 
(•iplcs  of  cliiiiii  laid  down  theri'in,  viz.  an  (exclusive  sovonMjfiity  allcffcd  to  liclou};  to 
liiissia  ovi'i'  the  tcrritoricts  dn-i'iMii  described,  as  also  tln^  cxidiisivc  riylit  <>•'  iiavi<;at- 
in;^'  and  trading;  within  tlw  niaritinio  limits  thiTi'in  sot  foitli,  Mis  Hritannic  Majosty 
must  1)<'  nndt'i'stood  as  luTtOiy  rt'servin^t  all  his  rij^iits,  not  licinji;  jirepart'd  to  admit 
that  the  intercourse  which  is  allowed  on  the  face  of  this  instrument  to  have  hitherto 
snltsisted  on  these  coasts  and  in  those  seas  can  he  deemed  to  be  illicit;  or  that  the 
ships  of  fiiendly  jiowers,  even  sn])iHisin<j  an  nnqualitied  sovereiffiity  was  ]>roveil  to 
appertain  to  the  Im]>erial  Crown  in  these  vast  and  very  imperfectly  occupied  terri- 
tories, (MMild,  by  the  a(dvnowled;r(>d  hiw  of  nations,  be  cxelnded  from  navi<rating 
within  the  distance  of  100  Italian  miles,  as  therein  laid  down,  from  the  coast. 

On  the  17th  October,  in  the  same  yettr,  the  Duke  of  Wellington,  am- 
bassitdor  at  Verona,  addressed  to  Count  Nesselrode  a  note  containing 
the  following  words: 

■  Objectinfi;.  as  we  do,  to  this  claim  of  exclusive  sovereijjnty  on  the  jiart  of  Rnssi'., 
I  niiji'ht  save  niystdf  the  trouble  of  discnssinu;  the  particular  mode  of  its  exercise  as 
set  forth  in  this  ukase.  Hut  we  object  to  the  sovereiffufy  ])ro])o8ed  to  be  exercisiMl 
unch-r  this  ukase  not  less  than  we  do  to  the  claim  of  it.  M'c  can  not  admit  the  rii/lit  oj 
aiijf  pdwtr  ponsexxhifi  the  sinu'rch/iiln.of  n  coHniri)  to  exclude  the  rennch  of  others  from  the 
sean  oil  ifn  coasts  to  the  dislaiux  of  100  Italian  miles. 

Again,  on  the  28th  November,  1822,  the  Duke  of  Wellington  addressed 
a  note  to  Count  Lieven  containing  the  foUowing  w<u'ds: 

'I'he  second  ground  on  which  wo  object  to  the  ukase  is  that  His  Imperial  Majesty 
thereby  excludes  from  a  <'ertnin  <'onsiderable  extent  of  the  open  sea  vessels  of  other 
nations.  We  contend  that  the  assum))tion  of  this  power  is  contrary  to  the  law  of 
nations,  and  we  can  not  found  a  neirotiation  upon  a  p;.per  in  Avliich  it  is  again 
broadly  asserted.  Wc;  contend  that  no  ])ower  whatcnia-  can  exclude  another  i'rom 
the  use  of  the  o])eii  sea;  a  power  can  exclude  itself  from  the  navigation  of  a  certain 
coast,  sea,  etc..  by  its  own  act  or  engagement,  but  it  can  not  by  right  be  excluded 
by  anotlu^r.  This  wi^  consider  as  the  law  of  nations,  and  wo  can  not  negotiate  upon 
a  pa]ter  in  which  a  right  is  asserted  incinisistent  with  this  principle. 

It  is  evident,  therefore,  that  so  far  as  diidonnitic  reiuesentation  went, 
the  King's  (xovernnient  of  thtit  thtte  took  every  step  which  it  wsis  in 
their  ])ower  to  ttike  in  (U'der  to  make  it  cletir  to  the  Kus.siau  (Jovern- 
ment that  Cii'tiat  Britain  did  not  accept  the  claim  to  exclude  her  sub- 


/f 


292 


DIPLOMATIC    CORRKSPONDKXOE. 


j<M'ts  for  100  inilcs'  distaiu'e  fioin  flic  coast,  whirli  luul  boon  pntforwarA 
in  tlu^  nkiiMO  of  IS21. 

Mr.  liliiine  <lo«'8  not  <losiI  with  thoso  protests,  wliicli  appoiir  to  Ilor 
Miijosty's  (lovornniont  to  hv  in  tlu'nisolvos  amply  sunicient  to  docido 
tlio  (piestion  wlictlior  (Jroat  IJritain  did  or  did  not  ac^qniosoo  in  the 
Itiissian  claim  put  forward  by  the  uUasi'.  lit'  continos  hinisidf  mainly, 
in  the  dispatch  under  (!onsid»'ration,  to  the  consideration  of  the  treaties 
which  were  subsc(piontly  made  between  (ireat  Britain  and  Russiu  and 
Ameiica  and  Ifiissia  in  the  year  ISi*."),  and  especially  of  that  between 
Ivussia  and  (Jreat  Hiitain.  This  treaty,  of  whicdi  the  text  is  priiite«l 
at  the  close  of  Mr.  JMaii.o's  dispatch,  does  not  contain  a  Avord  to  signify 
the  accpiicscence  of  (Iroat  llritain  in  the  claim  recently  put  forward  by 
llussia  to  control  the  waters  of  the  sea  for  100  miles  from  her  coast. 
Tln're  is  no  stipulation  u]>on  which  this  interpretation  <'an  Ite  imjtosed 
by  any  process  of  construction  whatsoever.  But  there  is  a  ])rovisi(»n 
havinjn',  in  our  Judfiinent,  a  totally  opjxjsite  tendency,  which  indeed  was 
intended  to  ncjiative  the  extravagant  (daim  that  had  recently  been 
made  on  the  part  of  Russia,  and  it  is  upon  this  provision  that  the  main 
l)art  of  Mr.  Blaine's  argument,  as  I  understand  it,  is  founded.  The 
stipulation  to  which  1  refer  is  coutaiuod  in  the  first  arti<!le  and  runs  as 
follows: 

AuTK'i.i'".  1.  It  is  iijfrood  that  tlio  rcHjx'ctivc  siiltjccts  of  tlit!  liifj(h  coiitriictinj;  jiiiv- 
tics  Hliall  iu)t  ho  troiihh'd  or  iiinh'stcd  in  any  part  of  tlio  (x't-aii  ('(iiiiiDoiily  callcil  tiio 
I'acilic  Ocean,  citlicr  in  navi!;atin;;  the  same,  in  llsi)in<r  thiTi'in,  or  in  hintlin^  at 
HiH'h  )iart)i  of  th(!  coast  as  sliali  not  lia\c  hccii  ah'cady  occn|»i«'d,  in  order  to  tracU- 
with  the  natives,  under  tliu  restrictions  and  conditions  s2)oeillod  in  tlio  t'ullowin^ 
articl<'s. 

1  understand  Mr.  Blaine's  argument  to  be  that,  if  (Ireat  Britain  had 
intentb'd  to  protest  against  the  claim  of  Russia  to  ex(dude  ships  for  100 
miles  from  her  coasts  in  Behring  Sea,  she  would  have  taken  this  oi>p(U'- 
tunity  of  doing  so;  but  that,  in  confining  herself  to  stipulations  in 
favor  of  full  liberty  of  navigati(m  and  fishing  in  any  part  of  the  ocean 
commonly  calle«l  the  Pacific  Ocean,  she,  by  implication,  renounced  any 
claim  that  could  arise  out  of  the  same  set  of  circumstances  in  regard  to 
any  sea  that  w  as  not  part  of  the  Pacific  Ocean.  And  then  Mr.  Blaine 
goes  on  to  contend  that  the  phrase  "Pacific  Ocean"  did  not  and  does 
not  include  Behring  Sea. 

Even  if  this  latter  contention  were  correct,  I  should  earnestly  demur 
to  the  conclusion  that  our  inherent  rights  to  free  juissage  and  free  fish- 
ing over  a  vast  extent  of  ocean  could  be  effectively  renounced  by  mere 
reticence  or  omission.  The  right  is  one  of  which  we  could  not  be  de- 
prived unless  we  consented  to  abandon  it,  and  that  consent  could  not 
be  suflftcieutly  inferred  from  our  negotiators  having  omitted  to  men- 
tion the  subject  upon  one  particular  occasion. 

Jiut  I  am  not  prepared  to  admit  the  justice  of  Mr.  Blaine's  contention 
that  the  words  "Pacific  Ocean"  did  not  include  Behring  Sea.  I  be- 
lieve that  in  common  parlance,  then  and  now,  Behring  Sea  was  and  is 
part  of  the  Pacific  Ocean ;  and  that  the  latter  words  were  used  in  order 
to  give  the  fullest  and  widest  scope  possible  to  the  claim  which  the 
British  negotiators  were  solemnly  recording  of  a  right  freely  to  navigate 
and  fish  in  every  part  of  it,  and  throughout  its  entire  extent.  In  proof 
of  the  argument  that  the  words  "Pacific  Ocean"  do  not  include  Bering 
Sea,  Mr.  Blaine  adduces  a  long  list  of  maps  in  which  a  designation  dis- 
tinct from  that  of  "Pacific  Ocean"  is  given  Behring  Sea;  either  "Beh- 
ring Sea,"  or  "  Sea  of  Kamchatka,"  or  the  "  Sea  of  Anadir."  The 
argument  will  hardly  have  any  force  unless  it  is  applicable  with  equal 
truth  to  all  the  other  oceans  of  the  world.    But  no  one  will  dispute 


'4 


JURISDICTIONAL   RIfillTS   IX    UKRINO    SKA. 


203 


-4 


that  tho  Uiiy  of  His(!iiy  forms  i)iirt  of  tlie  AthiDtir  Ocoaii,  or  that  tlio 
(lulf  of  Lyons  foniis  psirt  of  i\w  .Moditenaneaii  Sea;  ami  yi't  in  most 
n>ai)sit  will  be  found  that  to  tliost>,  portiou.s  of  the  hnyor sea  a  separate 
designation  has  ht'cn  {•iven.  Tin^  ([Ui^stion  whctiifr  hy  tlie  words  »•  I'a- 
citir  Ocean"  tiii^  negotiators  meant  to  inchide  or  to  exclude  IJehiiny  Sea 
depends  upon  whieli  locutitui  was  esteemed  to  he  the  eorrcet  usa;-*'  at 
the  time.  The  date  is  not  a  distant  one,  and  there  is  no  };round  tor  su;>'- 
jicsMu;:  that  the  usaye  has  ehau;;'ed  since  tin'  .\nfflo  Uussiiin  treaty  of 
ISli.")  was  sifi'iied.  The  deteiiniuation  of  this  pitint  will  he  most  satis- 
factorily ascertaiiu'd  by  considtiiiy'  the  ordinary  boidvs  of  refer«'nce.  I 
appeiul  to  this  dispatch  a  list  of  some  thirty  works  of  this  class,  of 
vaiious  dates  from  17!>ri  downwards,  and  printed  in  various  countries, 
which  i'ombine  to  show  that,  in  cnstoimiry  parlance,  the  wonls  "  l*a- 
citic  Ocean ''  (h»  inchuh'  Mehriu};  Sea." 

If,  then,  in  ordimuy  lanjiimye,  the  l'acifi<'  0(!ean  is  use<l  as  a  phrase 
inclndinj;  the  whole  sea  from  Ilehrinj;' Stiaits  to  the  .\ntarctic  Circle,  it 
f<»llows  that  the  1st  article  of  the  tn^aty  of  1SL*.">  did  secure  to  ( Jieat 
Ili'itain  in  the  fullest  nuniner  the  freedom  of  navigation  and  tishin**'  in 
Ih'hring  Sea.  In  that  case  no  inference,  however  indire<'t  (u-  circtntous, 
can  be  drawn  from  any  (unission  in  the  language  of  that  instrument  to 
show  that  (Ireat  Miitain  ac(|uiesced  in  the  usurpation  whii-li  the  ukase 
of  ISlil  had  attempteo.  The  other  documents  which  I  have  <pn>tcd 
snilicicntly  establish  that  she  not  only  did  not  acquiesce  in  it,  but  re- 
]>udiated  it  nutre  than  once  in  plain  and  une(piivocal  t(M'ms;  and  as  the 
claim  made  by  the  ukase  has  no  strength  or  validity  except  what  it 
might  <lerive  from  tlu'  assent  of  any  iM)wer  whom  it  might  alfect,  it  ri'- 
sults  that  Kussia  has  never  ac<piired  by  the  ukase  any  right  to  curtail 
tin'  natural  liberty  of  ller  Majesty's  subjects  to  navigate  (u- fish  in  these 
seas  anywhere  outside  territorial  waters.  And  what  Russia  did  not 
hei'self  possess  she  was  not  able  t<)  transndt  to  the  United  States. 

nerMaj(^t;y^iiiiYiiniiiiiiii^  the^e_euiii!id.eratij>n„s,  no 

dnTfnrwTTauTver  that  Britisli  jsubjiicts  eujoy  the  same  lights  in  BcJiriug 
Sea  which  belong  to  them  in  ei>T^MitUiULpj?rtnU'-Of.l^h<'llM'^ 
itiivJievertheless^ii  nnitter  nt j»i|i<'<'i<'  xntis^fiictimt  f}iiii  flie  l'r<'.stiii<'iif  is 
willing  to  retiT  fo  arT>rFrafion  what  he  conceivc^slgjjc  the  matters  whiji,*h 
liTive  been  ifinfer  dis<'nssion  i)etween  the  two  (j^()y'tTi>meilGjbrTF>e  last 
four  years.  In  r<'gard  to  the  questlc)nsas  they  are  projtosed  by"  iHr. 
lihune,  I  should  say  that  as  to  the  first  and  second,  no  objection  will  be 
ottered  by  Her  Alajesty's  (lov«'rnment.    They  are  as  follows: 

(1)  What  exclusive  J nrisilictitui  in  tlio  hcu  ni)\v  known  as  tlit-  Hi-lirinK  Sea  and  what 
exclusive  i-ij^lits  in  tiic  seal  lisbcrjes  tlicrein  did  Russia  assert  anil  excreise  prior  and 
up  to  the  time  of  tiio  cession  of  Alaska  to  the  Tuited  States? 

(2)  How  far  were  these  claims  of  Jurisdiction  as  to  the  seal  liaherics  recotfuizod  and 
conceded  by  (Jrcat  Britainf 

The  third  question  is  expressed  in  the  following  terms: 

Was  tlie  hodyof  water  uow known  as  the  I?(dirin<?  Seainduiled  in  the  phrase  "Pa- 
cific Ocean ''as  used  in  the  treaty  of  isi!.")  between  Orcat  Britain  and  Russia  and 
what  rijjlits  (if  any)  in  the  Hehriiif?  Sea  were  jfiven  or  coiu'eded  to  Great  Uritain  by 
the  said  treaty  f 

Her  Majesty's  Government  would  have  no  objection  to  referring  to 
arbitration  the  first  part  of  that  question,  if  it  should  bethought  desira- 
ble to  do  so;  but  they  would  give  that  <;onsent  with  the  reservation  that 
they  do  not  admit  that  the  decision  of  it  can  conclude  the  larger  ques- 


'For  appendix  to  this  dispatch  see  Senate  Ex.  Doc.  No,  55,  Fifty-second  Congress, 
first  session,  pp.  21-23. 


204 


MIM.OMATIC"    ('<)1{|{I:sI'ONI>|;N('K. 


tions  wliicli  till'  iiil»itriit<>r  would  lisivc  toiU'tcniiiiu'.    To  tlio  liitttT  pait 
of  No.  .'{  if  would  Ih' llicii' (liil.v  to  tiikti  t^\c«'|»li((ii: 

Wliiit  riylifs  iliiiiy,  in  tlic  llcliriiiK  Sfii  were  ;iiM'ii  oi'  ((Hicftli'il  to  (Irciit  llritiiin  liy 
tht!  suitl  ticiily  i 

(Jrciit  Hiitaiii  lias  iicvtM-  su^^j'cstcd  tliat  any  liHlits  wvw  j>iv»'ii  to  lior 
or  coiic^'dcd  to  Imm-  h\  tlu*  said  trraty.     All  that  was  done  was  to  rrcoy 
iii/.c  her  natural  rijulit  of  tree  na\  ij>ation  and  hshiii<;  in  that  as  in  all 
other  pai'ts  of  the  I'iicilic  ()c«>aii.     liiissia  did  not  ^ivc  those  rights  to 
(Ireaf  IJritain,  Ix'Ciiast'  they  weie  lunor  hers  to  ^Ive  away. 

( I )  hill  not  III!  tlif  riijlits  of  RiisNiu  sis  to  jiiiisilictinn  jiiiil  nx  to  tlio  sctil  lis1ii>i'ios  in 
Itcliriii;;  Scii  (!iMl  of  tlic  WiittM'  lioiiiiiltir.v  in  tlin  treaty  iM'twccn  tlic  riiilcd  Stfitcn 
iinii  Itiissia  of  tlic  liatli  Miiirli,  IHtIT,  pass  nninipairoil  to  tin*  I'nitcd  Hlatis  nndt  r  that 
licaly  .' 

This  fouith  (|uestioii  is  haidly  worth  referriu};  to  an  arbitrator,  as 
(Ireat  ilritain  would  he  prepared  to  aeeept  it  witliout  dispute. 
The  lifth  proposed  ipiestion  runs  as  follows: 

(">)  What  aic  now  the  rights  of  the  I'niteil  States  as  to  tin-  fnr-soal  lishcrics  in  tho 
watriM  of  tlir  Itrhiin^  Sea  ontsidc  of  the  or<linary  ffiTJtorial  limits,  ^vh^th<'^  Nncli 
ri;;lils  jriiiw  oiit  ot'  tlio  ctissioii  by  Knssia  of  any  sjiocial  ri;^iits  or  JiiriNilirtion  In-hl 
l>y  her  ill  such  lishci'ios  or  in  the  waters  of  llehrin;;  Sea,  or  out  of  tho  ownership  of 
the  l)reciliiiji>'  islam  Is,  and  the  ha  hi  Is  of  tin^  seals  in  I'esin'liii^'  t  hit  her  a  lid  rcariii;>;  their 
yoiin^  thereon,  ami  <;'oiii.i;  out  from  the  islands  for  food,  or  out  of  any  other  fact  or 
incident  connected  with  the  relation  of  those  seal  tishcries  to  the  territorial  posses- 
sioiis  of  the  I'nited  Stattfsf 

The  lirst  elause,  "What  are  now  the  rights  of  tlie  Tinted  States  as 
to  the  fur-s(^al  tisheries  in  the  wat«'rs  of  tlie  Ilehriny  Sea  (aitside  of  tlu^ 
ordinary  territorial  limits?"  is  a  question  wlii<'h  would  he  very  properly 
referred  to  the  de<'ision  of  an  arbitratol'.  I»ut  the  subsecpu'iit  claiis*^, 
which  assumes  that  such  riylits  could  have  j;rowii  out  of  tlie  ownership 
of  the  hree<linf>'  islands  and  the  habils  of  the  seals  in  resovtin}»'  t'  reto 
involves  an  assiimiitioii  as  to  tln'  pii'scriptioiis  of  internatioini'  iw  at 
the  incseiit  time  to  which  Her  Majesty's  (lovernineiit  are  not  pi  ,iai'ed 
to  accede.  The  sixth  (piestion,  which  deals  with  the  issues  tiiat  will 
arise  in  case  the  controversy  sliouhl  be  decided  in  favor  of  (Ireat  Brit- 
ain, w<mld  perhaps  more  fitly  form  the  substance,  of  a  sepiirate  reference. 
Her  Majesty's  (lovernment  have  no  objection  to  refer  the  {i'eneral  ques- 
tion of  a  close  time  to  arbitration,  or  to  ascertain  by  that  means  how 
far  the  enactment  of  such  a  provision  is  necessary  for  the  ]>reservafion 
of  the  seal  species;  but  any  such  n'fereuce  ouj>;lit  not  to  contain  words 
ajipeariii};-  to  attribute  special  and  abnormal  rights  in  tlie  matter  to  the 
United  States. 

There  is  one  omission  in  these  questions  which  1  have  no  dotibt  the 
Government  of  the  President  will  be  very  glad  to  repair;  and  that  is 
the  reference  to  the  arbitrator  of  the  question,  what  damages  are  due  to 
the  i)ersons  who  have  been  injured,  in  case  it  shall  be  determiiu'd  by  him 
that  the  action  of  tlnj  Unitetl  States  in  seizing  British  vessels  has  been 
without  warrant  in  international  law'.  Subject  to  these  reservations  Her 
Majesty's  (Tovernment  will  have  great  satisfaction  in  Joining  with  the 
(i(>vernmeut  of  the  United  States  in  seeking  by  means  of  arbitration  an 
adjustment  of  the  international  questions  which  have  so  long  formed 
a  iiiat*'er  of  controversy  between  the  two  governments. 

I  have  to  reipiest  that  you  \vill  read  this  dispatch  to  3Ir.  Blaine,  and 
leave  a  (!0])y  of  it  with  him  should  he  desire  it. 
I  am,  etc., 

Salisbuiiy. 


ull'!',' 


JUUISDICTIONAL    RKJIITH    IN    HKRINd    SKA. 


2!)5 


Mr,  liluinv  to  Sir  Julian  I'autivvfntv. 

Dki'AKtmk.nt  i»k  Statk, 
W'tiHliiiijitnii,  ApiH  II,  isit]. 

Sill:  Tlic  inodincijtiotis  wlilcli  lionl  Siilisldiiy  sii;iji«'sts  in  tlic  (inrs- 
tiniis  tor  iiilMtiiitioii  (1(»  unt  wholly  iiicci  the  views  ol'tlu;  Prcsidt'iit:  lu^t. 
tli<-  IM-csiilciit  (;liiiu<>('s  Mi(>  text  n|'  tlir  tliiid  :iii<l  tilth  in  such  iiiiiiiiier, 
it  is  lioprd,  iis  will  result  in  iiii  iijirt'cincnt  itctwccn  tlic^  two  j-ovitii- 
mciits.  While  li'inl  Siilisltnry  •n;;';i»'sts  a  dillrnMit  mode  of  pi«)c<'diii(^ 
tVoiii  that  ('nd)odicd  in  the  sixth  ({Ucstion,  the  I'lesidcut  docs  not  niidcr- 
staiul  him  actually  to  objci^t  to  tjic  i|ncstion,  and  he  thcret'ore  assumes 
that  it  is  a}ii«'»'d  to. 

The  six  (|uestions  as  now  proposed  l»y  the  President  are  as  follows: 

First.  What  exclusiv*'  Jurisdicti<)n  'ii  the  sea  now  known  as  the 
IJchriuj;'  Sea,  and  what  exclusive  iij;lits  in  the  seal  lislu  ries  therein,  did 
liussia  assert  and  exercise  prior  ar,d  up  to  the  time  of  tin-  cession  of 
Alaska  to  the  United  States? 

Second.  How  far  were  these  claims  <»f  Jurisdiction  as  to  the  seal  lisli- 
eries  reco};ni/,ed  and  conceded  by  (Ireat  lliitain  '! 

Thinl.  Was  the  body  of  water  now  kn«»wn  as  the  T'ehrinj;-  Sea  in- 
t'liuled  in  the  phrase  "•  I'acitic  Ocean,"  as  used  in  the  treaty  of  Isl',"i 
betw«'en  (treat  IJritain  and  Russia;  and  what  rijuhts,  if  any,  in  the 
Ih'hrinf;'  Sea  were  held  and  exclusivelv  exercise<l  by  Knssia  after  said 
treaty? 

Fourth.  Did  not  all  the  rij^hts  of  Pussiaas  to  Jurisdiction  and  as  to 
the  seal  lisherles  in  l>ehrin<;-  Sea,  cast  of  the  water  boundary  Uesciibed 
in  the  treaty  between  tln^  United  States  and  liussia  of  March  ."JO,  lS(i7, 
pass  uinnii>air»'d  to  the  li^nitc«i  States  under  that  treaty? 

Fifth,  lias  the  United  States  any  rijuht,  and,  if  so,  what  riyht,  of  pro- 
tecth)n  (U'i)roperty  in  the  fur  seals  freiiuentinji' tlu^  islands  of  the  United 
States  in  llehring  Sea,  when  su(di  seals  are  found  outside  the  (U'dinary 
three  mile  Hunt? 

Sixth.  If  the  determination  of  the  fore^'oinj;'  questions  shall  leave  the 
subject  in  such  position  that  the  coucuri'ence  of  (Ireat  IJritain  is  neces- 
saiy  in  prescribinji'  rejjfulations  for  the  killin;4'of  the  fur  sr,[\  in  any  part 
of  the  waters  of  UehrinjiSea,  then  it  shall  be  further  determined  :  I'^irst, 
how  far,  if  at  all,  outsidi^  the  ordinary  territorial  limits  it  is  necessaiy 
that  the  United  States  should  exercise  an  exclusive  Jurisdiction  in 
order  to  pr()tect  the  seal  for  the  time,  livinj;'  upon  the  islands  of  the 
Uintcd  States  and  feeding  tlierefromJ  Second,  whcthei' a  closed  sea- 
son (duringwhich  the  killingof  seals  in  thewatersof  IJehringSeaoutsiih! 
the  ordinary  territorial  limits  shall  be  prohibited)  is  necessary  to  save 
the  seal-tlshing  industry,  so  valualde  ami  imi)ortant  to  mankind,  from 
det«'rioratiou  or  destruction?  And,  if  so,  third,  what  months  or  parts 
of  months  slundd  be  included  in  such  season,  and  over  whal^  waters  it 
should  extend  ? 

The  Presi<lent  does  not  object  to  the  achlitional  <piestion  respecting 
alleged  damages  to  English  ships,  iJrojjosed  by  Lord  Salisbury,  if  one 
condition  can  be  added,  namely,  that  after  the  issues  of  the  arbitration 
are  Joined,  if  the  United  States  shall  jjrevail,  all  the  seals  taken  by 
Canadian  vessels  during  the  [teriod  shall  be  paid  for  at  the  ordinary 
price  for  which  skins  are  sold.  This  seems  to  the  President  to  be  the 
comi)lenient  of  Lord  Salisbury's  propositiou,  and  he  doubts  not  that  it 
will  secure  his  lordship's  assent. 


•iir- 


296 


DIPLOMATIC    CORRESPONDENCE. 


In  the  first  parsifjraplii  of  Lord  Salisbury's  dispatcli  of  February  21 
he  makes  the  followii.jf  dedaratiou : 

it  is  now  (piite  cloiir  that  tlm  advisor.H  oCtlid  Piesi«loiit  do  not  cliniii  IJflniiifi;  Sua  us 
marv  claiimnn,  and,  indeed,  tliat  tliey  reiiudiatc  that  routcntioii  in  cxj>r4',ss  terms. 

Lord  Salisbury's  expression  is  juit  in  sucli  form  as  to  imply  (whether 
be  so  intended  1  know  not)  that  the  United  States  had  hitherto  been 
resting  its  eontention  upon  the  fact  that  the  T.ehrinj.>'  Sea  was  mare 
chdiNitm.  If  that  was  his  intention  it  would  have  been  well  for  his  hu'd- 
ship  to  specify  wherein  the  United  States  ever  made  the  assertion.  The 
emphatii^  denial  in  my  dispatch  of  Deceiuber  17  last  was  intended  to 
put  «an  end  to  the  Iteration  of  the  charge  and  to  eliminate  it  from  the 
current  discussion. 

Lord  Salisbury  complains  that  1  did  not  deal  with  certain  protests, 
written  by  Lord  Londonderry  and  the  Duke  of  Wellington  in  181*2, 
winch  he  had  before  (juoted.  If  he  will  r(H'ur  to  the  twenty  sixth  and 
twenty-seventh  pages  of  my  dispatch  of  December  17,  he  will  observe 
that  I  specially  dealt  with  these;  that  1  njaintained,and,  I  think,  proved 
from  the  text  that  there  was  not  a  single  word  in  those  protests  referring 
to  the  Rehring  Sea,  but  that  they  referred,  in  the  language  of  the  Duke 
of  Wellington  of  the  17th  of  October,  1HUL5,  only  to  the  lands  "extend- 
ing along  the  shores  of  the  Pacific  Ocean  from  Latitude  41>o  to  latitude 
(»(P  north."  In  the  tirst  paragraph  of  Lord  Londonderry's  ]>rotest  of 
.lanuary  18,  1822,  addressed  to  Count  Lieven,  of  Russia,  he  alluded  to 
the  matters  in  dispute  as  "r.s7>^rm//j/  connected  tritli  the  tetritor'Hd  riylits 
of  the  Russian  Cnurn  on  the  North irest  Coast  of  America  border inff  on  the 
Vacijic  Ocean,  and  the  commerce  and  uariijation  of  His  Imperial  Majesties 
suhjects  in  the  seas  adiaeent  thereto.''^  From  these  and  other  pertinent 
facts  it  is  evident  that  the  protests  of  Lord  Londonderry  and  the  Duke 
of  Wellington  had  nothing  whatever  to  do  with  the  i>oints  now  in  issue 
between  the  Ameiican  and  Uritish  governments  concerning  the  waters 
of  the  Uehring  Sea.  They  both  referred,  in  ditterent  and  substantially 
identical  i)hrases,  io  the  territory  scuith  of  the  Alaskan  Peninsula  bor- 
dering on  the  racillc  and  geographically  shut  out  from  the  L  'iring  Se«a. 
I  regret  that  my  arguments  on  a  point  which  Lord  Salisbury  considers 
of  great  importan(;e  should  have  escaped  his  lordship's  notice. 

In  Lord  Salisbury's  Judgment  the  contention  of  the  United  States 
now  rests  wholly  uixui  the  ukase  of  1S21  by  the  Kmperor  Alexander 
1  of  Russia.  The  United  States  has  at  no  time  rested  its  argument 
solely  on  the  ground  mentioned,  and  this  (rovernment  regrets  that 
Lord  Salisbury  should  have  so  misapprehended  the  American  jtosition 
as  to  limit  its  basis  of  right  in  Behving  Sea  to  the  ukase  of  1821.  The 
United  States  has,  anuuig  other  grounds,  insisted,  without  recurring 
to  any  of  its  inherited  and  superior  rights  in  Aliiska,  that  this  Gov- 
ernment has  as  full  atithority  tor  going  bey(uul  the  3-mile  line  iu  case 
of  i)rove(l  necessity  as  Great  Britain  possesses. 

Two  or  three  instances  of  the  power  which  Great  Britain  exercises 
beyond  the  .{-mile  lin«'  have  already  been  (juoted,  but  have  failed, 
thus  far,  to  secure  comment  or  explanation  from  Lcu'd  Salisbury.  An- 
other case  can  be  added  which,  iierhaps,  is  still  more  to  the  point.  In 
188*),  only  two  years  ago,  the  BriJsli  Parliament  enacted  a  law,  the 
effect  of  which  is  fully  shown  by  a  maj)  inclosed  herewith.  Far  <mtside 
the  .'J-mile  line  the  Parliament  of  Great  Britain  has  attemjited  to 
contrcd  a  body  of  water  sitiuited  beyond  the  northeastern  section  of 
Scotland,  2,7(K)  square  miles  in  extent,  and  to  direct  that  certain  meth- 
ods of  fishing  shall  not  be  used  within  that  great  body  of  water  under 


JURISDICTIONAL    lilGHTS    IN    UERING   SEA. 


207 


a  presoiibcd  penalty.  It  will  be  observed  that  tlie  inhibition  is  not 
alone  against  British  subjects,  but  against  ''any  ]tei',son."  I  here  quote 
the  pertinent  section  of  the  I'arlianientary  act  in  cjuestion: 

7  (1)  The  fisbinji  lioiird  may,  liy  by-law  or  by-laws,  direct  tlnit  tbc  inctliods  of 
fisbinjf  known  as  lieani  trawliny  and  otbrr  ti'awlini>'  sliall  not  be;  used  witbin  a  lint! 
drawn  i'roni  Dnncaiisby  Head,  in  Caitlincss,  to  Rattray  I'oint,  in  Aberdcensbirc,  in 
any  area  or  i.  uas  to  be  delincd  in  sncb  by-law,  and  nuiy  from  time  to  time  make,  alter, 
and  revoke  by-laws  for  tbe  ])nri)Oses  of  tliis  seetion,  lint  no  such  by-law  sliall  be  of 
any  validity  nntil  it  bas  been  confirmed  by  tbe  Hecretiiry  for  Scotbmd. 

(2)  Any  ]»er8oii  wbo  nsea  any  sneb  nietliod  of  lisbinn  in  contravention  of  any  sneb 
by-law  sball  be  liable,  on  conviction  nntler  tJic  snnnnary  Jnrisdictlon  (Scotland;  acts, 
to  a  tine  not  exceedinjr  £5  for  tbe  (irst  oH'cnse,  and  not  exceiMlinj;'  £20  I'ov  tbe  secoml 
or  any  snbse(|nent  offense,  and  every  iw.t  set,  or  attcmjited  to  be  set,  in  contravention 
of  any  sncli  liy-law,  nniy  be  si'ized  and  destroyed  or  otlierwise  disjtosed  of  as  in  tbe 
sixtb  section  of  tbis  act  mentioned. 

If  Great  Britain  may  thus  control  tin  iirea  of  2,7()(>  s<piare  miles  of 
ocean  on  the  coast  of  Scotland  why  niay  not  the  Tnited  States  pr<'- 
scribe  a  s]>a<e  around  the  I'ribihd' Islands  in  which  similar  jn'oiiibitioiio 
may  be  enforced ?  Tiie  following  would  be  tiie  needed  Icgishition  for 
such  a  puii»ose  by  Congress,  and  it  is  but  a  paraphnise  of  the  act  of 
Parliament: 

Tbe  fnr-seal  board  may,  by  by-law  or  by-laws,  direct  tbaf  tbe  nietbods  of  seiilin;^ 
known  assiiearinj;  or  barjxtoiiin.";-,  or  witli  fire.'irms.  sball  not  l>e  nsed  witbin  a  lin<! 
drawn  from  tbe  sliorcs  of  tbe  i'ribilof  Islands  (iO  miles  in  tbe  Itciiriii;;  Sea.  and  siiid 
board  may,  from  time  to  time,  make,  alter,  and  revoke  by-laws  for  flic  pnrpoMe  of 
tbis  section;  bnt  no  sucb  by-law  sball  be  of  any  \alidity  nntil  it  bas  been  confirmed 
by  tbe  Secretary  of  tlio  Tre.'tsnry. 

Second.  Any  person  wbo  nses  any  sncb  metbod  of  sealinfi;  in  contravention  of  sneb 
by-laws  sball  be  liable  on  eonvi:  rioii  to  a  line  not  cxceedinj;-  ^lOO  for  the  first  ofVcu.sts 
and  not  exceedinf"  t'^fM)  for  th.'  second  or  any  snbse(|iient  offense,  find  every  sjiear, 
liar|io(ni,  or  firearm  attenipied  to  b(!  nsed  in  eontraMjntion  of  any  sncb  by-l;iw  may 
be  seized  and  destroyed  oi'  otherwise  disjioscd  of  as  said  fnr-seal  board  may  <lirect. 

It  must  not  escape  oLvserviition  that  the  sirea  of  water  outside  the 
.'i-inile  line  on  the  coast  of  Scotland,  whose  control  is  assumed  by  (Ireat 
Britain,  Is  its  large  as  would  be  found  inside  a  litie  drawn  from  Cape 
Cod  to  Portliind  Harbor,  on  the  Xew  England  <'oast. 

Lord  Salisbury  reasserts  his  (contention  that  words  "  I'acilic  Occitn" 
at  the  time  of  the  tretity  between  Kussia  and  (ireat  Britiiiii  <lid  include 
IJehring  Sett.  Undoubtetlly  the  Pacific  Occiin  inchtdes  liehi  iiig  Sea  in 
tlie  same  sense  that  the  Atlantic  Ocean  includes  the  Gidfof  .Mexico, 
and  yet  it  would  be  regiirded  as  a  very  iniicciiratc  stiitement  to  say  that 
tlie  Mississippi  Iliver  Hows  into  the  Athmtic  Ocean.  I  thinic  Lord  Sal- 
i>'bury  fails  to  recognize  tlie  common  distinction  between  the  '^'Atlantic 
Ocean"  and  "the  waters  of  the  Atlantic."  While  the  Mexiciin  (Jlnlf 
is  not  a  part  of  the  Atlantic  Ocean,  it  w<Mdd,  I  am  snre,  comport  with 
general  usage  to  say  that  it  belonged  to  the  waters  of  the  Atlantic, 
and,  while  IJehring  Sea  is  not  technically  ii  ])artof  tin-  Pacitic  Ocean,  it 
undoubtedly  belongs  to  the  waters  of  the  Pacitic. 

The  English  Channel  would  not  ordinarily  be  nnderstood  as  inclmled 
in  the  term  "  Atlantic  Ocean."  One  would  not  say  that  I  >over  or  Calais 
is  on  the  coast  o1  the  Atlantic  Ocean,  and  yet  clearly  the  English  Chiiii- 
nel  belongs  to  the  waters  of  the  Atlantic.  In  ])oint  <»f  ftict,  therefore, 
according  to  the  usage  of  the  world,  there  is  no  dispnte  (»f  any  conse- 
tpu'iice  between  the  two  Governments  on  the  geogiajjliical  point  under 
consideration.  The  historical  point  is  the  oiu^  at  issue.  The  explana- 
tory note  from  Kussia,  filed  in  the  State  Department  of  this  country, 
s|)ecially  referred  to  in  Mr.  John  (v)uincy  Adams's  diary  and  quoted  in 
my  note  of  December  17,  18!M>,  plainly  draws  a  distinction  between  the 
Pacitic  Ocean  ou  the  oue  hand,  and  the  "  Sea  of  Okhotsk,  the  Sea  of 
38 


298 


DIPLOMATIC    CORRESPONDENCE. 


Kamclmtka  and  tliv  Icy  Sea"  on  tlio  other;  and  so  ]oug  as  lUissia 
drew  that  distinction  it  must  iinply  to,  and  must  absolutely  decide,  all 
tbe  contentions  between  the  two  countries  as  far  as  tbe  waters  of  the 
Behring  Sea  are  concerned.  To  discuss  this  point  further  would,  in  tbe 
opinion  of  tbe  President,  contribute  nothing  of  value  to  tbe  general 
contention. 

In  tbe  opinion  of  tbe  President  Lord  Salisbury  is  wholly  and  strangely 
in  error  hi  makh>g  tbe  foUowiiig  statement: 

Nor  do  they  [tbe  advisers  of  tbe  I'resideiit]  reply,  as  a  justification  for  tbe  seizure 
oflhitisli  ships  in  tbo  ojien  sea,  ujion  tlie  eoiitention  that  tbe  interests  of  tbe  seal 
fislieries  give  to  tbe  United  States  Govcrnnient  any  right  for  that  pnri)08e  which, 
according  to  international  law,  it  would  not  otherwise  possess. 

The  Government  of  the  United  States  has  steadily  held  just  the 
reverse  of  tbe  position  which  Lord  Salisbury  has  imputed  to  it.  It 
holds  that  the  ownership  of  the  islands  upon  which  the  seals  breed, 
that  the  habit  of  the  seals  in  lejjularly  resorting  thither  and  rearing 
their  young  thereon,  that  their  going  out  from  the  islands  in  search  of 
food  and  regularly  returning  thereto,  and  all  the  facts  and  incidents 
of  their  relation  to  the  island,  give  to  the  United  States  a  property  in- 
terest therein ;  that  this  property  interest  was  claimed  and  exercised 
by  liussia  during  the  whole  period  of  its  sovereignty  over  the  land  and 
waters  ot  Alaska;  that  England  recognized  this  property  interest  so 
far  as  recognition  is  implied  by  abstaining  from  all  interference  with  it 
during  the  whole  period  of  Pussia's  ownershi))  of  Alaska,  and  during 
the  first  nineteen  years  of  the  sovereignty  of  the  United  States.  It  is 
yet  to  be  determined  whether  the  lawless  intrusion  of  Canadian  vessels 
in  1880  and  subsequent  years  has  changed  the  law  and  ecjuity  of  the 
case  theretofore  prevailing. 

I  have  the  honor  to  be,  with  the  highest  consideration,  sir,  your  most 
obedient  servant, 

James  G.  Blaine. 


•*t 


CORRESPONDENCE   RELATIVE  TO   THE  MODUS  VI\     NDI   OF  1891 
AND  TO  THE  NEGOTIATIONS  FOR  ARBITRATION.' 

Sir  Julian  Faunoc/ote  to  Mr.  lilaine. 

British  Legation, 
Woslihif/ton,  Ajyril  20,  1801. 
Dear  Mr.  Blaine  :  I  informed  Lord  Salisbury,  in  a  private  letter, 
of  your  alternati^^i  suggestion  for  a  modnn  rircmli  pending  tbe  result 
of  the  Behring  Sea  .arbitration,  namely,  to  stop  all  sealing  both  at  sea 
and  on  land.    Lord  Salisbury  seems  to  approve  of  tliat  alternative,  and 
he  asks  me  whether,  in  case  Her  Majesty's  Government  should  accept 
it,  you  w<mld  prefer  that  the  proposal  should  come  from  them.     I 
thought  you  would  like  to  know  Lord  Salisbury's  view  of  your  proposal 
as  early  as  possible,  and  that  must  be  my  excuse  for  troubling  you  with 
■^  this  letter  during  your  repose  at  Virgiiiia  IJeacb. 

May  I  ask  you  to  be  so  good  as  to  let  me  know,  as  soon  as  you  con- 
veniently can  do  so,  what  answer  you  \»^ould  wish  me  to  return  to  Lovd 
Salisbury's  inquiry? 

Hoping  that  you  have  already  benelited  by  the  change  of  air,  I  re- 
main, etc., 

Julian  Paxincefote. 


/ 


'  The  last  notes  of  the  preceding  subdivision  contaiu  unitter  relating  to  arbitration. 


,^ 


.?  <^ 


MODU;i    VIVENDI    OF    1891    AND    ARBITRATION. 


Mr.  Blaine  to  (S'/r  Julian  Paumrfote. 


290 


Department  of  State, 

Washington,  May  /,  1891. 

Sir:  Diiriiifj  the  mouth  of  M;ircli  last,  a  few  days  after  the  axljourn- 
ineut  of  Coii};r«'ss,  actiiiy  under  the  instiuetioiis  of  tlie  Tresident,  I 
l)ro]>osed  to  you  that  a  motin-s  vinndi  be  agreed  ui>oii  touching  the  seal 
tishj'ries,  ]iendni}i;'  the  result  of  arbitration  of  the  (|uestion  at  issue  be- 
tween the  two  (loverniaents.  Tlw  Piesident's  first  ]>roi)os{il,  which  1 
submitted  to  you,  was  that  no  Canadian  sealer  should  be  allowed  to 
C(une  withiu  a  certain  nund)er  of  miles  of  the  I'ribilof  Islands. 

It  was,  however,  the  conclusion  of  the  President,  after  leading  Lord 
Salisbury's  dis])atch  of  Febiuary  21,  that  this  ntodns  t'ircndi  nught  pos- 
sibly provoke  contli<'t  in  the  IJeli ring  Sea,  and,  to  avoid  that  lesult,  he 
instructed  me  to  jmtpose  that  sealing,  both  on  land  and  sea,  should  be 
suspended  by  both  nations  during  the  itiogress  of  arbitration,  oi-  dur- 
ing the  season  of  18i)l.  On  both  (K'casicnis  it  was  a  (conversational 
exchange  of  views,  the  first  in  my  office  at  the  State  J)e])artnient,  the 
.secon«l  at  my  residence. 

The  President  was  so  <lesirous  of  a  proni]»t  res])onse  from  Lor<l  Salis- 
bury to  his  second  i)roposition  that  1  ventured  to  suggest  that  you  re- 
quest an  answer  by  cable,  if  practi(;able.  ICspecially  was  the  President 
anxious  to  receive  an  answer  (whi<'h  he  trust«'d  would  be  favorable)  be- 
fore he  set  out  on  his  tour  to  the  Pacific  States.  lie  left  VVashingfou 
on  the  idght  of  April  13  without  having  heard  a  word  from  yoiu-  (lov- 
ernment.  It  was  then  a  full  month  after  he  had  instiucted  nu'  to  open 
negotiations  on  the  (luestion,  and  the  only  ])r<d>able  infeience  was  that 
Jiord  Salisbury  would  not  agree  to  his  proposal. 

The  sih'uce  of  Lord  Salisbury  implied,  as  seenu  u  not  imjnobable,  that 
lie  Avould  not  restrain  the  Canadian  sealers  from  entering  ]iehring  Sea, 
an<l,  as  all  intelligence  from  llritish  C(»lnmbia  showe<l  that  the  sealers 
w  (sre  getting  ready  to  s^iil  in  large  numbers,  the  President  found  that 
he  c<mhl  not  with  Justi<'e  jaevent  the  lessees  from  taking  seals  on  the 
Prd>ilof  Islands.  The  President  therefore  instructed  the  Secretary  of 
the  Treasury,  who  has  official  (charge  oV  the  subject,  to  issue  to  the 
lessees  the  jmvilege  of  killing  on  the  I'ribilof  Islands  the  (coming  sea- 
son the  maxinuim  nund»er  of  00,000  seals,  subject,  however,  to  the  abso- 
lute discretion  and  control  of  an  agent  ajjpointed  by  the  Secretary  of  the 
Treasury  to  Hunt  the  killing  to  as  small  a  number  as  the  condition  of 
the  herd  might,  in  his  opiidon,  demand. 

Dn  the  22d  of  April,  eight,  days  after  the  President  had  left  Wash- 
ington, you  notifie(l  me,  when  I  was  absent  from  the  cai»ital,  that  Lord 
Salisbury  was  ready  to  agree  that  all  sealing  should  be  susi»ended 
])en(ling  the  result  of  arbitration.  On  the  2.'kl  of  April  I  telegraphed 
Lord  Salisbury's  i)roi)osition  to  the  President.  He  replied,  Ajuil  25, 
expressing  great  satisfacti(m  with  Lend  Salisbury's  message,  but  in- 
structing me  to  inform  y(m  that  "  some  seals  must  be  killed  by  the 
natives  tor  food;"  that  "the  lessees  are  b<»und,  under  their  lease  from 
the  (Jo\ernment,  to  feed  and  care  for  the  natives,  making  it  necessary 
to  send  a  ship  to  the  Pribilof  Islands  each  season  at  their  expense;" 
and  that,  for  this  service — a  very  exjjensive  one — the  "  lessees  should 
find  their  compensation  in  taking  a  moderate  number  of  seals  under  the 
lease.'  The  President  exi»resscd  his  belief  that  this  allowance  would 
be  readily  agreed  to  by  Lord  Salisbury,  because  the  necessity  is  abso- 
lute. 

You  will  remember  that  when  I  comnuinhated  this  proposition  from 


/ 


300 


DIPLOMATIC"    CORRKSPONDENCE. 


the  President  to  yon,  on  the  evening;  of  ;\I(»n«l;iy,  April  27,  yon  did  not 
agree  with  the  President's  snygestion.     ( )n  th<'  eoiitrsiry,  yon  expressed 
yonrself  jiseonlitlent  that  L(»rd  Salislniry  wouhl  not  aee<'pt  it;  that  in  "| 
yonr  Judjiiiient  tlie  Ivillinfj- of  seals  ninst  lie  cnt  off  absohitely  on  the    / 
land  and  in  the  water,  an<l  that  it  eould  not  be  stopped  on  either  unless    ' 
stojjped  on  both. 

The  narrative  of  facts  wliieh  1  have  now  giv^en  (absolutely  necessary 
for  clearly  understandinjn'  tiie  position  of  this  Government)  brings  nie 
to  a  further  statement,  which  I  am  directed  by  the  President  to  snb- 
niit.  The  PresidJMit  refuses  to  believe?  that  Ii<U'd  Salisbury  can  possi- 
bly maintain  the  position  you  have  taken  when  his  hu'dshii)  is  placed 
in  full  |tossession  of  the  facts  which  1  shall  now  submit  to  you,  some- 
what in  detail. 

When  the  i)rivilefte  of  killing  seals  on  the  Islands  of  St.  George  and 
St.  Paul,  in  liehring  Sea,  was  leased  to  the  Ncuth  AnnuMcan  Company 
foi-  a  i'ertain  sum  per  skin  to  be  juiid  to  the  Government,  other  duties 
of  an  <merou8,  costly,  and  res]H)nsible  character  were  imposed  upon  the 
company. 

Under  their  lease  the  Company  is  obliged  "to  furnish  to  the  inhabit- 
ants of  the  islands  ()f  St.  (Jeorge  and  St.  I'aul,  annually,  such  (pmntity 
or  nund)er  (»f  dried  salmon,  ami  such  (piantity  of  snlt,  and  such  num- 
ber of  salt  bnrrels  for  ])reserving  their  necessary  supply  of  meat  as  the 
Secretary  of  the  Treasury  shall  from  time  to  time  determine." 

The Comi)auy  is  further  obliged  to  "furnish  to  the  Inhabitants  of 
these  islands  SO  tons  of  coal  .annually,  and  a  sufficient  number  of  com- 
fortable dwellings  in  which  said  native  inhabitants  imiy  reside,  and 
shall  keejt  such  dwellings  in  proi»er  repair. 

The  Company  is  further  obliged  "  to  provide  and  keep  in  repair  such 
suitable  school-houses  as  may  be  necessary,  and  shall  establish  and 
maintain  during  eight  months  of  each  year  proper  schools  tor  the  e<lu- 
eation  of  the  children  on  said  islands,  the  same  to  be  taught  by  compe- 
tent teachers,  who  shall  be  jiaid  by  the  (company  a  fair  compensation; 
all  to  the  satisfaction  of  the  Secretary  of  the  Treasury." 

The  Company  is  further  obliged  "  to  maintain  a  suitable  house  for 
religious  Avorship,  and  will  also  i>rovide  a  com]»etent  physician  or  phy- 
sicans  and  necessary  and  proper  nuMlicine  and  medical  supplies." 

The  company  is?  still  further  oldiged  "  to  provide  the  necessaries  of 
life  for  the  widows  and  orphans,  aged  and  infirm  inhabitants  of  said 
islands,  who  are  unable  to  provide  for  themselves. 

And  it  is  linally  provided  that  "  all  the  f<u'egoing  agreements  shall  be 
d(uu^  and  performed  by  the  Company  free  of  all  costs  and  charges  to  the 
said  native  inhabitants  of  said  islands  ov  to  the  United  States." 

And  it  is  made  still  further  the  duty  of  the  Company  "to  employ  the 
native  inhabitants  of  said  islands  to  perform  such  labor  on  the  islands 
as  they  are  fitted  to  perftuni,  ami  to  pay  therefor  a  fair  and  Just  com- 
pensation, such  as  may  be  fixed  by  the  Secretary  of  the  Treasury." 
And,  also,  the  Com])any  "agrees  to  contribute,  as  far  as  in  its  power, 
all  reasonable  efforts  to  seciire  the  comfort,  health,  educaticm,  and  pro- 
mote the  morals  and  civilization  of  said  native  inhabitants." 

In  short,  then,  the  means  of  living,  the  facilities  for  education,  the 
care  of  health,  the  religious  teaching,  the  training  of  the  young,  and  the 
eomfVnt  of  the  old,  in  a  coujuuinity  of  over  .'500  pers<uis,  are  all  imjjosed 
ui)on  the  Compjiny  as  its  solemn  duty  by  specific  articles  of  the  lease. 
I  inclose  yiui  a  co]>y  of  the  census  of  1S90,  giving  every  name  of  the.'JO.'J 
])ersons,  old  and  young,  male  and  female,  who  constitute  the  whole  com- 
munity of  the  Pribilof  Islands. 


i 


MODUS    VIVENDI    OF    1891    AND    AUBITHATION. 


301 


Tlio  duties  thus  iinijoscd  upou  the  ('Oinpiuiy  unist  be  <liscliiU'8»'<l 
annually  witli  puiK'tuality  and  exactness.  The  coinfort,  possibly  the 
safety,  of  all  these  iinnian  beinjrs,  i)e<'uliarly  lielpless  when  left  to  them- 
selves, are  dependent  upon  the  ( 'oin[>any  under  tlie  lease,  and  tlie  lessees 
are  i)aid  thei«'for  by  tlu^  (lo\-erinnent  in  the  seal  skins  wliieh  the  Coni- 
]»any  receives  for  tiie  service.  If  the  Company  shall,  as  you  say  Lord 
Salisbury  refpiests,  be  depriv«'d  <»f  all  privile.ue  of  takinj;'  seals,  they 
i'ertainly  could  not  be  compelled  to  minister  to  the  wants  of  these  300 
iidmbitants  for  an  entire  year.  If  these  islandeis  are  to  be  left  to 
charity,  the  Xorth  American  Company  is  under  no  j-i^Miter  oblij^ation  to 
extend  it  to  them  than  are  .)ther  citizens  of  the  United  States.  It  evi- 
<lently  requires  a  considerable  sum  of  money  to  furnish  all  the  supplies 
named  intheh'ase — supplies  which  must  be  carried  4,0(»0  miles  on  a  si)e- 
cially  charter«'d  steanu'r.  If  the  lessees  are  not  to  be  allowe<l  ]>ayment 
in  any  form  for  the  amount  necessary  tosup])ort  these.'JOO  p(M»ple  on  tin' 
islands,  they  will  naturally  decliiu;  lo  expend  it.  No  appropriatictn  of 
money  has  been  nnide  by  Congress  for  the  pu''pose,  and  the  President 
can  nf>t  leave  these  worthy  and  innoi*«'nt  jH'opIe  to  the  hazard  of  starva- 
tion, even  to  secui«e  any  form  of  aji'ieement  with  Lord  Salisbury  tonch- 
in,i>'  seal  life.  Seal  life  may  be  valuable,  but  the  first  duty  of  tlie  (Jov- 
ernment  of  the  United  States  in  this  matter  is  to  protect  human  life. 

In  this  exigency  the  President  instructs  me  to  propose  to  Lord  Salis- 
bury that  he  concede  to  the  North  American  Company  the  right  to  take 
a  sntlicient  number  of  seals,  and  no  more  than  sutlicient,  to  recompense 
them  for  their  outlay  in  taking  care  of  the  natives;  and  that,  in  the 
phrase  of  the  President,  all  "commercial  killing  of  seals  be  prohibited 
jieiuling  the  result  of  arbitration."  The  Secretary  of  the  Treasury  has 
the  right  to  fix  the  number  necessary  to  the  end  desired.  After  full 
consideration,  he  has  limited  the  luimber  to  7,0(10  to  be  killed  by  the 
Company  to  repay  them  for  the  outlay  demanded  for  the  support  of  the 
.'}(I0  people  on  the  I'ribilof  Islands.  lie  further  directs  that  no  females 
be  killed,  and  that  thus  the  productive  capacity  of  the  herd  shall  not 
in  the  slightest  degree  be  impaired. 

This  ]>oint  being  fixed  and  agreed  to,  the  proposed  arrangeme:it 
Ix'tween  the  two  countries  wonhl  be  as  follows: 

The  (iovernmeiit  of  the  Tnited  States  limits  the  number  of  seals  to 
be  killed  on  the  ishnnls,  foi'  ]»urposes.just  described,  to  7,r»0(). 

The  (Iovernmeiit  of  the  Unitecl  States  guarantees  that  no  seals  shall 
be  killed  in  the  open  waters  of  the  J'ehring  Sea  by  any  jierson  on  any 
vessel  sailing  under  the  American  Hag,  or  by  any  American  citizen  sail- 
ing under  any  other  fiag. 

Tlui  Government  of  CreatiJritain  guarjintees  that  no  seals  shall  be 
killed  in  the  opou  waters  of  the  Beliiing  Sea  by  any  person  on  any  vesstd 
sailing  under  the  British  flag,  and  that  no  IJritish  subject  shall  engage 
in  killing  seals  for  the  time  agreed  upon  on  any  vessel  sailing  under 
any  other  flag. 

These  prohibitions  shall  continue  until  the  1st  day  of  May,  1SJ)2, 
Avithin  which  time  the  arbitrators  shall  render  linal  award  or  awards  to 
both  Governments. 

These  several  propositions  are  submitted  for  the  consideiation  of 
Lord  Salisbury.  The  President  believes  that  they  are  calculated  to 
produce  a  result  at  once  fair  and  honorable  to  both  (Jovernments,  and 
thus  lead  to  the  permanent  adjustment  of  a  controversy  which  baa 
alieady  been  lelt  too  long  at  issue. 


I  have,  etc.. 


James  G.  Ulaine. 


302 


DIPLOMATIC    COUWKSI'ONDKXCE. 


.'h' 


Sir  Julian  Puitncejhte  to  Afr.  lilaine. 


/ 


''J 
Ik' 


^  Britisii  Leuation, 

Wash  i II (f ton,  May  5,  ISOl. 

Rtu:  T  liiivo  tlu'  lionor  to  ackiiowlodfjo  the  ivceipt  of  your  note  of 
yosfj'nliiy,  in  wliicli  you  linvo  rornmlatrd  for  the  <*oiisifl<'i'atioii  of  the 
Manpiis  of  Salisbury  «l«'taiI(Ml  jtrojuKsals  for  a  modus  rirvudi  i\\\\\\\\£,  the 
a]))>roachiii.i>'  fisheiy  season  in  l)ehrin<>'  Sea  on  the  i)rineii>le  of  a  cessation 
oi'seal  killin.y,  botli  at  s(-a  and  on  hmd,  an  ari'anH'enient  to  which,  as  I 
informed  you  in  my  note  of  the  2()th  ul^.mo,  his  hu'dship  was  disposed 
to  <>ive  his  favorable  eonsi<leration. 

1  have  forwarded  to  Lord  Salisbury  by  this  day's  mail  a  copy  of  your 
note,  and  1  have  tele^^rajdied  to  his  lordshi])  the  precise  terms  of  the 
pictjiosal  with  which  it  conchides. 

I  nnicli  regret  to  Hnd  tliata  misconce])tion  has  arisen  as  res,ardsy<mr 
complaint  of  delay  on  my  i)art  in  ac<pminting  Lord  Salisbury  with  seccmd 
alternative  pi-oi»osal  for  a  ceHsati<)n  of  seal  killing  at  sea  and  (m  land, 
which  you  originally  made  to  me  verbally. 

On  that  oc(,'asion  you  inay  remember  that  I  expresse<l  some  reluctance 
at  sending  any  furthei;  proi)osals  to  his  lordshij)  while  his  dispatch  of 
February  21  last  (submitting  amendments  on  the  questions  for  arbiti-a- 
tion)  remained  unanswered,  and  that  I  suggested  that  it  M'ould  be  more 
satisfactory  if  this  new  i>roi)osal  were  made  c(»ncurrently  with  your  re- 
])ly  to  that  disi)ateh,  which  1  hoped  to  receive  with  the  least  possible 
delay. 

!  understood  you  to  assent  to  that  suggestion,  and  to  say  that  "you 
w<uild  lu'oceed  in  that  order." 

II"  you  had  informed  me  that  the  President  for  any  reason  desired 
that  this  alternative  pro])osal  should  be  ti'legrajihed  to  Lord  Salisbury, 
I  need  hardly  say  that  1  slnmld  have  conii>lied  at  once  with  his  wishes. 
lint  I  <'an  not  call  to  mind  that  the  President's  imr  •  was  ever  men- 
tioned at  (mr  interview,  which  you  correctly  describe  as  "a  conveisa 
tional  exchange  of  views,"  Fortunately,  however,  no  apprt'ciable  loss 
of  time  occurred.  I  acquainted  Lord  Salisbury  with  y<mr  alternative 
projtosal  by  the  mail  of  the  7th  of  April  (a  few  days  only  after  it  was 
nnule),  and  1  received  a  prompt  answer  by  telegraidi,  which  enabled  me 
to  inform  you  by  my  note  of  April  20  that  his  lordship  was  disposed  to 
consider  the  proposal  favorably. 

At  an  interview  at  your  residence  on  the  23d  of  April  ycm  expressed 
your  satisfaction  at  Lord  Salisbury's  reply,  and  you  stated  that  bef«tre 
taking  any  further  steps  you  desired  to  coinmunicate  by  telegraph  with 
the  I 'resident. 

At  a  further  interview  at  your  residence  on  the  27th  you  inforn\ed  me 
that  the  President  desired  that  the  modus  rircndi  should  contain  a  res- 
ervation of  the  right  to  kill  a  certain  number  of  seals  for  the  support 
of  the  natives  of  the  Pribilof  Islands.  At  tirst  sight  this  reservation 
caused  me  some  disappointment.  It  certainly  appeared  to  m*'  oi)en  to 
ex(;eption  as  detracting  from  the  i»rinciple  of  eipiality,  which  was  a 
feature  of  the  original  i)ro])osal.  IJut  1  was  more  ccau'erned  at  your 
stating  that  it  never  was  the  intention  of  the  President  ov  of  yourself 
that  the  modus  rircndi  should  be  put  in  force  until  the  terms  of  arbi- 
tration had  been  settled. 

This,  I  feare<l,  woid<l  prevent  the  timely  api)lication  of  the  modus  vi- 
ventli,  and  1  so  informed  Lord  Salisbury  by  telegram  on  the  same  day. 

I  notice  with  satisfaction  that  no  such  condition  is  attixed  to  your 


MODUS    VIVENDI    OF    1891    AND    ARHITRATION. 


303 


pH'seiit  propusiil,  ;iUhonj>li  tlMrresoTvation  iisto  tlic  killing  oCji  limited 
iuiiiiIkt  of  seals  on  the  isliuKls  is  iiiiiiiitiiined. 

I  iUM  ylail  to  think  that  there  is  yet  time  to  canv  out  for  this  fishery 
season  any  avrangement  whicli  may  promptly  be  ajiiced  to,  and  I  hope 
that  the  above  explanation  may  remove  the  imi>ression  you  ai)peiir  to 
have  formed  that  there  has  been  iiny  dehiy  on  my  part  in  expediting- 
the  consideration  of  the  moduH  cicvndi  which  you  liave  pro])osed. 
1  have,  etc., 

Julian  I'aunoefote. 


Mr.  Adec  to  Sir  Julian  Pauncefote. 

[Personal.] 

Department  of  State, 

WdshingfoH,  Mmj  2i),  1S91. 
My  Dear  Sir  Julian:  The  President  is  desirous  to  learn  the 
reply  of  Her  Majesty's  Government  to  the  proposition  submitted  in  De- 
l>artment's  note  of  the  4th  instant,  to  stop  sealing  by  citizens  of  the 
Tnited  States  as  well  as  by  subjects  of  Her  Majesty  pending  the  arbi- 
trations of  questions  in  dispute  touching  tli^e  seal  fisheries  in  liehring  Sea. 
I  should  be  glad  to  know  as  soon  as  possible  the  present  state  of  the 
matter. 


1  remain,  etc., 


Alvey  a.  Adee, 
Second  Astiistant  IScorctary. 


Sir  Julian  Pauncefote  to  Mr.  Adee. 

[Personal.] 

British  Leoation, 
\Va,shin(/foii,  May  31,  1S91. 
Dear  Mr.  Adee:  T  regret  that  I  am  not  yet  in  a  position  to  answer 
the  inquiry  of  the  President  communicated  to  me  in  your  letter  of  yes- 
terday, but,  immediately  on  its  receii)t,  I  telegrai)l'ied  the  substance 
of  its  contents  to  the  Mai(|uis  of  Salisbury,  and  1  ho])e  to  receive  in 
the  course  of  to  day  a  telegram  from  his  lordship  in  reply. 
You  may  rely  on  my  using  flie  utmost  expedition  in  tl'ie  matter. 
I  remain,  etc., 

Julian  Pauncefote. 


Mr.  Adee  to  Sir  Julian  Pauncefote. 

Department  of  State, 
Washiuf/ton,  May  2(i,  IWl. 
Sir:  In  my  personal  note  of  the  20th  instant  and  on  several  occa- 
sions in  oral  communication,  I  have  had  the  honor  to  express  the  desire 
of  the  Piesident  to  be  informed  at  the  earliest  possible  moment  of  the 
response  of  Her  Majesty's  Government  to  the  proposal,  which  formed 


\ 


304 


DIPLOMATIC    COURKSPONDENCE.     - 


('/ 


I         1 


ill       1 


tlie  subject  of  Mr.  Ulaiiie's  note  to  you  of  the  4tli  instant,  tlint  seal- 
taking  on  the  islands  and  in  the  waters  of  lieliriii;;  Sea  be  limited,  as  in 
said  note  exjHeased,  as  to  citizens  of  the  I'nited  States  and  subjects  ot 
(Ireat  IWitain,  pending  the  arl>itration  of  cc-tain  (questions  in  contro- 
versy between  the  two  (Jovernnients. 

In  several  interviews  with  you  since  the  2i)th  instant  the  desire  of 
the  President  for  an  early  response  to  tlu;  note  of  the  tth  of  May  lias 
been  reatth-med. 

The  situation  evidently  calls  for  ])roinpt  action.  Each  day's  delay  in- 
creases the  existing  ditference  in  the  ability  of  the  re«»])ective  govern- 
ments to  n)ake  the  jnoitosed  limitation  of  seal-taking  <'ffective.  It  is 
reixnted  that  a  large  Heet  of  Canadian  sealers  has  been  for  some  weeks 
or  nninths  on  the  seas.  They  are  daily  going  farther  out  of  reach.  The 
revenue  cruisers  have  awaited  dcliiiite  orders.  Their  ])resence  is  ur- 
gently needed  in  the  Uehring  Sea.  Any  further  dehiy  tends  to  dc^feat 
the  v«'ry  jmrpitse  for  which  tin'  agreenu'ut  is  .nought.  It  is  (juite  incom- 
l>atible  with  fairiu'ss  and  Justice  to  our  citizens  tliat  this  should  be  per- 
mitted to  continue. 

Amjde  oi>portunity  has  been  afforded  to  Her  Majesty's  (Jovernnient 
to  hring  this  condition  to  a  close  by  an  crt'ective  agreement;  but  the  re- 
sult is  still  uncertain  and,  to  all  apjiearances,  remote.  The  Prcsidi'nt 
woidd  b(>  glad  t(»  know  that  it  is  near  at  hand  and  certain;  but  lu^  can  in> 
longer  hold  back  in  fuitherance  of  a  vaj^iu' hope,  to  the  deti'imentof  the 
legitinnite  interests  of  the  Government  and  citizens  of  the  United 
States. 

I  am,  therefore,  directed  by  the  President  to  inform  you  that  orders 
have  been  given  to  the  revenue  steanu'r  h'lisli  to  proceed  to  the  sealing 
islands. 

Amtther  revenue  steamer,  the  ConHn,  is  at  San  Francisco,  nearly 
ready  to  sail,  and  will  very  shortly  put  to  sea.  Should  an  agreement 
be  reached  before  her  departure,  a pptopriate  orders  may  still  be  sent 
by  her  to  the  islands.  I  mention  this  in  order  that  you  may  com[U'e- 
hend  how  fully  this  Government  desires  to  effect  an  arrangement  for 
this  season,  and  that  you  may  realize  how  each  day's  d(day  lessens  the 
ability  of  Her  Majesty's  Govcrinnent  to  effectively  cociperate  with 
regard  to  British  subj«'cts  and  tends  to  destroy  the  practical  utility  oi 
an  a^r«'einent  to  limit  the  seal  catch. 
I  am,  etc., 

Alvey  a.  At)EE, 

AvtUuj  Secretary. 


Sir  Julian  Paunce/ote  to  Mr.  Adee. 

British  Legation, 

Washintjtou,  May  ^7,  ISni. 

Sir:  T  have  the  honor  to  acknowledge  the  receipt  of  your  note  ot 
yesterday's  date,  and  to  inform  you  that  I  have  communicated  the  sub- 
staiH'c  of  its  contents  to  the  Marquis  of  Salisbury  by  telegram. 

1  feel  assured  that  his  lordship  will  greatly  r«  {>/et  any  inconvenience 
which  may  be  caused  to  your  (Jovernnient  by  the  imi)racticability  of  re- 
turning an  immediate  reply  to  the  proposal  contained  in  Mr.  IJlaine's 
note  to  me  of  the  4th  instant. 

Lord  Salisbury,  as  1  had  the  honor  to  state  to  you  verbally,  is  using 
the  utmost  expedition ;  but  llie  lateness  of  the  projiosal  aud  the  eon- 


^■■"\ 


MODUH    VIVKNDI    OF    1891    AXD    AUBITWATION. 


305 


(Iitioiis  iittiKjliud  to  It  liiivc  j.iv('ii  rise  to  j,'iiivc  dinicultics,  as  to  wUh'h 
IIS  loidslnp  liiis  nocessunly  Decii  in  c(»iminiiiiciitioii  witli  tlu'  Caiuuliaii 
Uoveiimu'iit.     Ills  reply,  however,  may  now  arrive  at  any  moment. 
I  nave,  etc., 

Julian  PauiNcefote. 


Proposal  of  Her  Mnjeshi'H  Oovcniment/or  a  moflns  rlrendi  in  theBelinng 
Sea  duriiiff  the  scaliny  ncanoii,  of  LS9J. 

Washington,  June  8,  18!)1.  (Kcceived  Jnne  4,  1801.) 
(1)  The  Goymnneiit  ot(Jreat  IJritain  ami  of  the  (Jnited  States  shall 
l.rohibit  until  May,  1892,  the  kiliiiift-  of  seals  in  IJehriny-  Sea  or  any 
ishuuls  thereof,  and  will,  to  the  best  of  their  power  and  ability,  insure 
tliat  subjects  and  citiz»Mis  of  the  two  nations,  respectively,  and  the  ves- 
sels Hying  their  resiiective  a«vs,  shull  observe  that  prolii'bition. 

(w)  During  the  period  above  specified  the  United  States  Government 
shall  have  the  right  to  kill  7,rm  seals. 

(.i)  Consuls  may  at  anytime  be  appointed  to  the  islands  in  the  Hering 
bea,  and  the  United  States  Government  will  grant  an  "exeouatur"  to 
any  such  consuls.  '■ 

(i)  Unless  the  assent  of  Kussia  beobtaiu'ed  to  this  convention  it  shall 
not  come  into  operation. 

Julian  Pauncefote. 


/ 


/ 


Behriufi  Sea  arhHration. 

Washington,  June  ,%  1H!U.  (Ueceived  June  4,  1801.) 
The  undersigned  has  been  instructcul  by  the  Manpiis  (»f  Salisbury  to 
inlorm  the  Lnited  States  (Government  that  Ifer  Majesty's  (Jovermnent 
arc  prepared  to  assent  to  the  first  five  (pu'stions  pioposed  to  hv  sub- 
mitted to  arbitration  in  the  note  of  the  Hon.  James  G.  IJlaine  to  the 
undersigned,  dated  the  14th  of  April  last. 

Her  Majesty's  Government  can  not  give  their  assent  to  the  sixth 
questum  tormulated  in  that  n.)te.  In  lieu  thereof  they  propose  the 
appointment  of  a  ccmimission  to  consist  of  four  experts,  of  whom  two 
shall  be  nominated  by  each  Government,  and  a  chairman  who  shall  be 
nonunated  by  the  Arbitrators.'  The  Commission  shall  examine  and  re- 
port on  the  question  which  follows: 

wW^*i\'l^.7I"'^"*'P'^•'*''''*"«  .*''•'■  ^''■^•'^^  '■'^''«  '°  Bohring  Sea  from  extermination, 
«  ir.   fi!   «t  i'"      arrang.;n.ent8,  if  any,  are  necessary  between  Great  Britain  and 
the  United  States  and  Russia  or  any  other  power? 

As  regards  the  question  of  compensation.  Her  Majesty's  Government 
propose  the  tollowing  article : 

It  shall  1)0  comi)ctcnt  to  the  arbitrators  to  award  such  compensation  as  in  their 

udgmout  shall  seein  eqni  table  to  thi-  subjects  and  citizens  of  either  power  who  shall 

WtlLronSTeX'irjn""''"''"  "-P-^-^^-tof  the  industry  of%ealinff  by  the 

Julian  Pauncefote. 
yo 


[ 


30G 


DITLOMATK"     (•0RI{HSP0NI>I;N(^E. 


1        li 


Mr.  Wliat'ton  to  i^ir  Juliini  l^duiicc/ote.  '       / 

Dei'Autmknt  of  State, 

\ViiHhiii(/f(ni,  f/ittn-  /,  IS!H. 

Riu:  T  am  dirorted  by  the  rrosidont  t«>  say,  in  reply  to  your  note  of 
the  3(1  instant,  eonveyiny  to  the  (l«)vernniont  of  the  United  States  the 
resitonse  of  Her  Majesty's  (Jovernnient  to  tlie  proposal  of  ^Ir.  lilaine 
for  a  iikhIks  rhriidi,  relatinj;  to  the  seal  fisheries  in  Behring  Sea  daring" 
the  present  seas<ni — 

First.  In  place  of  the  first  and  second  snbdivisions  of  the  agreement, 
as  submitted  to  you,  the  President  suggests  the  following: 

(1)  The  (rovernnuMitof  (Jreat  IJritain  shall  jtrohibit,  until  May,  1S02, 
the  killing  of  seals  in  all  that  i>art  of  the  Uelning  Sea  lying  east,  east- 
wardly,  or  southeastwardly  of  the  line  described  in  artich'  1  of  the  «'on- 
veution  between  the  United  States  an<l  Russia,  of  date  .Man-h  .M),  l.S(>7, 
and  will  |)roniptly  take  such  steps  as  are  l)est  «'alculated  «'ttectively  to 
insure  the  observance  of  this  prohibition  l>y  the  subjects  and  citizens  of 
(Ireat  IJritain  an<l  all  vessels  flying  its  flag. 

(2)  The  (ri>vernment  of  tlu^  IJnited  States  shall  prohibit,  until  May, 
1802,  the  killing  of  seals  in  that  i)art  of  IJehring  Sea  above  described,  and 
(m  the  shores  and  islands  thereof,  the  property  of  tlie  Tnited  States  (in 
excess  of  7,501)  to  betaken  on  the  islands),  and  the  (irovernment  of  the 
United  States  will  promptly  take  such  steps  as  are  best  calculated  ef- 
fectually to  insure  the  obsi'rvance  of  this  prohibition  by  the  citizens  of 
the  United  States  and  the  vessels  flying  its  flag. 

These  changes  are  suggested  in  order  tliat  the  inoibis  may  clearly 
have  the  same  territorial  extent  with  the  pending  j»r(»p()sals  for  arbitra- 
tion; that  the  stipulati()n  for  a  prohibition  of  seal-killing  upon  tlie 
islands  of  tlu'  United  States  nniy  rest  upon  its  own  order;  and  that  the 
obligation  of  the  respective  governments  to  give  prompt  and  vigorous 
effect  t«>  the  agreement  may  be  more  clearly  apparent. 

Seccnul.  The  pertinency  of  the  suggestion  contained  in  the  third  sub- 
division of  Lord  Salisbury's  jnoposal  is  not  apparent  to  the  President. 
The  statutes  of  the  IJnited  States  explicitly  inohibit  the  landing  of  any 
vessels  at  the  seal  islands  an<l  the  residence  therecui  of  any  person  un- 
less specifically  authorized  by  the  Secretary  of  the  Treasury.  It  is, 
therefore,  obvious  that  no  consular  functions  could  be  discharged  upon 
the  islands  by  any  rejuesentative  of  Her  INIajesty's  Government.  The 
President  regards  this  law  as  declaring  an  excei)tion  as  to  the  resiiU'iu'c 
of  consuls  within  the  meaning  of  article  4  of  the  conventicm  of  com- 
merce and  navigation  of  Decembei-  22,  1815,  between  Her  .Majesty's 
Government  and  the  United  States.  If  the  proposal  is  intended  to  re- 
late to  the  islands  of  St.  Paul  and  St.  George,  and  has  for  its  object 
.access  for  such  agents  of  the  Government  of  Her  Majesty  as  may  be 
appointed  to  investigate  facts  that  nuiy  be  involved  in  the  pending 
l)roposals  for  arbitration,  (u-  in  the  hearing  before  the  Arbitrators,  I  am 
directed  by  the  President  to  say  that,  in  the  event  of  an  agreement  for 
arbitration  of  the  questions  in  dispute  betw^een  (ireat  Britain  and  the 
United  States,  he  would  be  willing  to  extend  reasonable  facilities  to 
Great  Britain  for  the  investigation  at  the  islands  of  any  facts  involved 
in  the  controversy. 

Third.  The  fourth  clause  of  the  proposal  of  Her  Majesty's  (Jovern- 
nient, limiting  the  taking  effect  of  the  luodits  riniidi  upon  the  assent 
of  llussia,  presents  what  seems  to  the  President  an  insuperable  diffi- 


I    ! 


y.i 


i 


I 


MODUS    VIVENDI    OV    1891    AND    AUHITRATION 


307 


cnlt.r,  as  iiii  iidlH'iriKM'  to  tliiit  sii^ij^cstioii  l»y  Her  Majesty's  (JoNrninu'iit 
will,  ill  Ills  opinion,  provvi't  tlio  conclnsion  oi'  any  a;;'n>(>iu<'nt,  and  will 
in«'vital>l.\  canst'  sncli  a  delay  as  to  thwart  tlic  pnrposcs  whicli  lie  must 
snp|H)S('  luttli  «>»»v»'rnni('nts  have  had  in  \  iew.  lie  is  surprised  that  this 
result  did  not  suji^iost  itself  to  Loid  Salishnry,  and  does  not  donht  that 
it  will  he  appaieut  to  him  on  a  rei'xauiiuatiftn.  I  am  also  direet<'<l  to 
remind  yon  that  the  contention  between  the  United  States  au*l  (Jreat 
JJiitaiu  has  been  limited  t<»  that  part  of  Uehiinj'-  kS»'a  eastward  of  the 
line  of  demarkatioii  described  in  oui-  convention  with  linssiii,  to  which 
referent'e  has  already  bei-n  made,  and  that  K'ussia  has  never  asserted 
any  rights  in  these  waters  atleetinj;-  the  subject-matter  of  this  conten- 
tion, and  can  not  tln'refore  be  a  necessary  party  to  these  ue;!,(»tiations 
if  they  are  not  now  improperly  exiraiideil.  Under  the  statutes  of  the 
United  States  the  Tresideut  is  authorized  to  prohibit  sealiu;;'  in  the. 
J>ehrin;i'  Sea  within  the  limits  described  in  our  eouveutiou  with  Russia 
and  to  restrict  the  killiu;;'  of  seals  on  the  islands  of  the  United  States, 
but  no  authoilty  is  conferred  upon  him  to  jirohibit  or  make  penal  the 
takinji' of  seals  in  the  waters  of  IJehrin}>  Sea  westward  of  the  line  referriMl 
to  or  u|H>u  any  of  the  sh()res  or  islaiuls  thereof.  It  was  never  supposed 
by  anyone  rei)resentiii}>"  the  (lovi'rnment  of  the  United  States  in  this 
eorresp«)ndence,  or  by  the  President,  that  an  a<?rcement  for  a  imnliis 
rintidi  could  be  broader  than  the  subject  of  eontention  stated  in  the 
eorresp(»udence  of  the  respective  fiovcrnnjents. 

Ne^i'otiations  foi'  an  arbitiation  have  been  proceeding  between  the 
United  States  and  Great  IJritain,  and,  if  these  powers  are  competent 
to  st'ttle  by  this  friendly  meth()d  their  respective  ri.nhts  and  n'lations 
in  thedisjjuted  waters  upon  a  permanent  basis,  it  would  seem  to  follow 
that  no  (pu'stion  could  arise  as  to  their  competency  to  deal  directly  with 
the  subject  tor  a  single  season.  If  (Jreat  IJritain  now  insists  upon  im- 
possible conditions,  vi/,,  that  the  conclusion  of  the  mo<his  rininli  is  to 
hv  delayed  nntil,  and  uiade  contingent  upon,  the  assent  of  Russia  to 
stop  the  killing  of  seals  on  its  own  islands  and  in  its  own  waters,  an«l 
ujton  the  e.\ercis«i  by  tlu^  Uresident  of  powtus  not  conferred  by  law, 
this  would  be,  in  his  opinion,  a  practical  withdrawal  by  (Ireat  IJritain 
from  the  negotiations  for  a  inmhis  rircmli.  This  he  w<mld  very  much 
regret,  and  he  confidently  hopes  that  a  reconsideration  will  enable 
Lend  Salisbury  to  waive  the  suggestion  of  Jfussia's  participation  in  the 
agreement  and  the  inclusion  of  other  waters  than  those  to  which  the 
contention  between  the  United  States  and  Clreat  Britain  rehites. 

In  case  the  terms  of  the  uwiIkn  rirentU  are  agreed  upon,  the  President 
suggests  that  a  i)rovision,  heretofore  considered  in  another  c<mnection 
in  the  general  correspondeiu'e,  by  which  the  naval  «n'  other  duly  com- 
missioned officers  of  either  party  may  arrest  any  otteuding  vessel  ami 
turn  it  over  at  the  nearest  port  of  the  nation  whose  tiag  it  carries  for 
such  Judicial  i^roceedings  as  the  law  provides,  should  be  incorporated 
here,  the  more  effectually  to  <'arry  out  the  stipulations  of  the  r«'spective 
governments  to  i)r()hibit  their  citizens  and  vessels  from  taking  seals  in 
the  specified  waters  of  Rehring  Sea. 

Having,  with  a  view  to  an  exigency  which  he  has  sev<'ral  times 
caused  to  be  explained  to  you,  ]a'omptly  resptaided  to  the  suggestions 
of  your  note  of  yesterday,  the  President  directs  nu»  to  say  that  In*  will 
be  jdeased  to  have  from  Lord  Salisbury  a  prompt  response  to  these 
suggestions. 

1  am  further  directed  by  the  President  to  say  that  your  note  of  the 
same  date,  referring  to  the  conditions  of  the  proposed  arbitration,  and 


I 


308 


DIPLOMATIC    rORRKSPOKDKNnE, 


stilting;  tlic  objection  of  Lord  Salisltiiry  to  hoiiic  points  in  tlM>  propoHal 
of  Mr.  Blaine,  will  have  the  early  attention  of  the  I'lcsijlent. 
1  liavu,  etc.) 

William  F.  WiiAirmx, 

AvtiiKj  Scvn-tury. 


Sir  Julian  Paunce/otc  to  Mr,  Wharton. 

BUITISII  Lk()ation, 

WaHliinf/ton,  Jnne  (I,  1S91. 

Sir:  Tninie«liately  on  the  receipt  of  your  note  of  the  4th  instant, 
relativj'  to  the  proposed  unxliis  rininli  inBehrin^'  Sea,  I  eoninninieated 
its  contents  to  the  Manpiis  of  Salishnry  by  telegraph.  I  hiive  now  the 
honor  to  inform  yoM  that  late  last  night  I  received  a  telegraphic  re|»iy 
from  his  lordsiiip,  of  which  the  substance  is  contained  in  the  inclosed 
luemorandnm. 


1  have,  etc., 


Julian  Pauncefote. 


C« 


,.i^ 


/r 


nKIiniNO   8KA   MODI'S  VIVENDI. 
[Inclosuro  in  Sir  Julian  I'auncefotd'H  letter.— Momornndnm.] 


Her  Majesty's  Government  iUf^cpt  tins  jirojxisal  of  the  President  that  the  modus 
vivciDli,  if  agreed  ui)oii,  shonhl  jn'ovide  that  "  th<!  naval  or  other  dnly  coniniis.sioned 
ottieers  of  either  i)arty  may  arrest  any  ott'endinj^  vessel  and  tnrn  it  over  to  the  nearest 
port  of  the  nation  whose  llaf;  it  carries  for  snch  Jiiilieial  i»roceedinj;s  as  the  law  iiro- 
vides."  ]Jy  accepting  this  itroi>o8al  Her  Majesty's  Government  yive  to  the  cruisers 
of  the  United  8tat<)8  tlie  power  of  supervisinj;  the  conduct  of  British  subjects  in 
observing  the  proposed  agreement  at  sea.  This  is  a  concession  which,  in  l^ord  Salis- 
bury's opinion,  entitles  Her  Majesty's  Government  to  ask  from  the  United  States  the 
corres])()udiug  power  of  supervising  the  ])roceedings  of  the  United  States  citizens  on 
the  seal  islands.  It  is  ou  the  rtdelity  with  which  the  condition  of  not  killing  more 
than  7,.50O  seals  is  observed  that  the  (M|uality  of  the  ])roitosed  agreement  depends. 
Her  Majesty's  Goveninu'Ut,  therefore,  regard  it  as  indi.s]iensabl(^  that  they  should 
have  the  right  of  satisfying  themsi^lves  that  this  condition  is  fully  observed  by  citi- 
Z(^ns  of  the  United  States.  If  there  be  an  objection  ou  the  part  of  the  United  States 
Government  to  issuing  an  exe(iuatur  to  a  permauent  consul  on  the  seal  islands,  Lord 
Salisbury  suggests  that  they  can,  under  the  statute,  "specifically  authorize"  the 
residence  thereon  of  a  British  agent  during  the  ]»reseut  season. 

His  lordship  will  not  insist  (m  the  condition  that  Russia  shall  be  a  party  to  the 
.agreement,  but  he  nnist  earnestly  jjress  the  United  States  (Jovernment  to  extend  the 
prohii)itiou  to  their  citizens  and  vessels  over  the  entire  area  of  Uehring  Sea.  In  that 
case  Her  Majesty's  Government  on  their  part  will  similarly  extend  the  prohibition  to 
British  subjects  and  vessels. 

Lord  Salisbury  points  out  that,  if  seal-bniitlui;  1  ■  prohibited  on  one  side  of  a  purely 
imaginary  line  drawn  in  the  open  ocean,  wIiiK-  it  is  permitted  cm  the  other  side  of  the 
line,  it  will  be  impossible  in  many  cases  to  i-voi  t,  unlawful  sealing  or  to  infer  it  from 
the  possession  of  skins  or  lishing  tackle. 

In  conclusion,  Lord  Salisbury  states  that  Her  Majesty's  Government  consider  it  a 
matter  of  great  importance  that  the  two  Governments  should  agree  on  the  ti^rms  of 
arbitration  at  the  same  time  as  on  a  modnx  i^h-ciuti.  The  susiieusion  of  sealing  is  not 
a  measure  whioh  they  could  repeat  another  year. 

JULIA2{  Paunckfotk. 


1 


1 


I' 


! 


MODUS    VIVKNDI    ol'    IM)»|     \M)    ARItiri.'ATION. 


;5()1) 


Mr.   WlKU'ton  /<»  >Sir  .liilion  I'taimrfott, 


1)K1»AI{TMKNT   (»F   STATK, 

Wtisliinjitoii,  'hnir  (i^  I>:!>1, 

Str:  I  iiin  (lirocto«n»v  the  Pi'<'si(l«'iit  to  say  that  he  has  rco'ivt'd  with 
ji'ii'at  satisfaction  the  i  oteol'  L(»rtl  Sahslmry  of  to  day's  date  In  i<'ply  to 
my  not»^  of  the  4Mi  instant,  lie  diitHjts  nii'  to  asl;  you  to  ic^inind  Lord 
Salisltniy  thai  tlic  limitation  of  tlic  killing'  of  scal^  upon  the  ishinds  is 
al>solut('l\  witliin  tin-  control  of  llic  I'nitrd  Stat«'s,  as  a  daily  count  is 
made  by  s\\«>in  olhceis,  and  to  inform  him  that  already,  in  oidei'  to  as- 
sure such  control  jtenilinj;  these  ne^zoliations,  theaycnts**!' llie'l'reasuiy 
Department,  who  have  been  <lispalihed  to  the  seal  islands,  have  been 
insruj'ted  to  stop  the  killing:  win  ii  7,."»(M)  have  bt'cn  taken  and  to  await 
the  ariival  of  further  ordeis,  ihouiih  ordinarily  the  takin<;of  seals  on 
the  islands  does  not  be^'in  until  about  .Inly  1.  The  cMforcement  of  an 
ayie«'d  limitation  beiuf;'  so  fully  in  th(^  control  of  the  I'nited  Stati's,  the 
President  is  sure  that  Lord  Salisbury  will  not  (|Uestion  the  absolute 
{•ood  faith  of  this  Governnu'iit  in  observinjn'  its  stipidation  to  limit  the 
«'atch  to  7,o(M).  This  (io\  eminent  could  not,  of  course,  consent  to  any 
arranj^ement  thatimjtlied  such  a  <lonbt  or  invohed  any  foreign  suju'r- 
vision  (m  the  ishinds.  If  the  luomitt  and  etfectiial  recall  of  the  lleet  of 
Canadian  sealers  now  at  sea  was  as  fully  within  the  contrid  of  (Jreat 
IJritain  the  Pn'sideiit  would  not  have  sujij^'este^  the  provision  for  the 
arrest  by  either  jiarty  of  vessels  vicdatinjj  the  prohibition,  but  would 
have  rested  contidently  in  the  assurance  {^iven  by  Her  IVLiJesty's  (lov- 
ernment.  '' 

Put  in  view  of  the  fact  that  the  evidence  whi<  u  the  resi)ective  (lov- 
ernnients  will  jireseiit  to  the  Arbitrat«u'S  (if  that  liHi>py  solution  of  the 
])endiny'  ditticnlties  shall  be  attained)  must  be  collected  durinj>'  the 
present  season,  and  as  the  detinite  aj;reement  for  arbitration  can  not  be 
concluded  contemporaneously  with  this  a}»re('inent,  the  President  directs 
me  to  say  that  h«'  is  quite  willinjn'  to  ajiree  that  Jler  Majesty's  (loverii- 
nieiit  may  send  to  the  seal  islands,  with  a  view  to  <'olh'ctiny  the  facts 
that  may  be  involved  in  an  arbitration,  and  especially  facts  relating  to 
Meal  life  and  to  the  results  of  the  methods  which  have  been  pursued  in 
the  killing'  of  s(>als,  a  suitable  person  ov  persons  to  make  the  necessary  ♦ 
observations.  The  present  and  the  conijiarative  conditions  of  the  rook- 
eries may  become  an  important  consideratitm  before  arbitrat<»rs  in  a 
certain  event,  and  the  President  would  not  ask  that  the  evidence  ujmn 
this  subject  should  hv  wholly  from  one  side,  lie  is  desirous  that  the 
prohibition  of  the  killiu^'  of  seals  tor  this  season  shall  be  as  wide  and 
absolute  as  possible,  and  wiU  not  omit  the  exercise  of  any  power  con- 
fuh'd  to  him  by  law  to  promote  that  end.  He  direc^ts  me  to  assure  Lord 
Salisbury  that  ho  is  extremely  desinais  to  briny  to  a  speedy  conclusion 
the  pending  negotiations  for  the  submission  to  impartial  arbitration  (»f 
the  i)oints  of  dilterence  between  the  twodovernments,  and  rejirets  that, 
for  reasons  which  have  been  ex])laine(l  to  .\  on,  an  immediate  answer  can 
not  be  returned  to  his  lordship's  note  upon  that  subject  of  tin*  2d  in- 
stant. He  feels  sure,  however,  that  the  i)rompt  announcement  of  an 
agreement  for  a  inodim  for  this  season,  whih'  there  is  yet  time  to  make 
it  mutually  effective,  will  not  fail  to  have  a  hajipy  influence  u])on  the. 
linal  negotiations. 

It  is  hojied  that  authority  may  be  given  to  you,  as  the  representative 
of  Her  ]\IaJesty's  G(>veriiineiit  at  this  capital,  to  conclude,  immediately 
upon  the  passage  of  the  bill  now  pending'  in  Parliament,  the  following 
agreement: 


f 


r^V 


i 


310 


DIPLOMATIC    CORRESPONDENCE. 


For  tlu'  purpose  ofavoidinj;-  irritiitiiij'-  diHeiciices  ami  with  a  view  to 
promote  a  frieiully  settlement  of  the  (piestious  peiidiiiy'  between  the 
Crovernmeuts  of  Cheat  IJritain  on  the  one  side  an(l  the  United  States  of 
^imeriea  on  the  other,  touehiny  the  rif^hts  of  the  respective  nations  in 
the  Behrihg-  Sea,  the  followinj>  agreement  is  made,  whieh  shall  have  no 
effi'et  to  limit  or  prejudice  tlie  rights  or  ehiiuis  of  either  jxtwer,  except 
as  therein  exjnessly  stii)ulated  and  for  the  time  therein  limited: 

(1)  The  (Jovexnmeut  of  Great  Britain  will  jaohibit  until  IMay,  1892, 
the  killing  of  seals  in  all  that  part  ol"  the  Behring  Sea  lying  east,  east- 
wardly,  or  southeastwardly  of  tiie  line  described  in  article  1  of  the  con- 
vention between  the  United  States  and  Bussia  of  dsite  IMarch  30,  1807, 
and  will  promptly  take  such  steps  as  are  best  calculated  ettectively  to 
insure  the  observance  of  this  prohibition  by  the  subjects  and  citizens 
of  (treat  Biitain  and  all  vessels  tlying  its  Hag. 

(2)  The  (Jovernment  of  the  United  States  Avill  prohibit  until  May, 
1802,  the  killing  of  seals  in  that  part  of  Behring  Sea  above  described, 
and  on  the  shores  aiul  islands  thereof,  the  prt)perty  (  f  the  United 
States  (except  that  7,500  seals,  and  no  more,  may  be  taken  on  the 
islands);  and  the  (lovernment  of  the  Ignited  States  will  promptly  take 
such  steps  as  are  best  calculated  etiectively  to  insure  the  observance  of 
this  prohibition  by  the  citizens  of  the  United  States  and  the  vessels 
tlying  its  Hag. 

(.})  All  vessels  or  i)ersons  violating  the  laws  of  their  respective  Gov- 
ernments in  this  regard  outside  the  ordinary  territorial  limits  may  be 
seized  and  detained  by  the  naval  or  other  duly  commissioned  oflicers 
of  either  of  the  high  contracting  parties,  but  they  shall  be  handed  over 
as  socm  as  i)ractn'able  to  the  authorities  of  the  nation  to  which  the.\ 
respectively  belong  for  trial  and  for  the  imposition  of  the  penalties  and 
forfeitures  ])rovided  by  law. 

(4)  In  order  to  facilitaic  siu'h  iuoi)er  inquiries  as  Her  Ma jesty's  Gov- 
ernment nuiy  desire  to  make  with  a  view  to  the  presentation  of  the 
case  of  that  Government  betbre  arbitrators,  and  in  the  expectation 
that  an  agreement  for  arbitration  may  ultimately  be  reached,  it  is 
agreed  that  a  suitable  person  or  persons,  to  l)e  designated  by  Great 
I'.ritain,  will  be  permitted  at  any  time,  upon  application,  to  visit  or  to 
remain  upon  the  seal  ishmds  during  the  present  sealing  season  for  that 
purpose, 

1  have,  etc., 

William  F.  Wharton, 

Acting  Secretary. 


Sir  Julian  Paunce/ote  to  Mr.  Wharton. 

British  Leoation, 

Wanhinoton,  June  S,  1891, 

Sir:  T  have  the  honor  to  acknowledge  the  receipt  of  your  note  of 
the  (!th  instant  containing  the  terms  of  a  proi'osed  agreement  for  a 
moduli  rirendi  during  the  present  seal-tishery  seas<m  in  Herhing  Sea, 
whieh  1  communicated  at  once  by  telegraph  to  the  ^Nlanpiis  t>f  Salis- 
bury. 

I  hav<^  this  day  received  a  reply  from  his  lordship,  in  which  he  trans 
mits  a  draft  of  the  proposed  agreement,  with  certain  moditicatious  and 
additions. 


MODUS    VIVEM>r    OF    18!tl    AND    ARIUTRATION. 


311 


I  bej;'  to  inclose  a  copy  of  if,  and  to  rc(iiiest  tliat  yon  will  be  good 
enouyb  to  submit  it  to  your  Govennnent  lor  tbeir  consideration. 
1  bave,  etc., 

Julian  Tauncefote. 


AGKKKMENT. 

[Indnsiirc  in  Sir  Julian  raunccfoto's  letter.] 

For  the  piirpnso  of  avoidiiiu  ir.  littinji;  dittercnPi'S  iinrt  with  a  view  to  promote 
friendly  settlt'iiieiit  of  I  lit' finest  ions  ]>eiu1in^  between  the  two  (iovernnienls,  loneliin;; 
their  respeetive  rights  in  JJeliiing  !^ea  and  for  iireservation  of  the  seal  speeii's,  tlio 
following  agreement  is  made  without  pr<Jndice  to  the  rights  or  claims  of  either 
liarty : 

(1)  Her  Majesty's  (iovernmeiit  will  jirohibit,  until  May  next,  seal  killing  in  that 
part  (tf  HehringSea  lying  eastward  of  the  line  of  demarcation  descrihed  in  article  No, 
1  of  the  treaty  of  IWi?  hetwecu  thi'  United  States  and  h'ussia.  and  will  promptly  nse 
best  efforts  to  insnre  obsers  an<'e  of  prohibition  by  Itritish  snbjeets  and  vessels. 

(2)  The  United  States  (iovernnusnt  will  jirohibit  seal  killing  for  the  same  period  in 
th(^  same  part  «»f  Mering  Sea  and  on  the  sho.es  and  islands  thereof,  the  projterty  of 
the  United  States  (in  excess  of  7.50(1  to  be  taken  ou  the  islands  as  food  skins,  and  not 
for  tax  or  shipment),  and  will  jnomptly  use  best  eH'orts  to  insnre  observance  of  pro- 
liibition  by  United  States  citizens  and  xf'ssels. 

(3)  Every  oti'endiug  vessel  tir  person  may  be  seized  and  detained  by  the  naval  or 
otlier  duly  commissioned  olticers  of  either  of  the  high  contracting  paities,  but  they 
shall  be  handed  over  as  so(tn  as  inactieablc  to  the  authoiities  of  the  nation  to  whicli 
they  res])ectively  belong,  who  shall  alone  have  Jurisdiction  to  ti'y  the  oH'ense  and 
impose  the  penalties  lor  the  sanu\ 

'i'he  witnesses  and  proofs  necessary  to  establish  tin-  oli'ense  shall  also  lie  sent  with 
them,  and  the  court  adjudicating  upon  the  case  may  order  such  ]iuriion  of  the  lines 
im]iosed,  or  of  the  jiroceeds  of  the  eondennicd  vessel,  to  be  a])])lie<l  in  ))aynient  of  the 
ex])enscs  occasioned  thereby. 

(1)  In  order  to  facilitate  such  projier  ini|uiries  as  Her  Majesty's  (iovernnient  may 
desire  to  nuike  with  a  view  to  the  presentation  of  (he  case  of  that  (JovcrtMuent  before 
arbitralcvs.  and  in  expectation  that  an  agreement  for  arbiti'ation  nsay  be  arrived  at, 
it  is  agreed  that  suitable  ])ersons  designated  by  (Jreat  Itritain  w  ill  be  ]iermitted  at 
any  time,  upon  a]>]ilii'ation.  to  visit  or  to  remain  u])on  the  seal  islands  during  the 
jtrcsent  sealing  season  for  that  imrposi;. 

(."))  A  connnission  of  four  e\]ierts,  two  nominated  by  each  Govern.  .  nt,  and  a  chair- 
man nominated  liy  the  arbitrators,  if  a]ipoiuted,  and,  if  not,  by  the  aforesaid  com- 
mission, shall  <'xainine  and  re](ort  on  the  following  qu<'stion : 

What  international  arrangenwiits,  if  any,  between  Great  Ihitian  and  the  United 
States  and  Kussia  or  any  other  Power  are  necessary  for  the  ]>nrpose  ol' preserving  the 
tnr-seal  race  in  the  northern  Pacific  Ocean  from  extermination? 

((»)  The  (ioverninent  of  the  United  States  will  Join  with  that  of  Her  Majesty  in 
re(|ue8ting  Kussia  to  forbid  her  subjects  from  sealing  to  the  east  of  the  line  indicated 
in  article  No.  1  of  the  present  agreement  until  the  1st  of  May,  1892. 


Mr.  WhartoH  to  Sir  'Julian  Pmnicefote. 

Depaktment  of  State, 

Wdshtni/ton,  Juno  !),  MW. 
Sir:  I  am  directed  by  tbe  President,  in  resitonse  to  your  note  of 
.lune  S,delivered  tliis  morning,  to  say  tlnit  be  ri'gretstbat,  at  tbe  moment 
vvben  tbe  two  Governments  seemed  to  bii\e  readied  an  agreement  in 
tbis  matter  (vbicb  is  one  calling  for  tlie  utmost  )U'om|»tness  of  lotion), 
new  conditions  sliould  be  sug,gested  by  Lord  Sidisbury.  Witb  tbe 
acceptamu^  of  tbe  proposition  sultmitted  in  my  last  note,  relating  tojier- 
mission  to  Hritisb  agents  to  visit  tbe  seal  islands,  an  agreement  had 
been  readied  upon  all  tbe  conditions  tbat  bad  been  previously  discussed 


312 


i)irL( )MATrc  coifUKsiv )N I )i:nck. 


|!:i 


t 
I  i 


I 


or  siifijiosstcd  in  this  roiiiu'ctioii.  Tlio  President  does  not  object  to  llu^ 
nioditieatioii  of  liis  |tro]»osiil  sujijicsted  in  the  first  article  submitted  by 
yon,  for  he  assumes  that  tlie  terms  used,  wiiile  not  as  stronf>',  ]M'rhaps, 
as  those  sujijicstcid  by  tliis  (lovernment,  do  fully  <omn>it  the  Govein- 
ment  of  (Ireat  IJritain  to  |)romi>t  and  eneryetic  measures  in  the  repres- 
sion of  the  kiliinj^'  of  seals  by  the  subjects  and  vessels  of  that  nation. 

The  proposal   submitted  lij'  you  on  .hine  3  contained  this  clause: 
"  Durinji'  thejieriod  above  si»ecilied  the  United  Statesdovernmentshall "" 
havi'  therif'ht  to  kill  ',i)(H)  sj'als."     Mow,  his  lordship  adds  a  most  extra- 
ordinary, and  not  alto<>etiier  clear,  condition  (1  (luote),  "to  be  taken  on 
the  shores  and  islands  as  food  skins,  and  not  tor  tax  or  shipment."' 

This  new  conditn)n  is  entirely  inadmissible  and,  in  the  opinion  of  the 
['resident,  inconsistent  with  the  assent  already  yiven  by  Her  jMajesty's 
(Jovernment  to  the  i»roposition  of  the  United  States  in  that  behaif.  It 
had  been  i)articularly  explained  in  the  correspondence'  that  the  lessees 
of  the  ])rivilej;e  of  takinj;  seals  ujio)!  the  islands  assumed  obligations  to 
sii]>plytothe  natives  the  food  and  other  thin  <>s  necessary  for  their  subsist- 
ence and  (omfort,  and  that  the  takinji  of  the  limited  number  of  seals  was 
not  only  to  supply  tlesh  to  the  natives,  but,  in  sonu'  part,  torccomi»ense 
the  '  Ompany  for  furnishing  other  necessary  artich's  of  food,  ch>thin<>', 
ar.i  fuel.  Tlu'  President  is  sui  prised  that  it  should  now  be  sujigested 
tmit  none  of  the  skins  should  be  renH)ved  from  the  island,  and  lie  ci.a 
not  understand  how  British  interests  can  be  jn'oniotxid  by  allowing- them 
to  go  to  waste. 

The  ]»revious  c<nnmunieations  of  Her  JMajesty's  Government  hixv  in 
the  opinion  of  the  I'resident,  concluded  this  nnitter. 

As  to  the  third  clause  of  yimr  projiosition,  1  am  directed  to  say  th,,i; 
the  contention  between  the  United  States  and  (Jreat  IJritain  has  rela- 
tion solely  to  the  resjiective  rights  of  the  two  Governments  in  the  waters 
of  llehring  Sea  outside  of  the  ordinary  territorial  limits,  and  the  sti]m- 
lations  for  the  cooperation  of  the  two  Governments  during  this  seasou 
have,  of  course,  the  same  natural  limitation.  This  is  recognized  in 
Articles  I  and  1'  of  your  i>roposal,  for  you  will  observe  that  the  obliga- 
tion assumed  by  1 1 tr  .Majesty's  (iovernment  is  to  inohibit  seal  killiug 
in  a  certain  part  of  JJehring  Sea,  whereas  the  obligatiim  assumed  in  the 
second  article  by  the  G(»vernment  of  the  I'liited. States  is  to  prohibit 
seal  killing  in  the  same  part  of  IJehiing  Sea  and  the  sh(»res  and  islands 
thereof,  the  property  of  the  I'nited  States.  The  killing,  therefore,  of 
seals  on  the  islands  or  within  the  territorial  waters  of  the  United  States 
falls  only  within  the  i»rohibition  of  this  (iovi'inment.  His  lordship  will 
als(»  see  that  it  is  altogether  beyond  tiie  power  of  the  President  to  stipu- 
late that  an  offense  committed  in  the  undisiinted  territory  of  theUnited 
States  against  its  laws  shall  be  triable  only  in  the  courts  of  another 
nati(»n.  The  exteiisicm  of  this  clause  to  the.  territory  and  territorial 
waters  of  ihe  I'nited  States,  therefore,  involves  an  insuperable  legal 
dithculty  (»n  our  jiart  and  a  con<'ession  which  no  indejiendent  Govein- 
ment  could  be  ex]>ected  to  make.  The  mutual  police,  which  is  to  be 
stijmlated  for,  could  not,  in  the  nature  of  things,  ajtply  to  the  territoiial 
waters  within  the  undisi»uted  and  exclusive  juiistliction  of  either. 

To  the  fouith  clause,  which  is  in  substance  the  same  as  the  proposi- 
tion made  by  this  Governnu'iit,  no  objection  is  interi»osed. 
-  As  to  the  fifth  clause,  1  am  directed  to  say  that  thePn  sident  regards 
the  pro|tosition  to  a]»i»(»int  a  Joint  Coniniission  to  investigate  and  rej)ort 
as  to  what  regulations  or  international  agreements  are  necessary  to 
preserve  the  seal  (isheiies  to  be  one  of  the  incidents  of  the  agreement 
for  arbitrath)!!  and  to  have  no  i)roper  place  here.    This  distinction  seems 


MOI)i:S    VIVlilNDI    OF    18!)!.   AND    AUIUTUATION. 


313 


•^ 


I 


to  liiivc  l>c*«'!i  i('cu};iiizt'<l  Uv  his  loidslii]),  iiiid  his  i»i<)[»(),sal  of  such  a 
(.'(iiiniiissioii  was  niiide  part  of  the  separate  note  discussing  the  terms  of 
aibitrat ion  presented  l»y  you  on -lune  .'>,  and  lias  never  until  now  aj)- 
peared  in  the  <M»rrespondence  relatinj;  to  a  iihkIiih  rircndi.  Tiie  Presi- 
dent thinks  the  fourth  clause,  wliich  has  been  accepted,  makes  ample 
present  provision,  hut  will  ;;'ive  a  fall  consideration  to  the  suji<;('sti«ni  of 
a  .Joint  (jommi-sion  in  connection  with  llie   negotiation  for  arbitration. 

To  the  sixth  and  last  clause  the  Tresident  directs  me  to  say  that,  so 
far  as  he  is  aware,  no  vessel  bcarinj;'  the  Ifiissian  tla,t>'  has  at  any  time 
intruded  into  the  waters  describe<l  in  the  i>roposed  ajireemeiit.  lie  is 
entirely  in  symi>athy  with  the  expr<'ssed  desire  of  liord  Salisbuiy  to 
secure  such  limitations  as  to  the  huntinj^  of  seals  in  tlw  whole  of  IJehr- 
iu};'  Sea  as  will  preserve  to  mankind  this  valuable  industry;  but  he  does 
not  think  that  an  aj;reenu'iit  to  unite  in  any  Joint  note  to  i\Missia  should 
be  interposed  here  and  at  this  time.  Moicovei-,  l.ord  Salisbury  will 
Iterceivetliat,  in  tlie  ]>resent  state  of  the  American  law,  if  IJussia  should 
ask  f(U'  reciprocal  action  by  this  (lovernment  west  (»f  the  treaty  line,  the 
President  wouhl  be  confronted  witli  tiie  same  diiliculty  that  prevented 
him  from  extending  the  agieement  with  Her  Majesty's  ClovernnK'ut  to 
tlie  whole  of  liehring  Sea. 

As  the  President  understands,  <^lie  adhesi(»n  <)f  the  two  Governments 
lias  been  given  in  this  correspondence  to  the  following  jnopositions: 

For  the  purpose  of  avoiding  iiritating  ditferen<*es  and  with  a  view  to 
promote  tiiendly  settlement  of  the  (pu'stions  [)ending  l»etween  the  two 
(lovernments,  touching  their  respccti\e  rights  in  Ueiiiing  Sea.  and  for 
the  preservation  of  the  seal  species,  the  following  agreement  is  made 
without  luejudice  to  the  rights  or  claims  of  eitlu'r  party: 

(1)  Her  Slajesty's  (lovernment  will  ])i'ohil»it.  until  ."May  next,  seal- 
killing  in  that  jiart  of  l>ering  Sea  lying  eastwaid  of  the  line  of  demar- 
cation described  in  article  No.  1  of  the  treaty  of  ISO?  between  the  Cnited 
States  and  Unssin,  and  will  iirojnptly  use  its  best  ellbrts  to  insure  the 
observance  of  the  prohibition  by  Ilritish  sul>Jects  and  vessels. 

(2)  The  United  States  Government  will  prohibit  seal-killing  for  the 
same  period  in  the  same  j)art  of  iJehring  Sea  and  on  the  shores  and 
islands  thereof,  the  proi)eity  of  the  Tnited  States  (in  excess  of  7,.")()0  to 
be  taken  on  the  islands  for  the  subsistence  and  care  of  the  natives),  and 
will  promptly  use  its  best  efforts  to  insure  the  observation  of  this  pro- 
hibition by  Tnitcd  States  citizens  and  vessels. 

(3)  Kvery  vessel  or  person  offending  against  this  i»rohibition  in  the 
said  waters  of  Hehring  Sea,  outvside  of  the  ordinary  teiTitorial  limits  of 
the  United  States,  may  be  seized  and  (h'tained  by  the  naval  or  other 
duly  commissioned  officers  of  either  (»f  the  high  contracting  parties,  but 
they  shall  be  handed  over  as  snoon  as  practicable  to  the  autlnu'ities  of 
the  nation  to  which  they  respectively  behtug,  who  shall  aloi  e  havejuris- 
diction  to  try  the  offense  aijd  impose  the  penalties  for  the  same.  Tlie 
witnesses  au<l  proofs  necessary  to  establish  the  ofleuse  shall  also  be  seut 
with  them. 

(4)  III  Older  to  facilitate  such  proper  inquiries  as  ller  .Majesty's Gov- 
ernment may  desire  to  make  with  a  view  to  the  presentation  of  the  case 
of  that  (Jovcrniiient  before  Arf>itratovs,  and  in  expectation  that  an 
agreement  for  arbitraticni  may  be  arrived  at,  it  is  agreed  that  suitable 
persons  designated  by  Great  Britain  will  be  iiermitted  at  any  time, 
upon  application,  to  visit  or  to  remain  upon  the  seal  islands  during  the 
present  sealing  season  for  that  purjiose. 

The  President  directs  me  to  inform  you  that  the  (Jo\ernment  of  tli<( 
United  States  is  ready  to  conchide  this  agreement,  if  it  can  be  put  into 
40 


;r 


i 


314 


DirLOMATIC    COKUKWroNDKNCE. 


force  iiimiediatcly.     The  value  of  such  an  agieeuu'iit  to  tlie  United 
States  is  daily  lesseuiii}>-,  and  the  i'lesident  therefore  feels  that  he  must 
ask  that  the  iie;>otiations  be  brought  to  a  speedy  deteriiiijiation. 
I  have,  etc., 

William  F.  Wuaeton. 


Sir  Jnliaii  raiincc/otc  to  Mr.  WJiarton. 

BUITISII    IjEOATION, 

Wtishiiifffon,  Jiiiir  10,  1S01. 

Sir:  I  have  the  honor  to  acknowledge  tin' re(!eii)t  of  your  note  of 
June  J),  delivered  this  day,  in  rei)ly  to  my  intte  of  tln'  8th,  in  which  I 
transndtted  for  the  consideratioTi  of  your  (lovernnient  the  dratt  of  a 
]>roi>osed  agreement  tor  a  moilns  rircndi  during  the  i»resent  fur-seal 
lishery  season  in  iJehring  kSea,  with  certain  moditieations  and  additions 
suggested  therein  by  the  Marquis  of  Salisbury. 

1  have  telegraphi-d  the  substance  of  your  note  under  reply  t(>  his 
lordship,  and  1  hope  to  be  able  to  connnunicate  to  y(ni  his  observations 
thereon  in  the  course  of  to-morrow  ov  the  foUowingday,  In  the  mean- 
while, with  refevi'iM'e  to  the  comi)laint  that  new  c(»nditions  sliouhl  have 
been  suggested  :■■■■  "^^is  stage  by  Lord  Salisbury,  I  would  beg  leave  to 
point  (mt  that  all  "dsldp's  suggestions  are  obviously  dictated  by 

a  desire  to  render  ^  ■;i<Hhis  rircndi  nihre  eft'eetive  and  to  do  all  that 
is  possible  ii*.  the  common  interest  for  the  lU'otection  and  the  pi'cservation 
of  the  seal  spei-ies  during  the  present  season. 

In  my  humble  opinion,  therefore,  it  is  to  be  regretted  that  those 
suggestions  shoid<l  not  have  commended  themselves  to  the  favorable 
eonsiderati<ui  of  the  President.  Thus  the  object  of  tlie  i»r()])osed  inserr 
ticm  in  artich^  2  of  the  words  "  food  skins,  and  not  for  tax  and  shipment," 
which  you  qualify  as  "extraordinary,"  was  not  to  i)revent  the  export 
and  sale  of  tin'  7,500  seal  skins,  of  which  the  proceeds  are  intended  to 
cover  the  cost  of  foo<l,  clothing,  fuel,  and  other  necessaries  for  the 
natives.  Its  sole  object  was  to  stop  the  injurious  practic<'  of  driving 
and  redriving  the  herds  to  the  killing  grounds  for  selection,  which  is 
n'sorted  to  in  the  case  of  seals  killed  "for  tax  and  shipnuMit,"  and  is 
stated  by  ex])erts  to  be  the  main  cause  of  the  depletion  of  male  seal  life 
on  the  islands. 

1  would  refer  ycm  f>n  this  ]>oint  to  the  report  of  S])ecial  Treasury 
Agent  0.  J.  Goit",  laid  belbre  Congress  (Ex.  Doc.  No.  4!>),  pi>.  4  and  2'.>; 
also  to  the  rep<nt<)f  Assistant  Treasury  Agent  Joseph  Murray,  at  page 
•S;  and  that  of  Assistant  Treasury  Agent  A.  W.  Lavender,  at  page  0, 
of  the  same  Congressional  paper. 

As  regards  Lord  Salisbury's  proposalsof  a  Joint  Commission,  it  is  by 
no  means  a  new  one.  It  has  long  been  calle<l  foi-  by  public  opinion  in 
both  countries.  It  was  inserted  among  Lord  Salisbury's  hist  proposals 
for  the  Arbitration  agreement  in  the  expectation  that  the  latter  docu- 
ment would  be  signed  contemi)oraneously  with  the  agreement  for  a 
modus  rirendi.  But  as  your  Government  is  not  prei>ared  to  bring  the 
Arbitration  negotiation  to  a  conclusion  without  further  considerati<m, 
and  as  it  isof  the  highest  importance  that  the  Joint  Connnission  should 
be  appointed  at  once,  in  order  to  enter  upon  its  functions  during  the 
present  fishery  season.  Lord  Salisbury  luis  had  no  alternative  but  to 
urge  the  insertion  of  the  article  providing  for  a  Joint  Connnission  in  the 


V 


\.}    \\ 


-/ 


/ 


MODT^S   VIVENDI    OF    1891    AND    At;  Hit  RATION. 


sif) 


agroomont  for  tlio  modus  rhrudi,  of  whic'.i  it  should,  in  tlie  opinion  of 
iler  Miijesty's  Government,  be  a  component  part. 

The  objection  of  the  President  to  that  article  in  the  modus  rircnd! 
appears  to  me  to  create  the  greatest  ditiienlty  which  has  yet  presented 
itself  in  the  course  of  this  negotiation,  and  I  earnestly" hope  that,  if 
Lord  Salisbury  should  be  <lisposed  to  waive  the  other  conditions  to 
which  excei)tion  is  taken  in  your  note,  the  President,  on  his  part,  will 
accede  to  his  lordship's  wishes  in  respect  of  the  Joint  Commission. 
I  have,  etc., 

Julian  Pauncefote. 


Sir  Julian  Pauncefote  to  Mr.  Wharton. 

British  Legation, 

Washington,  June  11,  1891. 

Sir:  With  reference  to  my  note  of  yesterday,  and  especially  to  the 
concluding  part  of  it,  I  have  the  honor  to  inform  vou  that  I  have  this 
day  receiv<'d  by  telegraph  from  the  Manpiisof  Sal'isburv  a  reply  to  the 
proposal  for  a  modus  i-irendi  during  the  present  fur-seaf  fishery' seas<m 
in  Hehri'ig  Sea,  contained  In  your  note  of  June  9. 

His  lordship  states  that  the  President's  refusal  to  adoi)t  his  sugges- 
tions with  resi)ect  to  Eussia  renders  the  lu'oposed  modus  rirendi  much 
less  valuable,  and  that  he  is  Feluctant  to  abandon  the  words  which  In^ 
had  i)roi»osed  for  insertion  in  article  2  in  relation  to  the  reservation  of 
the  7,500  seals  to  be  killed  on  the  islands. 

^^'vertheless,  in  view  of  tlie  urgency  of  the  case,  his  lordship  is  dis- 
posed to  authorize  me  to  sign  the  agreement  in  the  precise  terms  formu- 
lated in  y<mr  note  of  June  0,  pr<)vided  the(|uesti()nof  a.jointcomnussion 
be  not  left  in  doubt  and  that  your  (iovernment  will  give  an  assurance 
in  some  form  that  they  will  concur  in  a  reference  to  a.joint  conunission 
to  ascertain  what  ])ermanent  measures  are  necessary  for  the  preserva- 
tion of  the  fur-seal  si)e('ies  in  the  Northern  Paciflc  Ocean. 

I  have  tli(^  h<mor,  therefore,  to  inquire  whether  the  President  is  pre- 
]»aied  to  give  that  assurance,  and,  if  so,  I  shall,  on  receipt  of  it,  lose  no 
time  in  ccmimunicating  it  by  telegraph  to  Lord  Salisbury  and  in  ap- 
plying to  his  lordship  for  authority  to  sign  the  proposed  agreement. 
I  have,  etc., 

Julian  Pauncefote. 


y 


Mr.  Wharton  to  Sir  Julian  Pauncefote. 

Department  of  State, 

Washington,  June  11,  IRDl. 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  ycmr  note  of  to- 
day's date,  and  in  reply  I  am  directed  by  the  President'to  say  that  the 
(Iovernment  of  tlH'  United  States,  recognizing  the  fact  that  full  and 
ade<iuate  measures  for  the  protection  of  seal  life  sluMild  embrace  tlu^ 
whole  of  Jjehring  Sea  and  portions  of  the  North  Pacilic  Ocean,  will 
have  no  hesitancy  in  agreeing,  in  connection  with  Her  Majesty's  (Iov- 
ernment, to  the  appointment  of  a. joint  commission  to  ascertain  what 
permanent  measures  are  necessary  for  the  preservation  of  the  seal 


3ie 


DlPLOAfATIC     CORKKSPONDENCE. 


six'cies  ill  the  watcv.s  rcf'orrcd  to,  siicli  iiii  iigreemeiit  to  he  sijjned  siiniil- 
Tiincously  with  the  coiiveiitioii  for  arhitratioii,  and  to  be  without  preju- 
<li<"e  to  till'  (iiiestioiis  to  be  submitted  to  the  arbitrate u's. 

A  full  ie])ly  to  your  note  of  June  3  relatinj^'  to  the  terms  of  arbitra- 
tion will  not  be  long  delayed. 
I  have,  etc., 

William  F.  WHAKTf>N, 

Acthuj  Uttrctury. 


Sir  Julian  Pauncefote  to  Mr.  Wharton. 

British  Legation, 

Washinfftou,  June  IH,  1^91. 

Sm:  I  lost  no  time  in  telegraphiufy  to  the  Afarquis  of  Salisbury  the 
<'onteiits  of  your  note  of  June  11,  conveyinji'  the  assent  of  your  Govern- 
iiu'iit  to  the  appointmei't,  in  connection  with  Her  Majesty's  Govern- 
ment, of  a. joint  coiinnission  tor  the  ]mrpose  nu'iitioned  in  my  note  to 
you  of  the  same  date,  such  agreement  to  be  signed  sinuiltaiieoiisly  with 
the  convention  for  arbitration,  and  to  be  without  prejudice  to  the  <pies- 
tioiis  to  be  submitted  to  the  arbitrators. 

I  informed  his  lordship  at  the  same  time  that,  in  handing  me  the 
note  under  reply,  ycm  luid  assured  me  that  tin-  IMesidt'ut  was  anxious 
that  the  commission  should  be  ai)p(unted  in  time  to  commence  its  work 
this  season,  and  that  your  Government  would,  on  that  account,  use 
their  utmost  eftiu-ts  to  expedite  the  signature  of  the  arbitration  conveii- 
ti«m. 

1  now  have  the  honor  to  inform  you  that  I  have  this  day  received  a 
telegraphic  reply  from  Lord  Salisbury,  in  which,  while  conveying  tome 
authority  to  sign  the  proposed  agreement  for  a  itiodiis  r/rr»^(/ contained 
in  your  note  of  June  9,  his  lordship  desires  me  to  place  on  record  that 
it  is  signed  by  me  on  the  clear  understanding  that  the  joint  commission 
will  be  aj (pointed  without  delay. 

Gu  that  understanding,  therefore,  I  shall  be  prepared  to  attend  at 
the  State  Dei>artment  for  the  i)urposeof  signing  the  agreenu'nt,  at  such 
time  as  you  may  be  good  enough  to  appoint. 
I  have,  etc., 

Julian  rAUNOEFOTE. 


Mr.  Wharton  to  Sir  Julian  Pauncefote. 

Department  op  State, 
Washington,  June  IS,  1891. 

Sib  :  The  President  directs  me  to  say,  in  resjtonse  to  your  note  of  this 
date,  that  his  assent  to  the  i)roi>ositiou  for  a. joint  commission,  as  ex- 
pressed in  my  note  of  June  i»,  was  given  in  the  exi)ectati<m  that  both 
Governments  would  use  every  ]>roper  effort  to  adjust  the  remaining 
]H(inta  of  ditterence  in  the  general  c(nrespondence  relating  to  arbitra- 
tion, and  to  agree  upon  the  delinite  terms  of  a  submission  and  of  the 
appointment  of  a  joint  comuiission  without  unnecessary  tlelay. 


\ir    I! 


MODrS    VIVHXDI    OF    1801    A\l»    AUBITRATION. 


317 


He  is  h1:i<1  that  un  a<>i'eoin('iit  lias  finally  Ixhmi  roaclnMl  I'or  the  ix'iuliiiy' 
season;  and  I  l)oji  to  say  tliat,  if  you  will  call  at  the  Department  at   10 
(M-lock  Monday  next,  I  will  l)e  glad  to  put  into  writing  and  give  formal 
attestation  to  the  iikkIks  civeudi  which  has  been  agreed  upon. 
1  have,  etc., 
^  William  F.  VViiahton, 

Actiuij  ISvcretary. 


Modus  Vireiiflf  respecting  the fursen} fisheries  in  Behring  Sea. 

BY  TUE  PKESIUKXT  OF  TIIK  UNn'KI)  STATKS  OK  AMKRICA. 


A  PROCLAMATION. 

Whereas  an  agTcement  for  a  modus  rirendi  between  the  Government 
of  the  United  States  and  the  (lovernment  of  Her  Britannic  Majesty,  in 
relation  to  the  fur-s«'al  tisheries  in  Behring  8ea,  was  concluded  on  the 
tifteenth  day  of  .June,  in  the  year  of  our  Lor<l  one  thousand  eight  hun- 
dred and  niuety-one,  word  for  word  as  follows: 

Agreement  between  the  Gorernmeiit  of  the  United  States  and  the  (lorcninicnt  of  FTcr 
Britannie  Mnjesty  for  a  modus  virendi  in  relation  to  the  fur-seal  fisheries  iu  Behring 
Sea. 

For  the  pnvposo  of  avoiding  irritiitiiig  (liiTcioiK'es  and  with  a  view  to  promote  the 
friendly  settlement  of  the  ([uestiou  pending  h(?tween  the  two  trovernments  touching 
their  respective  rights  in  Heliring  .Sea,  and  for  the  i)reservation  of  tiie  seal  ajtec'ies, 
the  foHowing  agreement  is  made  without  prejudice  to  the  rigiits  or  claims  of  either 
party: 

(1)  Her  Majesty's  Government  will  iirohihit,  until  May  next,  seal  killing  in  that 
I)art  of  Hehring  Sea  lying  eastward  of  the  line  of  demarcation  dcserilted  in  Article  No. 
1  (tf  the  treaty  of  1H(!7  hetween  the  United  States  and  Russia,  and  Avill  promptly  use 
its  liest  etforts  to  ensure  the  observance  of  this  proliihitlon  by  Hritish  subjects  and 
vessels. 

(2)  'rtie  United  States  (Jovcrnmeut  will  prohiliit  seal  killing  for  thi'  same  period 
in  the  same  ])art  of  IJehring  Sea  and  on  the  shores  and  islaiuls  thereof,  the  projierty 
of  th((  I'nited  States  (in  excess  of  7,.'>0()  to  be  taken  on  the  islands  fiw  the  subsistence 
and  care  of  the  luitives),  ami  will  promptly  use  its  best  etforts  to  ensure  the  observ- 
ance of  this  prohil)ition  by  I'nited  States  citizens  and  vessels. 

{'A)  Every  vessel  or  ]>erson  ottending  against  this  jjrohibition  iu  the  said  wiiters  of 
15(diring  Sea  outside  of  the  ordinary  territorial  limits  of  the  I'nited  States,  may  be 
seized  and  detained  liy  the  naval  or  other  duly  coniinissioned  officers  of  either  of  the 
High  Contra(;ting  Parties,  but  they  shall  be  handed  over  as  soon  as  ])racticable  to 
the  authorities  of  the  nation  to  which  they  respectively  belong,  who  shall  alone 
have.jurisiliction  to  try  the  offense  and  impose  the  i)enalties  for  the  same.  The  wit- 
nesses and  proofs  necessary  to  esta))lish  the  otfense  shall  also  be  sent  with  thcan. 

(4)  In  order  to  facilitate  such  proper  iu((uiries  as  Her  Majesty's  Government  may 
desire  to  make,  with  a  view  to  the  presentation  of  the  case  of  that  Government  be- 
fore arbitrators,  and  in  expectation  that  an  agreement  for  arbitration  may  be  arrived 
at,  it  is  agn^ed  that  suitable  persons  designated  by  (ireat  Hritain  will  be  ])ermitted 
at  any  time,  upim  application,  to  visit  or  to  renuiin  upon  the  seal^hilands  during  the 
present  sealing  season  for  that  jinrpose. 

Signed  and  sealed  in  duplicate  at  Washington,  this  tifteenth  day  of  .June,  1891,  on 
behalf  of  their  respective;  Governnu'iits,  by  William  F.  Whaiton,  Acting  Secretary 
of  State  of  the  United  States,  and  Sir  .Julian  I'auncefote,  G.  C.  M.  G.,  K.  C.  B.,  H. 
15.  M  Envoy  Extraordinary  and  Minister  PleuipotiMitiary. 

William  F.  Wharton  [skal]. 
.Julian  Pal'\cei'(»tk      [skal]. 

Now,  therefore,  be  it  known  th.at  T,  r>enjamin  Harrison.  I*resi<lent  of 
tUe  United  States  of  America,  have  caused  the  said  agreeiuent  to  bo 


318 


WPLOMATtr     rORRKSPONnivNOE. 


iiiiulo  public,  lo  Uw  out]  fhif  ti,..  , 

aiMl  tlw  nti'M'm  tlieie.»f.  '^  *'"  '  '"^•''^  ^^^"^^'-^  of  AiiuMi.n 

Of  «.:&'^S^^Jr:fc"*^  ^"^  '">'  "-^  "-^  ---1  tl.o  seal 

[SEAL.]  iJ  Hired  .Mates  the  one  Imndred  and  fifteenth. 

By  the  President:  Benj.  Harrison. 

William  F.  Whaeton, 

Acting  Secretary  of  State. 


Mr.  Wharton  to  Sir  Julian  Pauncefote. 


^  ^'>  Julian  Pauncefote  to  Mr.  Wharton. 

British  Legation, 

.Sir:  I  ha,ve  the  honor  to  inform  vou  thlt'n  "■'''"'  '^""'  '''  ''"'■ 
nication  from  Her  Maiestv's  P.i  w./J..?? «        .   ^  ''''^'®  received  a  commu- 
fairs  to  the  effect  t  n/  £  n„lL"  ,^«^"retary  „f  State  for  Foreign  if- 

Sir  George  Baden'poU!"  tT  'Za'^'T'''^  P'^^^^  *«  ^^^ 
proceed  to  the  Pril)ilof  fsli  ul«'tvt  ii  '>awson  commissioners  to 

f..r-seal  fishery  in  S!n^  Sea  *'"  P"^P*^'^'  ^*"  examining  into  the 

In accordan<'e  witii  the  insfinz-fiV^,.  ^*' <.i    nr 
the  honor  to  request  th',t^^e,n.it^n       *''^^r'"*l»'«"f  Salisbury,  I  have 

I  have,  etc., 
"^fmTT*""! — - -__    Julian  Pauncefote. 


/  ■ 


MODU.S    VIVENIM    (»r    IX'Jl    AND    AKKITUATIUN.  319 

Behriufi  Sea  mtuhn  vivcndi. 

[MviiiorHiulum.] 

Washington,  June  2.%  ]s>)]. 

The  following  iiistrnctioiia  luivc  hi'en  issued  to  tin'  Hiitisli  senior 
naval  oflieerat  Ksquiinanlt:  He  is  to  proceed  to  IJelirinj;-  Sea  with  Ih'r 
Majesty's  ships  Xymplic  and  I'linitunit  and  eruise  to  the  eastward  of  the 
line  of  deniareation  mentioned  in  articles  1  and  2  of  the  niothis  riniidi, 
warninji'  all  British  vessels  found  acting'  in  ij;noran<'eof  the  prohil)iti(»n. 
J le  is  to  confiscate  the  sealing' e(|uipnu'nt  of  any  British  vessel  found 
deliheiately  oft'endinj'',  reconliny  lier  name  and  the  nanu'of  her  masti'r 
for  prosecution  afterwards,  lie  is  to  arrest  any  American  vessel  f()und 
deliherately  otteiulinjjf  and  record  her  name  and  the  name  of  her  caj)- 
tain,  together  with  the  proof  of  the  offense  for  which  she  is  arrested, 
informing  Tnited  States  cruisers. 

Mer  Majesty's  ship  /V)/7>o/.sr  will  be  ord«'red  from  China  to  Join  the 
other  shi])s  under  his  «'ommand.  Her  Majj'sty's  (lovernment  are  of 
opinion  that  there  sliould  b«'  an  tiuderstanding  between  the  two  (lov- 
ernments  for  nuitual  indemnities.  A  cruiser  of  one  nation  arresting  a 
vessel  of  the  other  can  only  be  Justified  in  doing  so  as  the  agent  of  such 
other  nation,  and  should  therefore  act  in  that  «'haracter. 

Her  Majesty's  (lOvernnuMit,  tliei-efore,  suggest  that  the  two  Govern- 
ments shall  agree  to  indemnity  each  otluir  in  respect  of  any  a<'ts  com- 
mitted in  pursuance  of  sucli  agency  by  thfe  cruisers  of  one  nation  against 
the  vessels  of  the  other  in  execution  of  the  modus  I'it'nidi. 

Julian  rAUNCEFOTE. 


Mr.  Wharton  to  Sir  Julian  Pauncefotc. 

Depaktment  of  State, 
Washlufiton,  June  :.''),  tsftl. 
Sin:  The  correspondence  between  this  Government  and  that  of  Her 
JNIaJesty  has  happily  resulted  in  an  agreement  upon  the  first  five  pi'o]»- 
ositions,  which  are  to  constitute  the  basis  of  a  proposed  arl)itration 
relating  to  the  controversy  which  has  arisen  as  to  the  respective  rights 
of  the  two  Governments  in  the  Behring  Sea.  In  the  note  of  Lor<l  Salis- 
bury of  the  21st  of  February  last  he  states  his  objection  to  the  sixth 
]»roposition,  as  presented  in  the  letter  of  ]Mr.  IJlaine  of  December  17, 
1890,  in  the  following  words:    ' 

Tin-  sixth  (|Uestioii,  which  dealw  with  thii  issues  tliat  will  iirisc  in  castj  tlit!  coiitro- 
Yorsy  should  he  decided  in  favor  of  Great  Hritaiii,  would,  i)erhaiis,  tuorc  titly  forui 
the  substance  of  a  sej)arate  reference.  Her  Majesty's  Governuieut  have  no  olijection 
to  referring  the  general  (piestion  of  a  closed  time  to  arbitration,  or  to  ascertain  by 
that  nn^ans  how  far  the  enactment  of  such  a  jjrovision  is  necessary  for  the  jirescrva- 
tion  of  the  seal  species;  but  sin-h  reference  ought  not  to  contain  words  a]i]>eariug  to 
attribute  special  .and  abnormal  rights  in  the  matter  to  the  United  .states. 

I  am  now  directed  by  the  President  to  submit  the  following,  which 
he  thinks  avoids  the  objectiim  urged  by  Lord  Salisbury: 

(())  If  the  determination  of  the  foregoing  questions  as  to  the  exclusive 
Jurisdiction  of  the  United  States  shall  leave  the  subject  in  »\H'h  i»osi- 
tion  that  the  concurrence  of  Great  Britain  is  necessary  to  the  establish- 
ment of  regulations  for  the  i)r(»per  protectiou  and  the  j>reservation  of 
the  fur  seal  in,  or  habitually  resorting  to,  the  Behring  Sea,  the  arbitrators 


320 


DIl'LOMATK      CORKKSPDM'KNCK. 


sliiill  (Ih'ii  (li'tciiiiiiie  what  coiu'iirreiit  n'jiiilation.s  outside^  tlie  Jiiiis- 
ilictioiial  limits  of  tlic  icspcctivc  (iovci'iiinciits  are  lu'ccssaiy,  and  nwv 
wliat  waters  siicli  i'('<;iilati(>iis  slioiild  cxfciKl;  and,  to  aid  tliciii  in  tiiat 
dctcrniination.  the  rciMtit  otth«'  .loiiit  Coniniission,  to  be  apiioinlcd  l>y 
the  r«'S]K'(;tiv»'  (lovt'iinnents,  sindl  be  hud  iiefore  tla-in,  willi  such  other 
evi<b'nee  as  eitlier  (loveiiinient  may  submit.  The  eontraetinji'  powers 
(nrthermoreajiree  toco(iperat«'  in  seeurinj;'  the  adiiesion  of  other  powers  - 
to  sueli  reguhitions. 

In  your  note  of  tin'. 'Jd  instant  yon  pntpose,  on  behalf  of  ITer  Ma.jesty's 
(lovernmcnt,  the  following  achlitional  article:  , 

It  sliiill  111'  niiiiprlriit  tu  thf  Ai'ltiti'titdi's  tu  iiwai'd  such  i-i>iii|ii'usiitii)ii  iis.  in  llii'ii' 
Jiii1;iin('nt.  Hliiill  s(!rme(|Mital)le  to  tlii'  siilijtM'tHimd  cilizciisiifcitlH'r  jiowcr  wlni  sliall 
ill' mIiiiw)!  til  li;i\o  lii'i'ii  (Itniniilicd  in  tlii'  |Mii'Niiit  nf  tlii>  iniliistrv  nf  scnlin^  1i,v  tlio 
iutiiin  111'  the  ntlnr  jiowcr. 

Tiie  I'residcnt  can  not  ji'ive  his  asstMit  to  tliis  form  of  snbmittinj;'  the 
(juestion  of  compensation.  It  entirely  omits  notice  of  tlie  important 
tact  that  the  (lovernmcnt  of  the  rnit«'d  States,  as  the  owners  of  tlie 
seal  tisheries  on  the  I'ribilof  Islands,  has  interests  which  have  been 
injuriously  afl'ected  by  the  pelagic  sealing",  of  which  complaint  has  been 
made  in  this  correspondence. 

This  (iovernment  has  derived  a  xavy  large  annual  income  from  this 
property,  and  that  income  has,  in  the  opinion  of  the  President,  been 
very  seriously  impaired  and  imperiled  by  the  destruction  of  the  seal  in 
the  sea  whih'  ])assing  to  and  from  the  breeding  grounds  on  these 
islands.  The  (iovernment  of  Her  Majesty  has  directly  interposed  "to 
siipjiort  the  Canadian  sealers,  and  will  not,  the  President  assumes, 
desire  to  avoid  res|>onsibility  for  any  danniges  which  have  resulted  to 
the  I'liited  States  or  to  its  citizens,  if  it  shall  be  found  by  the  Arbitra- 
tors that  the  pursuit  of  seajs  by  these  Canadian  vessels  in  the  sea  was 
an  infraction  of  the  rights  and  an  injury  to  the  property  of  this  Gov- 
ernment. The  (a'oi)osal  submitted  by  you  distinctly  limits  the  liability 
of  Her  Maiesry's~Governmeul,  in  case  of  a  decision  in  favor  of  the 
Tnited  States,  to  c<mi[)ensation  to  the  citizens  of  this  country.  It  will 
be  api>arent  to  Lord  Salisbury  that  whatever  damages  have  resulted 
from  pelagic  sealing  as  pursued  by  vessels  tlying  the  IJritish  flag  have 
accrued  to  the  United  States  or  to  its  lessees.  The  President  does  not 
doul)t  that  the  purpose  of  Her  ^Majesty's  (rovernment,  in  the  proi)osal 
under  dis(!Ussion,  was  to  secure  the  party  injured  equitable  compensa- 
tion for  injuries  resulting  from  what  iiuiy  be  found  by  the  Arbitrators 
to  have  been  the  unlawful  and  injuricms  act  of  either  (government. 

From  the  iu»te  of  Lord  Salisbury  of  February  21,  to  which  reference 
has  been  made,  I  «inote  the  following: 

Tlicrr  is  cine  (iniissiun  in  tlit'sc  iint'stions  whii'li  I  Lave  mxlonlit  tin- Government  of 
the  I'rcsidi'iit  will  Ix'  very  fflad  tn  rciiair.  and  tliat  Ih  the  refciente  to  tlic  Aihitiatoi- 
ol'tlic  i|U('stion,  what  daniajtes  arc  dne  to  the  jiersons  who  have  been  injured,  in  case* 
it  sliail  lie  determined  by  him  tliat  tlw  action  of  tin-  United  .States  in  .seizing  British 
vessels  lias  been  wilhout  warrant  in  inteiiiational  law. 

I  am  directed  by  the  President  to  i)ropose  the  following  seventh  and 
liiial  clause  in  the  basis  of  arbitration: 

(7)  It  shall  be  competent  to  the  Arbitrators  to  award  siu'h  compensa- 
tion as,  in  their  judgment,  shall  seem  e<iuitable  to  the  subjects  or  citi- 
zens of  (Ireat  liritain  whose  vessels  may  have  been  seized  by  the  Ignited 
States  in  the  IJehring  Sea,  if  such  seizures  shall  be  found  by  the  Arbitra- 
tors tohavebe«'n  tinwarrantetl;  and  it  shall  also  be  competent  to  the 
Arbitrators  to  award  to  the  Tnitetl  States  such  comjjensation  UvS,  in 
their  judgment,  shall  seem  equitable  for  any  injuries  resulting  to  the 


Monrs  vivKNDi  of  isni  and  arhitkation. 


321 


I''iiit«'d  Stiit«'s  or  to  tli«'  lessren  from  tliiit  (loveriiiin'iit  of  the  j»iivil«';'(^ 
of  taking  seals  on  tlic  I'rihilof  Islands  by  reason  of  tlic  killing;  of  seals 
in  the  IJelirinj;'  Sea  by  iM'rsons  acting'  nnder  tin*  protection  of  the  llritisii 
tt;\fi,  ontside  of  the  ordinary  tenitoiial  limits,  and  sinee  the  1st  day  of 
.lanuary,  1S8(»,  if  such  killing'  shall  be  found  to  have  been  an  infraction 
of  tin*  rijihts  of  the  I'nited  States. 

It  bein^  uinleistood  that  an  arran^enu'nt  for  a  .loint  Commission  is 
to  be  nuule  contem|»oraneonsly  witli  the  con»'ln.Nion  of  the  teinis  of 
arbitration,  I  am  directed  by  the  President  to  propost-  tin*  following"' 
separate  affreement : 

Each  (lovernment  shall  appoint  tw(t  (!omniissi(»ners  to  investipfate 
<'(HiJointly  with  the  Comnnssioners  of  tlni  other  (lovernment  all  the 
facts  having  ndation  to  seal  life  in  IJehrinfi'  Sea  and  the  measures  neces- 
sary for  its  projter  protection  and  presj'ivation.  The  tour  ('(unmis- 
siontM's  shall,  so  far  as  they  may  be  able,  to  agree,  nnike  a  Joint  report 
to  each  of  the  two  (lovernujents;  and  they  shall  also  rejMut,  either 
Jointly  or  sevei-ally,  to  each  (Jovernment  on  any  points  upon  which 
they  nniy  be  unable  to  agree.  These  reports  shall  not  be  made  public, 
until  they  shall  be  submitted  to  the  Arbitrators,  or  it  shall  appeal-  that 
the  contingency  of  their  being  used  by  the  Arbitrators  can  not  arise. 
1  have,  etc., 

William  F.  Wharton. 


Mr.  Wharton  to  Sir  Julian  Pavncefotc. 

Department  of  State, 
Wrtshingtoii,  J  line  :Jii.  1R91. 
Sir:  In  accordance  with  the  request  contaiiu'd  in  your  note  of  the 
2l8t  instant,  I  have  the  honor  to  transmit  to  you  herewith  a  letter  ad- 
dressed by  the  Acting  Secretary  of  the  Treasury  to  William   11.  Wil- 
liams,  Esq.,  special  agent  in  charge  of  tlu'  seal  fisheries  in  Alaska, 
instructing  him  to  att'ord  to  Sir  (leorge  Baden  Powell,  M.  P.,  and  P.of. 
(teorge  Mercer  Dawson,  agents  of  Her  Britannic  Majesty  lo  tlu'  i-  ibi- 
lof  Islands,  the  facilities  desired  to  enable  them  to  examine  into  the 
fur-seal  fisheries  in  Behriug  Sea. 
I  have,  etc., 

William  F.  Wharton. 


Mr.  Wharton  to  Sir  Julian  Pauncefote. 

Department  op  State, 
\V''shin(jton,  June  :>ii,  JSni. 

The  Acting  Secretary  of  State  presents  hisc<nnplinu'nts  to  the  British 
Minister,  and  has  the  honor  to  state  that  the  memorandum  that  Sir 
Julian  Pauncefote  left  at  the  Dei)artmen^f  State  on  the  24th  instant, 
relative  to  the  instructions  given  to  Her  Britannic  Majesty's  vessels  iu 
Behring  Sea,  was  immediately  communicated  to  the  Navy  Department 
for  its  information. 

41  -         ' 


X 


322 


DIPLOMATIC    COUUHSI'ON'DKNCi:. 


Sir  '/itlittn  Panncrfotv  to  Mr.  Wharton. 


nurnSII    liKdATTOX, 

WttsliiiHfton,  'fiuif  :J7,  ISf)}. 

Sir:  I  have  tlio  honor  to  Jiclvnowledff*'  the  receipt  of  your  iiot«'  of  tiie 
25th  instant  in  relation  totiie  pronosed  Hchiiii}?  Sea  Arbitration, and  to 
inform  yon  that  I  transmitted  a  copy  of  it  to  tiie  Marciuis  of  Salisbury 
by  the  mail  of  the  20th. 
1  have,  ete., 

Julian  Pauncefote. 
/ 


Mr.  Wharton  to  Sir  Julian  Pauncefote. 

Department  of  State, 

Washiuffton,  'full/  3,  lsf)l. 

Sir:  Her  Majesty's  Government  liavnig  appointed  two  agents  to 
visit  the  IJehring  Sea  under  the  agreement  between  that  (Jovernment 
and  tlie  Ignited  Stat -s  of  date  June  lo,  1S!>1,  and  the  i'resident  being 
about  to  d«'signate  two  jieisons  to  visit  the  IJehring  Sea  for  the  purpose 
of  examining  all  ([uestions  connected  with  seal  life  in  that  sea  and  the 
adjacient  waters,  I  have  the  honor  to  propose  that  arrangements  be 
made  to  have  these  agents  of  the  respeetive  (lovernments  go  together, 
so  that  they  may  make  their  observations  conjointly. 

Awaiting  sucli  communication  as  Her  Majesty's  Government  may 
desire  to  make  upon  the  subject, 
I  have,  etc., 

William  F.  Wharton. 


Sir  Julian  Paunafote  to  Mr.  Wharton. 

British  Legation, 

Washington,  'full/  (I,  1891. 

Sir:  I  have  the  hcmor  to  acknowledge  the  receipt  of  your  note  of  the 
3d,  instant,  in  which  you  propose  that  arrangements  be  ma  le  to  enable 
the  agents  appointed  by  our  lesiteetive  Governments  to  visit  the  Behring 
Sea  for  the  ]»urpose  of  examining  into  seal  life  to  go  together,  so  that 
they  may  make  their  observations  conjointly. 

1  at  once  communicated  tliis  proposal  to  the  Marquis  of  Salisbury  by 
telegram,  and  1  have  received  a  reply  from  his  lordsliip  to  the  ett'ect 
that  a  ship  has  already  been  chartered  to  take  the  British  Commission- 
ers to  the  seal  islands,  and  tliat  the  engagement  could  not  now  be  can- 
celed, but  that  the  British  Couimissi(mers  will  be  instructed,  when  they 
arrive  ill  the  islands,  to  cooperate  as  mucli  as  possible  with  the  Commis- 
sioners to  be  appointed  by  your  Government  for  the  purposes  of  the 
inquiry. 

I  have,  etc., 

Julian  Pafisicefote. 


MODUS    VIVENDI   OF    1891    AND    AKBITKATION. 


323 


Sir  Julian  Vaunvcfote  to  Mr.  ]\'li<n-tint. 

BiMTisii  Lkoation, 

WiishiiijitdH,  Jiiljf  <;,  }S!)L 

8ru:  I  hiivctliu  lioiioi' to  transiiiit  t<>  yon  lu'rcwitiijn  iK-cordaiicc  witli 
iiistnictioiis  wliirli  1  liavt*  irreivrd  from  tlic  .Marquis  of  Salishmy,  (•<»!» 
ics  of  ail  act  of  Pailiainciit  ciialiliiij;'   Her  Majrsty  tlu>  (^Miocii  to  pio 
liihit  by  order  in  coiiiicil  the  eatcliiiig  of  seals  Ity  Jiritisli  sliiits  in  iU-lii  iii<{ 
►Sea. 

I  likewise  inclose  copies  of  an  order  of  Her  Majesty  in  council  issued 
in  virtue  of  tlie  powers  jjiven  by  the  said  act  and  prohibitiii;:  the  catch- 
in;;' of  seals  by   ISritish  shi|is  in  ISelirin^'  Sea,  within  the  limits  dctiiied 
therein,  from  the  L*4tli  »»f  June  last  until  the  1st  (»f  May,  l.S!»2. 
1  have,  etc., 

Julian  Pai nikf t)TK. 


ORDEK   IN   COUNCIL. 

[Inrlosiii'i'  1  in  Sir.Iiiliaii  Paiiiicfl'ofu'H  note.] 

At  tlio  court  at  Winiltsor,  the  2H«1  diiy  ot  .Iniu'.  IHJtl.  Present,  tlie  (^iccii's  Most 
Excellfiit  Miijestv.  Lord  I'n-sidi'iit,  Karl  of  Liiiit-riclv,  .Mar()iiis  of  Saljslmrv,  ami 
Lor.l  Artlinr  Hill! 

Whereas  l>y  tlie  seal  fishery  (Heluliijj  .Si'a)  aet,  1H\)\,  it  is  enacted  tliat  Her  Majesty 
tlie  (/neen  nuiy  by  order  in  eouneil  jiroliiliit  the  catehinfj  of  seals  liy  Itritisli  siiiiis  in 
Itehrin};'  Sea  or  sneh  jiart  thereof  as  is  defined  hy  the  said  order,  diirinj;  llie  period 
liniite(l  by  the  order; 

And  whereas  the  exi»ressi(  i  "  HehrinK's  ,Sea"  in  the  said  aet  ineaim  tin;  seas  known 
aN  Hehriug  >Sea  within  the  limits  deserilied  in  an  order  under  the  said  aet. 

Now  theretore,  Her  Majesty,  in  virtne  of  the  jiowers  \ csted  in  her  by  tin'  said  re- 
eited  aet,  Ity  and  with  tlie  advice  of  her  jirivy  council,  is  hereby  jdeased  to  order, 
and  it  is  hereby  ordered,  as  foil'  \v»: 

(1)  This  order  nuiy  be  cited  as  the  sciil  lishery  (llehring  .Sea)  order  in  council, 
1891. 

(2)  From  and  after  the  24th  day  of  .June,  1891.  until  the  1st  day  of  .May,  1891.'.  the 
cateliing  of  seals  by  IJritisli  fihiiis  in  UehriuK  Sea  as  hereinalter  delined  is  heieby 
])roliibited. 

(3)  For  the  purposes  of  the  said  recited  act  and  of  this  order  the  expression  ''Hehr- 
iny's  Sea"  means  so  nnich  of  that  part  of  the  Pacific  Ocean  known  as  Mchrinji  Se;i  as 
lies  between  the  ]).arallel  of  Gii"^  30'  north  latitmle  and  the  chain  of  the  .Mentian 
Islands,  and  eastward  of  the  followinji  lim^of  demarcation,  tiiat  is  to  say.  a  lineconi- 
mencin<;  at  a  point  in  Behrinjj  Straits  on  the  said  jtarallel  of  (i'l  ;{()  north  latitude, 
at  its  intersection  by  tlu^  meridian  which  jtasses  midway  be-tween  the  islands  of 
Krnsenstern  or  I};nalo(>k  and  the  island  of  Katmanotf  or  Noonarlxxdv ;  and  pmceed- 
inn  thenci'  in  a  course  nearly  southwest  thronjfh  Hehrinji  Straits  and  the  seas  know  n 
as  Hehrint;  Sj-a,  so  as  to  i)ass  midway  between  the  northwest  jioint  of  the  island  of 
St.  Lawrence  and  the  southeast  point  of  (Jape  Chonkotski  to  the  nu'ridian  of  ITS'" 
west  lonjLjitnde;  thence  from  the  intersection  of  that  mei'idian  in  a  sontliwesterly 
direction,  so  as  to  pass  midway  between  the  island  of  .\ttou  and  the  ('o|)per  Island 
of  the  Kormanderski  couplet  or  group  iu  the  North  Pacific  Ocean,  to  the  meridian  of 
193"-  west  longitude. 

C.  L.  Pi:kl. 


SEAL  FISHERY  (BEHIUNG'S  SEA)  ACT,  1891. 
[Enclosure  2  in  Sir  Julian  rainicutote'H  note] 

54  Vict.]  Chaptkr  19. 

AN  ACT  toennblp  Her  Ma,ii'Htv,  by  order  in  council,  to  make  Niiocinl  provision  tor  proliiliitiu;;  tI\o 
catcliinjr  of  seals  in  Hehring's  Sea  by  HerMtyesty'ssubjeetsdiirinK  tlie  period  named  in  IlieoKJer. 
(lull  June,  IK91.) 

Be  it  enacted  by  the  Queen's  Most  Excellent  Majesty,  by  and  with  the  advice  and 
consent  of  the  Lords  Spiritual  and  Temporal  and  Commons,  in  this  jtresent  Parlia- 
ment assembled,  and  by  the  authority  of  the  .same,  as  follows: 

I.  (1)  Her  Majesty  the  Queen  may,  by  onler  iu  council,  prohibit  the  catchiny  of 


^4/> 


324 


DIPLOMATIC    CORRESPONDENCE. 


Ill 


st'uls  by  Britinli  sliijts  in  Hehiiiij;V  .Seii,  or  tiiicii  icirt  tUonjof  us  io  delined  by  the  said 
(irdiT,  (luriii*;  ilif  jfcritxl  liinittMl  l>v  the  order. 

(2)  Wliili'  ill)  order  in  rdiiiu-il  under  this  act  is  in  force — 

(«)  A  ])er,son  bcl(»iif;inj;  to  a  Mritisli  sliip  shall  not  kill,  or  take,  or  hunt,  or  attempt 
to  kill  or  take,  any  seal  within  ]Jehrinj!;'s  Sea  durinjj;  the  period  linuted  hy  the  order; 
and 

(/*)  A  liritish  whi])  .shall  not,  nor  shall  any  of  the  <M|nipinent  or  crew  thereof,  be 
nseil  or  eniploy<Ml  in  such  killing',  taking,  hnnting,  or  attempt. 

(H)  If  there  is  any  contravention  of  tliis  act,  any  person  conunittiug,  procuring, 
aitling,  or  atietting  such  contravention  shall  he  gnilty  of  a  niisdeniennor  within  the 
meaning  of  the  merchant  Hlii|)])ing  act,  1K">4,  and  the  shi;>  and  her  ei|ui]>nuMit  ond 
everything  on  hoard  thereof  shall  be  forfeited  to  Her  Majesty  as  if  an  otfense  had 
lieen  conmiitted  under  section  108  of  the  said  act,  and  the  nrovisicnis  of  sections  103 
and  KM  and  jiart  10  of  the  said  act  (which  are  set  out  in  the  schedule  to  this  act) 
shall  apply  as  if  they  were  hei-ein  rei-nacted  and  in  terms  nnide  ap]dieuble  to  an 
otfense  and  forfeiture  under  this  act. 

(1 )  Any  comniissioiK'd  <itlicer  on  full  itay  in  the  naval  service  of  Her  Majesty  shall 
have  |io\vi'r.  during  the  period  limited  l>y  the  order,  to  stop  and  examine  any  UritiGh 
ship  in  Hehring's  .Sea,  and  to  detain  her,  or  any  portion  of  her  equipment,  or  any  of 
her  crew,  if  in  his, judgment  the  shi])  is  heing  or  is  prejiaringto  be  used  or  employed 
in  contravcution  of  this  section. 

(."))  If  a  Hritish  ship  is  found  within  Hehring's  Sea  having  on  board  thereof  fishing 
or  shooting  im|>lemeiits  or  seal  skins  or  liodlc^s  of  seals,  it  shall  lie  on  the  owner  or 
master  of  such  ship  to  ]>rove  that  the  ship  w^s  not  used  or  employed  in  contraven- 
tion of  this  act. 

'2.  (1)  Her  Majesty  the  Queen  in  conucil  may  make,  revoke,  and  alter  orders  for 
the  purposes  of  this  act,  and  every  such  ordei'  shall  be  forthwith  laid  before  botli 
hous«'s  of  Parliament  and  published  in  the  London  Gazette. 

(2)  Any  such  order  nu;y  contain  any  liiuitations,  conditions,  (|ualificatiou8,  and 
excej)tions  which  ajipcar  to  I!er  Majesty  in  ccuincil  exjte'lient  for  carrying  iutoetfect 
the  object  (d' this  act. 

3.  (1)  This  act  shall  a])ply  to  the  animal  knoAvn  as  the  fur  seal,  and  to  any  marine 
animal  sjiecilii-d  in  that  behalf  by  an  order  in  council  under  this  act,  and  theexprcH- 
sion  ''seal''  in  this  act  shaP  '<"  <'on8trued  acconlingly. 

(2)  The  expri'ssioii  ''  Hehring's  Sea''  in  this  act  nn-ans  the  seasknown  asBehring's 
Sea  within  the  linnts  described  in  an  order  under  this  act. 

(3)  The  ex])re8si(ui  ''e(|uiiMne!it"  in  this  act  includes  any  boat,  tackle,  fishing  or 
shooting  instruments,  and  other  things  belonging  to  the  ship. 

(4)  This  act  may  be  cited  as  the  seal  lishery  (Hehring's  Sea)  act,  1891. 

Schedule, 
enactments  of  merchant  shipping  act  (17  and  18  vict.,  c.  104)  applied. 

Skctkin  108.  *  »  *  And  in  order  that  the  above  provisions  as  to  forfeitures 
nmy  be  carried  into  eHect,  it  shall  ht\  lawful  for  any  conunissioned  otticeron  full  ])ay 
in  the  military  or  naval  service  of  Her  Majesty,  or  any  Hritish  orticer  of  cuetoms,  or 
any  Hritish  consular  orticer.  to  seize  and  detain  any  ship  which  has,  eitln-r  wholly 
or  as  to  any  share  therein,  lieconu'  subject  to  forfeiture  as  aforesaid,  and  to  bring 
her  for  adjudication  belbre  the  high  c(nirt  of  admiralty  in  Kugland  or  Ireland,  or 
any  court  ha\ing  admiralty  jurisdiction  in  Her  Majesty's  donduions;  andsuch court 
nuiy  thci'eupon  make  such  order  in  the  case  as  it  may  think  fit.  and  may  award  to 
the  officer  bringing  in  the  sanu'  for  adjiulication  such  portion  of  the  ])roceed8  of  the 
sale  of  anv  forfeited  shi)i  or  share  as  it  nuiy  think  right. 

Si'.c.  104.  No  such  officer  as  aforesaid  shall  be  res]ionsib1e,  either  civilly  or  crinn- 
nally,  to  any  i)ersou  whomsoever,  in  rcs))ect  of  the  seizure  or  detention  of  any  shiji 
thiit  has  been  seized  or  detained  by  him  in  ])ursuanee  of  the  pro'-'sicuis  herein  con- 
tained, notwithstanding  thiit  such  sl>>>  is  not  brought  in  for  adjudication,  or.  if  so 
brought  in,  is  dechn^'d  not  to  he  liable  i,o  for)  jiture,  if  it  is  shown  to  the  satisfaction 
of  the  judge  or  court  betbre  whom  any  trial  relating  to  such  ship  or  such  seizure  or 
detention  is  held  that  there  were  reasonable  grounds  for  such  seizure  or  detention; 
but  if  no  such  grounds  are  shown,  such  judge  or  court  nuiy  award  pjiyment  of  cost* 
anddanniges  to  any  party  aggrieved,  ami  make  such  tdher  order  ii;  the  premises  as 
it  thinks  just. 

For  the  iTinaining  ]>art  of  this  in('h)suro,  entitled  "Lejrsil  Proeedure," 
see  Senate  Ex.  Doc.  !No.  55,  Filty-seeond  Coiigress,  lirst  session,  ])i>. 
55-58. 


ill 


MODUS    VIVENDI    OF    1891    AND    ARBITRATION. 


325 


Sir  Julian  Paunce/ote  to  Mr.  Wharton. 

British  Legation, 

WuHhinijton.  July  7.  1Sf)1. 

Sir:  With  reference  to  the  niemorapduiu  whi(;h  1  left  in  y»»iir  li;in<ls 
on  tlie  23(1  ultimo,  res])ecting  the  British  instructions  to  nuvjil  orticcrs 
in  the  Beliring  Sea,  I  liave  tlie  honor  t-otransimit  herewiHi,  by  direction 
of  the  Marquis  of  Salisbiuy,  a  tull  note  of  the  instructions  sent  to  tlui 
stMiior  Hritisii  naval  otKcer  on  the  Xorth  r.iciflc  station  with  r«'}>ar(l  to 
the  steps  to  be  taken  to  prohibit  the  Icilliu:^;  <»t  senls  in  certain  specified 
i)ortions  of  the  Behring  Sea.' 
1  have,  etc., 

Julian  I'AtNOEFOTE. 


Mr.  Adee  to  A'jr  Julian  Paunce/ote. 

Department  or  State, 

Wa8hinfft«»i,  Jidy  .s,  idf)l. 

Sir:  I  have  the  honor  to  ajiknowledjje,  with  thanks,  the  receii>t  of 
tl-e  (H>i)ies  of  an  act  of  Parliament  relatiny  to  the  catching-  of  seals  by 
British  ships  in  Behring'  Sea,  and  also  of  the  coi)ie8  of  an  order  of  Her 
Britannic  Majesty  in  council  on  the  same  subject,  that  accompanied 
your  note  of  the  0th  instaut. 
I  have,  etc., 

Alvey  a.  Adee, 

Actintj  iSecretary. 


Mr.  Wharton  to  Sir  Julian  Paunce/ote. 

Department  of  State, 

Washington,  July  9,  1801. 
Sir:  I  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  the 
Tthinstant,  with  accompanying C(«py  of  the  instructions  to  Her  Britannic 
Majesty's  otticers  in  Behring  Sea,  and  to  inform  yon  that  1  have  com- 
municated a  copy  thereof  to  the  Ameri(ran  Navy  Department. 
I  have,  et<j., 

William  F.  Wharton, 

Acting  Secretary. 


Sir  Julian  Paunce/ote  to  Mr.  Wharton. 

British  Legation, 

Washington,  July  /.?,  1891. 

Sir:  Since  the  receipt  of  yiuir  note  of  the  25th  ultimo,  of  whicii  I 
transmitted  a  copy  t<)  the  JJanjuis  <»f  Salisbury,  I  have  been  in  tele- 
graphic connnuni(!ation  with  his  lordship  respecting  the  two  clauses 
(0  and  7)  which,  by  direction  of  the  President,  you  have  i)roposed  for 
adoption  in  the  Behring  Sea  arbitration  convention,  and  also  respecting 

'  For  iiicluMiire  h*^  Heiiate  Ex.  Doc.  No.  55,  p.  59. 


32G 


DIPLOMATIC    CORKESPOXDENCE. 


tlie  form  of  aj^reciiuMit  foi'  ciui yiiij>'  out  the  arruugemwit  for  the  appoint- 
iiiciit  of  a  joint  <"omiiiissioii  to  iiiqiiiio  into  the  conditions  of  seal  life  in 
Behiinji'  Sea. 

1  (lesii<'  at  present  to  conline  myself  to  the  clause  projiosed  in  your 
note  which  (h'als  with  the  <|uestion  of  compensation,' namely,  clause  7. 

It  is  the  only  one  wiiich  appvars  to  nn'  to  raise  any  serious  difliculty, 
and  I  trust  tiiat.  after  cii!isi(le;  in.u  the  foIlowin.ii  observations,  and  with 
a  view  to  expeditinji'  the  conclusion  of  this  ncf^'otiation,  the  President 
will  not  object  to  the  substitution  of  a  clause  in  iiie  form  which  I  shall 
presently  li<i\e  the  honor  to  submit. 

Her  ^iajesty's  (iovernment  have  no  desire  to  exclude  from  the  con- 
sideration of  the  arbitrators  any  claim  of  comiiensatian  in  relation  to 
the  Ik'hri'iji  Sea  lisherics  which  the  United  States  (lovernment  may  be- 
lieve the  nselves  entitled  to  prefer  consistently  with  the  recognized 
principles  of  international  law.  But  they  are  of  opini<m  that  it  is  inex- 
pedient, in  a  case  involving  such  important  issues  and  presenting  such 
novel  featuies,  t(»  prejudge,  as  it  were,  the  question  of  liability  by  de- 
claring that  compensation  shall  be  awarded  on  a  hypothetical  state  of 
facts.  Her  Majesty's  (ioveinnient  consider  that  any  legal  liability 
arising  out  of  tin-  fac  ts,  as  proved  and  established  at  the  arbitration, 
should  be  as  nnich  a  <pu'stit;n  for  argument  and  decision  as  the  facts 
themselves;  and,  in  order  that  this  sh(mldbemade  (|uite  clear  ami  that 
both  (lOvernnuMits  should  be  ])laced,  in  that  respect,  on  the  same  foot- 
ing, I  am  authorized  by  Lord  Salisbury  to  submit  the  following  clause 
in  substitution  for  the  seventh  clause  proposed  by  the  President: 

(7)  ICiiluT  (iovcnnni'iit  mnv  submit  to  the  iirliitratoi'.s  aii.v  clinni  for  coiiipeiisiition 
Avliicli  it  may  dcsii'i-  to  iiiffcr  a^jaiiist  tiic  otlwr  (iiivcriniu'nt  in  rcsjicct  of  aiiv  losses 
<»v  injuru's  ill  rcliiticn  to  tlif  fiir-scal  lisluTyiii  lieliriiifj  Sea  for  which  such  otlicrGov- 
onimont  may  he  legally  lialilc.  'riicailiitrators  shall  (h'(;i<.lc  on  the  lcf;ality  of  every 
such  claim,  and,  if  il  sli.ill  he  estahlished,  they  may  award  such  coinpeusiitioii  as,  iu 
their  jiidjrmciit,  shall  seem  eiiuilable. 


1  have,  etc., 


Julian  Pauncefotb. 


I 


/ 


Mi\  WlKOtoti  to  )Sir  Julian  Vnunccfote. 


Department  of  State, 

Waslniujton,  Jttli/  ,v,;,  1891. 
Sir:  The  Presid«'nt  directs  me  to  say,  in  rcspiuise  to  your  note  of  the 
l.'Jth  instant,  that  he  notices  witli  i)leasure  the  gocxl  progress  toward  a, 
full  agreement  upon  the  terms  of  arbitration  imliciited  by  your  statc- 
m«'nt  that  only  tlie  seventh  claus«'  as  proposed  by  this  Ciovernnient  ap- 
jiears  to  you  *•  to  laise  any  serious  ditliculty.''' 

That  clause  was  thus  stated  in  my  note  of  June  25: 

It  shall  lie  eomiieteiit  to  the  arbitrators  to  award  such  conijierisaf  ion  as,  in  tht.'ir 
Jmliiinent.  sh.ill  seem  eiinit;ilde  to  tlie  subjects  or  citizens  of  (Ireal  iiritain  \vho,se 
vessels  niiiy  have  been  sci/ed  by  th(!  Iniled  Stales  in  the  IJehriiij;  .*>ea,  if  such  sci/urcs 
shall  be  toiind  by  the  ai'bilraloi  to  liiive  been  unwarranted;  and  it  shall  also  be 
eom)ii'lent  to  the  arbitrators  to  award  to  the  I'nited  Stat(vs  such  eoni|iensatioii  as,  in 
their  judnnienl,  shall  seem  ei|uilalde  Ibi  any  ininries  ri'sultiii<;  to  the  I'nited  .States 
or  to  the  losees  from  ihat  (ioveniinent  of  the  |trivilej{i'  of  takiuj;  seals  on  the  I'riiii- 
lof  Islands,  by  reason  of  the  killin^i  of  seals  in  the  l!(diiin!;  Sea  by  persons  actins; 
under  the  |iroteei  ion  of  the  Hrilish  lla;:,  outside  of  the  ordinary  territorial  limits, 
iind  since  the  1st  da\  o|'  ,Ianu;ir\ ,  IKSt).  if  such  killiii};  shall  be  found  to  have  becu 
an  iutVueliiui  of  the  ii<j;hls  uf  the  Lulled  Slutes, 


t 


J 


MODI'S    VIVENDI    OF    1891    AND    AKIUTRATION. 


327 


^ 


# 


Tlic  objection  j'ou  iiiiulc  to  tliis  clause  is  thus  stated  l>y  yon: 

llt-r  Majesty's  (iovcriiiriL'iit  have  no  desire  to  exclude  tVoni  tin;  cimsideriitionof  tlie 
iiiliilnitoi's  aii\  elaiin  of  eoiii|ieiisatioii  in  relation  to  tiio  ISelninjj  S'li  lislieries  wliieli 
the  I'nited  States  (ioxernnient  may  lielievo  tiieinselve.sentitled  to  prefer  consistently 
with  the  recojfiiized  ))rinciples  of  international  law.  l>nf  they  are  of  ojiinion  that  it 
is  ine.\|ie<lient,  in  a  case  involvinj;  su<-li  imiiortaut  issues  and  presentinii  snch  novel 
features,  to  prejnilge,  as  it  were,  the  <|nesti<Hi  of  liahility  liy  declarin;;  that  compen- 
sation sh;ill  he  awarded  on  a  hypothetical  stateol"  fai'ts.  llcr  .Majesty's  UoNcrnmeiit 
consider  that  any  lc;;al  liahility  arising;  ont  of  the  facts  as  jtruM-d  and  estahlished  at 
the  arhitiation  Khonld  he  as  much  a  question  for  ar<;tnnent  and  decision  us  the  facts 
themselves,  and,  in  order  that  this  should  he  made  (|nite  clciir,  and  that  both  Gov- 
ernments shoulil  he  jdaced,  in  that  re.sjieet,  on  the  same  footinj;.  etc. 

The  President  was  not  luepared  to  anticipate  tliis  objection,  in  view 
of  the  fact  that  J^ord  Salisbury,  in  his  note  of  February  21  hist,  had 
a.ske<l  a  specific  submission  to  the  arltitrators  of  tlie  Uiitish  (^laiin  for 
seizures  nnide  in  tlie  Ijehriiig  Sea,  His  langtuiye,  whu'h  wasc^uotediu 
my  note  of -June  25,  was  as  follows: 

Tiiere  is  one  omission  in  tliese  (|Uestions  which  I  have  no  donht  the  riovernmentof 
the  President  will  lie  very  ^jlad  to  rejiiiir.  and  that  i  •  the  reference  to  the  arhif  ratorof 
the  (|iicstion.  what  daniajfes  are  due  lo  the  )icrsons  who  have  liccii  injured,  in  cas<!it 
shall  lie  determined  liy  him  that-the  action  oT  the  I'nitcd  Slates  in  scizinj^  liritish 
vessels  has  heen  without  warrant  ill  iiiternatioual  law. 

This  could  only  be  understood  as  a  suj;s('stion  that  the  claims  of  the 
respective  Governments  should  be  stated  and  jiiven  a  specific  reference. 
And  so,  in  the  seventh  clause  proposed,  the  claim  of  Great  JJritain  for 
seizures  made  is  defined  and  referred  to  in  teiiiis  so  <*orres])ondent  to 
the  re(|U(?st  of  Lord  Salisbury  that  it  can  not  be  siijiposcd  «ibjectiou 
Mould  have  been  made  to  it  if  it  had  stood  alone,  lUit  a  particular 
statement  of  the  Jhitish  claim  for  vcompensation  certainly  made  proper 
and  even  necessary  a  like  statement  of  the  i  laims  of  the  United  States, 
and  the  President  is  not  able  to  see  that  the  reference  proposed  was  in 
any  respect  unequal.  If  it  should  be  found  by  the  arbitrators  that  the 
United#States  had,  without  right,  seized  British  vessels  in  the  Mehring 
Sea,  the  arbitrators  were  authorized  to  give  compensation;  and  if,  on 
the  other  haiul,  these  and  other  liritish  vessels  were  lound  to  have 
visited  that  sea  and  to  have  killed  seals  therein  in  violation  of  the  rights 
of  the  United  States  and  to  the  injury  of  its  jiroperty  interests,  the 
arbitrators  were  authorized  to  give  <'ompeiisati<iii.  One  is  not  more 
subJiMrt  to  the  objection  th  t  jt  presents  a  hypothetical  state  of  facts 
than  the  other,  and  both  .^  iiiit  the  (picstion  of  the  lawl'iilness  or  un- 
lawfulness of  the  acts  complained  of. 

The  President  believes  that  Ifer  Majr  t,\"s  (loverninent  may  justly  be 
held  resiionsibk-,  under  the  attendant  <  iiciimstance.s  for  injuries  done 
to  the  Jurisdictional  <u'  piojierty  rights  of  tic  United  tates  by  the  seal- 
ing vessels  Hying  the  British  flag,  at  least  since  the  date  when  the  right 
of  these  vessels  to  invslde  the  Behring  Sea  and  to  jmrsin  therein  the 
business  of  jielagic  .sealing  was  niade  the  snbje<  t  of  (li|)li»iiiatic  inter- 
vention by  Lord  Salisbury,  In  his  opinion  Justif  requires  that  Her 
iMiijesty's  Government  should  respond  for  the  niiniies  done  bytho.se 
vessels,  if  their  acts  are  found  to  have  been  wrongful,  as  fully  as  if  each 
had  borne  a  commission  from  that  Government  t(»  dc  th<'  acts  com- 
plained of.  The  presence  of  the  master  or  even  of  a  tliii  «i  person,  under 
circunistances  calculated  and  intended  to  give  encoiiiagenieiit,  creates 
a  liability  tor  trespass  at  the  common  law,  and  much  more  if  his  pres- 
ence is  accompanied  with  declarations  of  right,  proti'sts  against  tlH^ 
<lefense  which  the  owner  is  endeavoring  to  make,  and  a  declared  pur- 
pose to  aid  the  tiespassers  if  they  are  resisted.    The  Justice  of  this  rule 


Ki 


328 


DIPLOMATIC"    CORRESPONDENCE. 


is  so  apparent  that  it  is  not  seen  how  in  the  less  technical  tribunal  of 
an  inicrnntional  arbitration  it  could  be  held  to  be  inapplicable. 

The  Tnited  States  might  well  insist  that  Her  Majesty's  Government 
should  admit  responsibility  for  tlie  acts  of  the  Canadian  sealers,  wlii<'h 
it  has  so  directly  encouraged  and  i)rouioted,  precisely  as  in  the  proposal 
the  United  States  admits  responsibility  for  the  acts  of  its  revenue  ves- 
sels, lint,  with  a  view  to  remove  what  seems  to  be  the  last  point  of 
ditteienc6  in  a  discussion  which  has  been  very  much  protracted,  the 
President  is  willing  to  modify  his  proposal  and  directs  me  to  oflTer  the 
following: 

Tli«*  (lovernniciit  ol(}reat  Britain  bavins  presented  tlie  claims  of  its  sulijects  for 
conipt'iisatioii  for  tlie  seizure  of  their  veHsclN  hy  ilw  United  States  in  Helirin^  Sna  and 
ihe  (Jdvcrnnuiut  of  tin-  I'nited  States  having  presented  on  its  own  behalf,  as  well  as 
of  the  lessees  of  the  privilei;e  of  takin;;  seals  on  the  Pribilof  Islands,  elainis  for  eom-  ■ 
pensation  by  reason  of  the  killing  of  teals  in  the  Hehring  Sea  by  persons  acting  nnder 
the  proteetion  of  th<-  lirifish  tla<;,  the  arbitrators  shall  consider  and  deeitle  n()on  sneh 
claims  in  act'ordance  with  Jnstice  and  e<|uity  and  tin*  respective  rights  of  the  high 
contracting  jtarties,  and  it  shall  be  coni])etent  for  the  Arbitrators  to  award  such  eoni- 
pensation  as,  in  their  Jiulgnient,  sliall  seem  eqnitable. 

The  President  thinks  that  a  particular  statenient  of  the  claims  of 
the  respective  Governments  is  mcn-e  likely  to  lead  to  a  satisfacvory 
result  than  the  general  reference  proposed  by  you.  It  is  believed  that 
the  form  of  refeience  now  i)ro])osed  by  him  removes  the  objecti«)ns 
urged  by  yoti  to  his  tbrmer  prox)osal. 
1  have,  etc., 

William  F.  Wharton, 

Acting  Secretary. 


'ii 


Sir  Julian  Pauncefoie  to  Mr;  Wharton. 

British  Legation, 
Newport,  R.  /.,  August  n,  lt<91. 

Sir:  On  the  L'3d  <»f  June  last  I  had  the  honor  to  place  in  ycmr  hands 
a  mcmoraiKluni  embodying  tlie  substance  of  the  instructions  issued  to 
Uritisli  <'i'tiisers  in  li«'hringSea  in  pursuance  of  the  modus  r/rfwr// signed 
on  the  \~it\\  of  that  month.  The  memorandum  also  contain(>d  a  proposal 
for  an  agreement  between  the  (Jovernment  of  Great  Britain  and  of  the 
United  States  for  mutual  indemnities  in  respect  of  acts  committed  by 
the  cruisers  of  one  nation  against  the  vessels  of  the  other  in  execution 
of  tli<!  modus  rircndi. 

To  tiiat  propcHrtl  1  have  not  as  yet  been  favored  with  a  reply,  and  1 
slnudd  be  extremely  obliged  if  ycui  w<mhl  be  good  enough  to  inform  nu'. 
at  yimr  earliest  <'onvenience  of  the  views  of  your  Government  with 
respect  to  the  suggested  agreement. 
1  have,  etc., 

JULIAII  PAUNCEFOTE. 


I  ! 


Mr.  Wharton  to  Sir  Julian  Pauncefote. 


Department  of  State, 

Washington,  August  17,  1891. 
Sir  :  I  have  the  honor  to  a<'knowledge  the  receij)t  of  your  note  of  the 
8th  instant,  in  wliich  you  refer  to  a  niemorandun)  of  June  23,  letl  with 
me  Juiie  24,  in  \\iiich  you  submitted  a  propostU  for  an  agreement  bty 


MODI'S    VrVENDT    OP    1801    AND    ARHiTRATION. 


329 


twcoi.  tlu'  (,<nonm.eiifs  of  Gmit  IJiitiUii  aii<l  tlie  TTiiited  Stafos  (or 
imitiial  iiHlcninities  in  lespccf  of  acts  coimnittcd  l.v  the  ciniscrs  of  one 
nation  apiiiKst  t\w  vessels  of  tl.e  other  in  exnution  of  the  ino^his  n,rn<U 
i  he  1  resident^  <lesims  n.e  to  say  in  rei)Iy  tliat  it  seems  to  him  to  1..^ 
qmte  unn.itnral  that  the  two  Governments,  havinj-'  come  to  a  frii-ndlv 
uii(lerstan<  in-  as  to  a  mo,h,s   rirnnli  and  the  method  of  its  enforce- 
ment, shonhl  anticipate  or  attempt  to  provide  a-ainst  possihh'  l.rea,.hes 
<»r  vio  ations  ot  dnty  hy  tiie  vessels  of  «Mther  countrv.     It  will  be  time 
enough,  111  the   President's  opinion,  when  eith.T  (Jovernment  lod-cs 
ayanist  the  other  a  complaint  in  this  rcfjfanl,  to  consider  tiie  .inestTon 
or  ...lemnity.     Tiie  l>ivsident  .l.-sires  me^o  state  that  he  hopes' t ha 
such  M'lestion  inay  arise,  bnt  that  he  will  he  prepared  to  meet  it  in  a 
iriendly  si.irit,  if,  unfortnimtely,  ditferenees  shonhl  dev.'lop 
I  have,  etc.,  ^ " 

William  F.  Wharton, 

Actbuj  tSi'cretary. 


Mr.  Wharton  to  iSir  Julian  raunvefote. 

Depak'tmiont  of  8tatk, 

Washhuitoii,  Atuiust  S;,\  1R!)1. 

Sir:  Referrinff  to  my  note  to  yon  of  the  L'.Jd  ultimo,*  relative  U^  the 

propose*!  aj.Teement  of  arbitration  of  certain  matters  atiectin-  the  seal 

fisheries  in  iiehrinj.- Sea,  I  wonid  be  extremely  obi ij.c< I  ifyon  W(,uhl  be 

kind  enoiijih  to  inform  me  when  an  answer  to  th.-  same  may  be  expected. 

J.  iiave.  etc.. 

William  F.  Wharton, 

Actiny  iSceretary. 


Sir  Julian  Pannnfote  to  Mr.  Wharton. 

13RITISII  Lhoation, 

^'rirport,  AiK/iist  2f,  ISni. 
.,.m'-"'  J  ''"V^  the  honor  to  acknowle(l«e  the  receipt  of  your  note  of  the 
— d  instant,  m  which  you  ask  me  t(>  inform  you  when  you  mav  exi.cct 
an  answer  t,o  your  note  of  the  2;!,t  ultimo,  relative  to  the  i.r.MH  sed 
agreement  of  arbitration  of  certain  matters  allectino-  the  seal  tislu'ries 
lu  Heiiriiifi'  Sea. 

I  very  inuch  rejiret  that  I  have  not  yet  been  in  a  ixisition  to  renly  to 
the  fiote  in  (piestion,  but  1  hope  to  be  able  to  do  so  in  the  course  of' the 
next  tew  (lays. 

I  have,  etc., 

Julian  Paunoefote. 


Sir  Julian  raunccfote  to  Mr.  Wharton. 

[Telcgrnin.l 

'  N•E^ypoRT.  11.  T.,  A  U(/ust  26,  iSf)l. 

Your  note  of  22d.     Important  letter  posted  to  day. 

Tauncefote. 
i2 


330 


DIPr.OAfATir    rORRESPONDF.XCE. 


Sir  Jitli<(u  Patiiicrfote  to  Mr.   Wharton, 


illlli 


II 


III  t 

liii 


Illlli 


^!i 


[Private  anil  iinolliciiil.) 

HKITlf<n   liKfiATTON, 
Xruporf,  /»'.  /..  .1  Ill/list  :J(i,  18!)1. 

Dkar  Mm.  Wiiatm'ON:  Tu  my  n'ply  to  your  ollicial  note  of  the  2LM 
instant  I  stilted  tliat  I  lioped  to  be  able  to  send  an  answer  to  your  note 
of  the  U.")(l  ultimo  in  a  few  days. 

l>ef(i>re  doinj;'  so,  however,  I  ai.i  anxious  to  exphiin  to  you  privately 
and  unollieially  by  letter,  as  I  woidd  do  verbally  were  I  in  V.'ashiuf'ton, 
tlu' objection  which  my  (loveriunent  entertain  to  the  latest  form  of  clause 
relatinj;'  to  compensation  which  has  been  pr<»posed  by  the  I 'resident  for 
adoption  as  article  7  in  the  liehrinji'  Sea  arbitration  afireenient.  Such  a 
l)rivate  anil  unollicial  exchan^t'  of  views  at  this  point  of  the  nej^otiations 
may  abridge  the  otiicial  correspondence  an<l  facilitate  a  solution  of  the 
ju-esent  difticulty,  on  the  basis  of  a  suj^gestion  which  you  made  when 
we  discussed  the  (|uestioiis  informally  at  Washington. 

j\Iy  Government  are  unable  to  accept  the  form  of  clause  l^roposed  by 
the  President  because  it  appears  to  them,  taken  in  «'onnecilon  with 
your  note  of  the  2;{d  ultimo,  to  imply  an  admission  on  their  purt  of  a 
doctrine  respecting  the  liability  of  iGovernmeuts  for  the  acts  of  their 
nationals  or  others  pj'rsons  sailing  under  their  flag  on  the  high  seas 
which  is  not  warranted  by  international  law  and  to  whieli  they  can  not 
subscribe. 

I  need  hardly  say  that  the  discnssiim  of  such  a  jxnnt  (which,  after 
all,  may  never  arise)  nnist  ])rolong  the  negotiation  indertnitely.  More- 
over, it  seems  premature  to  enter  into  such  adiscussi«mbef»>re  theother 
questi«nis  to  be  submitted  to  the  Arbitrators  have  been  determined  and 
all  tlu'  facts  on  which  any  liability  <ran  arise  have  been  ascertained. 

Y<mr  suggestion,  to  which  I  have  referred,  was  to  leave  out  altogether 
the  question  of  damag«'s  from  the  arbitration  agreement,  and  you  may 
remendier  that  at  the  time  I  did  not  encourage  theidea,notapi)rehending 
that  the  clause  would  give  rise  t<)  such  protracted  discussion,  and  being, 
moreover,  anxious  that  the  settlement  to  be  arrived  at  should  embrace 
and  tinally  dispose  of  every  point  in  controversy. 

There  is  a  middle  course,  however,  which  ajtpears  to  me  to  commend 
itself,  from  every  point  of  vi«'w,  as  a  practical  and  logical  solution  of 
the  present  dilliculty.  It  is  to  oujit  tlie  seventh  clause,  as  to  coniDen- 
sation,  and  to  insert  in  its'  plsfce  a  clause  referring  to  the  Arbitrators 
any  question  of  fact  which  either  Government  may  put  to  them  with 
reference  to  the  claims  for  compensati«)n  it  believes  itself  to  possess. 
The  application  of  the  facts  to  international  law  might  be  a  matter  for 
negotiation  aft«'r  they  are  determined,  and,  if  the  two  Governments 
agree,  might  be  retened,  in  whole  or  in  i)art,  to  the  arbitrators.  The 
clause  migiit  be  worded  as  follows: 

Ci.ArsK  7.  Kitlier  of  tlic  two  (loveriiiin'nts  moy  Hiibniit  to  tlie  Arliitrators  any  ques- 
tion of  t'iirf  which  it  may  wish  to  ])nt  befort'  them  in  reference  to  the  claims  for  coni- 
pensation  whii'li  it  believes  itself  or  its  nationals  to  jjossess  against  the  other. 

The  <|uestion  whether  or  not,  and  to  what  extent,  those  facts,  as  determined  by 
the  Arbitriitors  and  taken  in  connection  with  their  decision  npon  the  other  nuestions 
snbinittcd  to  them,  n^ndcr  such  claims  valid  aecordinjj  to  the  prineiples  of  interna- 
tional liiw  shall  be  a  matter  of  siibseiinent  negotiations,  anil  may,  if  the  two  powers 
agree,  be  referred,  in  whole  or  in  part,  to  the  Arbitrators. 

I  do  not,  of  course,  i)ropose  the  above  wording  as  deti  lite.  It  should 
be  op«'n  to  amendnn'iit  on  either  side.  But  if,  aft<'r  sub  nittingitto  the 
President,  you  should  be  able  to  inform  me  imvately  that  such  a  clause, 


MODI'S    VIVENDI    OF    1891    AND    AUHITRATION. 


331 


iiiuUm'  the  cinMiiiistanccs,  would  be  iicceptiible  to  your  (loveiuimMit,  I 
W(»ul(l  tiirn  Jiddn'ss  you  oni<'ially  in  r('i>ly  to  your  uoto  of  tlui  L'.'id  ultimo 
siud  formally  nuike  the  above  pioposal,  stutiiij-'  th(>  {;rouM<ls  on  which  it 
is  based.  Hoping  that  this  mode  of  settlement  of  the  last  jioint  in  <lis- 
pute  will  meet  with  your  approval,  and  that  this  etVoit  on  my  part  to 
i)rin};the  negotiation  at  ouee  to  a  satisfaetory  terminati()n  nniy  be  sue- 

<'«'SSful, 

1  remain,  etc., 

Julian  Pauncefote. 


Sir  JulUm  PaniuTj'ote  to  Mr.  Illaine, 

BllITISH    liEiiATION, 

Xnrj)i>r(,  Aiajiist  L'(i^  1891. 

Sir:  In  aeeordauee  with  instructions  which  I  have  received  from 
ller  Majesty's  principal  secretary  of  state  for  foreign  affairs.  I  have  the 
honor  to  inform  y<Mi  that  the  British  r.ehring  Sea  Commissioneis  have 
reported,  in  a  <;ommunieation  dated  Seal  Island,  August  5,  tliat  they 
llnd  that  this  year's  catch  of  seals  already  materially  cxccmIs  7,.")0(»,  and 
that  the  United  Htates  agent  permits  the  killing  of  seals  to  continue, 
assuming  that  the  limitation  agreed  upon  commences  fiom  the  date  of 
the  sigmiture  of  the  moduH  rircmli. 

In  bringing  this  information  to  yournoti<'e  1  am  at  the  same  timein- 
stiueted  to  exjness  the  conviction  of  Her  Majesty's  (lovei-nment  that 
the  President  will  not  countenance  any  evasion  of  the  true  spirit  of  this 
agreement,  and  that  he  will  take  whatever  measures  appear  to  him  to 
be  necessary  to  insure  its  strict  observance. 
1  have,  etc., 

Julian  Paunoefote. 


Mr.  Wharton  to  Sir  Julian  PaiineeJ'ote. 

1)E1»AIITMENT    OF   Sl'ATE, 

Wash iiiff ton,  Scptetnhcr  L',  1S!)1, 

Sir:  I  have  the  honor  to  acknowled<.<'  the  recteipt  of  your  note  of  the 
l''ith  ultimo,  complaining  that  the  Uri'^cd  States  agent  at  the  seal 
islands  is  violating  the  agreement  of  June  l"),  18!)1,  l)y  permitting  the 
killing  of  a  larger  number  of  seals  than  is  stii)nlated  thereunder. 

Your  statement  shall  receive  the  immediate  attention  of  this  Govern- 
ment. 

Meanwhile,  I  have,  etc., 

William  F.  Wharton, 

ActiiKj  Secretary. 


Mr.  Wharton  to  Sir  Julian  Pauncefote. 

[Private  and  uuotticial.] 

Department  of  State, 

Wanhiniiton,  September  7,  ISOl. 

My  Dear  Sir  Julian:  Your  i)rivate  and  unoHicial  note  of  August 
y<»  was  duly  received,  and  I  desire  now  to  rejkly  to  it  in  the  same  piivate 
and  unollicial  manner.    The  President  is  unable  to  see  how  th<»,  fktmage 


332 


DIPLOMATIC    (•OKIJi:SPONM)EN0E. 


liiilll 


llill! 


Mill 


iliii'' 


clause  liiHf  ])i'<>|)o.s(>il  by  liiin  can  be  1h>I(1  to  imply  an  ailniisHion  on  the 
l)art  ol'dii'at  Biitain  " ofa  (loctiine  it'spcctin;;' the  liability  of  (lovt'rn- 
nuMits  tor  tln'  acts  of  their  nationals  or  other  persons  sail  in};'  under  their 
tlaj;  on  tlic  hij-h  seas,  which  is  not  warranted  by  international  law.^ 
The  proposition  wasexjuessly  thuned  s«)  as  to  submit  to  the  Arbitrators 
the  (juestion  of  the;  liability  of  (Ireat  Hritain  for  the  acts  of  vessels  sail- 
iuj;'  under  its  t1aj>'.  it  did  not  assume  a  liability,  but  was  framed  ex- 
pressly to  avoid  this  objection,  which  had  been  urj;ed  against  the 
previous  proposal.     I  (pu»te  trom  my  note  of  July  23: 

'I'ln-  l'iiit»'il  States  inif^ht  well  iii«ist  that  Her  Majenty's  (iovoniiiiont  HhouliI  adiiii* 
resitoiisiliilitv  fur  llu'  ai'ts  ot' the  Canadian  scalers,  uliich  it  has  so  dir«M'tl,v  oiiconr- 
ajjcd  and  promoted,  pri-cisely  as  in  the  proposal  the  United  States  admits  resjxtn- 
siliiiity  for  tin;  ai-ts  of  the  revenue  vessels.  IJiit,  with  a  view  to  remove  what  seems 
to  lie  the  last  point  of  ditfereiiee  iu  a  disenssion  which  has  been  very  much  pro- 
tracted, llu!  President  is  willinj;  to  modify  his  proposal  and  directs  me  to  otter  the 
foihiwinj;: 

The  <'laim  of  the  United  States  was  state«l  in  my  note  of  July  li3,  ae- 
comi>anying  the  proposal,  and  the  Piesident  <loes  not  see  how  the  claims 
<>f  the  res|)e«'tive  (Jovernments  c(mld  be  more  fairly  or  fully  subnntted. 
This  (i<»vt'rnnient  jtroposes  to  subnut  t(>  the  Arbitrators  the  question 
Avhether  (ireat  Ibitain  is  liable  for  the  injury  done  to  the  seal  fisheries, 
the  i>ropeity  of  the  United  States,  by  the  Canadian  vessels  that  have, 
under  the  stimulation  and  supi>ort  of  the  British  (Jovernnient,  been  tor 
sevei-al  y<'ars  enj^aged  in  the  Behrinji'  Sea.  The  i)roposal  of  this  (iovern 
mcnt  was  that  tlie  Arbitrators  should  consider  and  decide  such  claims 
in  accordance  with  Justice  and  equity  and  the  res]>ective  rights  of  the 
high  contra<'ting  i)arti«'s. 

The  l'resi«lent  is  unable  to  accept  the  last  suggestion  which  younmke 
in  your  note,  as  it  seems  to  him  to  be  entirely  ineffectual.  The  facts 
connected  with  the  seizure  of  Canadian  sealers  by  the  revenue  vessels 
of  the  United  States,  on  the  one  hand,  and  with  the  invasion  of  the  sea 
and  the  taking  of  seals  by  the  Canadian  sealers  on  the  other,  are  well 
known,  and  doubtless  could  be  agreed  upon  by  the  resjtective  Govern- 
nu'uts  without  dilliculty.  It  is  over  the  question  of  liability  to  respond 
in  damages  for  these  acts  that  the  controversy  exists,  and  the  President 
can  see  no  other  course  f(»r  this  tJovernment  than  to  insist  ui)on  the 
snbndssion  of  the  question  of  the  liability  of  (Ireat  I>ritain  for  the  acts 
it  comjilaiiis  of  to  Arbitrators.  This  (lovernment  does  not  insist  that 
(Ireat  Britain  shall  admit  any  liability  f<u-  the  a<'ts  complained  of,  but 
it  may  well  insist,  if  this  Arbitrati«m  is  to  result  in  any  effectual  settle- 
ment of  the  differenci's  between  the  two  (Jovernments,  that  the  question 
ofdn-at  Ihitain's  liability  siiall  goto  the  Arbiti-ators  for  decision. 

If  you  have  any  suggestions  to  make  in  sup|»ort  of  the  objection  that 
the  proposal  nnulc  by  the  President  assumes  a  liability  on  the  part  of 
(rreat  llritain,  the  President  will  be  very  ghid  to  receive  them,  and,  if 
necessary,  to  reconsider  the  phraseology;  but,  upon  a  careful  and  crit- 
ical examination  of  th<'  proposition,  he  is  unable  to  see  that  the  objection 
now  nnule  has  any  supi)ort  iu  the  termsof  the  proposal. 
1  aiu,  etc., 

William  F.  Wharton, 

Actiny  ^Secretary. 


til  ill 


MODUS    VIVI;NI)F    of    1H91    AND    ARIUTIJATION. 


ijas 


o 


Mr.  WItarton  to  Sir  Julian  l'ai(Hn/)>t< . 


Depaktment  of  State, 

Wasliiiif/toii.  (htohvr  In.  is<)i. 

SiB:  Tt  is  ii  source  ofreyrct  that  an  answer  lias  been  so  lnn<>' delayed 
t(»  your  note  of  Auj^iist  lMJ  last,  relatinj;'  to  the  eonininnication  «»f  the 
British  llehiin};-  Sea  ('oniniissiir.iers  as  to  the  allep'd  killinji  of  seals  on 
tlie  seal  islands  in  exeess  of  the  nundter  lix<'d  l»ylhe  ajiieenieiit  of 
June  l."»  last.  This  delay  has  been  occasioned  by  the  ne<-essily  (»f 
receiving  from  tlie  Tiiited  Stat»'s  agent  in  charge  of  the  islands  a  fidl 
report  on  the  snbj«'ct. 

The  agent  reptnts  that  he  reached  the  islands  on  the  10th  day  of 
June,  181M  ;  that  from  the  1st  (»f  January  to  the  1st  of  .May.  IS!M,'  no 
seals  were  killed  on  the  islands;  and  that  from  May  1  to  June  10,  tin' 
date  of  the  agent's  ariival,  there  were  killed  by  the  natives  foi'  focnl 
1,0."»1  seals.  On  the  mmning  of  .lune  11  the  agent  ga\e  ^(ciinissjon  to 
the,  lessees  to  commence  killing  under  the  contract  wit*  the  (!overu- 
nu'iitof  the  United  States,  and  he  states  that  from  the  lltli  to  the  l.ltli 
of  June -',OLM>  seals  wei'c  killed;  and  that  from  June  I  ">  to  July  L*.  the 
date  of  the  arrival  of  the  stvixnwr  Cor ir in  bringing  the  proclamation 
of  the  President  (»f  the  I'nited  States  containing  the  notice  and  text 
of  the  iiioihis  rirtnili,  there  were  killed  4,471  seals,  •'"lorn  July  L'  to 
August  1()  there  were  killed  for  the  use  of  the  natives  as  tbod  1.700 
seals,  and,  on  leaving  the  islands,  the  agent  gave  instriutions  to  lindt 
the  number  to  be  killed  by  the  natives  tbi-  food  up  to  Mav  1.  18!)!',  to 
1,233. 

The  instructions  of  the  Secretary  of  the  Treasury  to  the  agent,  re- 
ceived by  the  steamer  Conviu,  wer<'  that  if  in  any  way  his  previous  in- 
structi(ms  were  inconsistent  with  tlie  PnssidentAs  pioclamation  and  tlu' 
agreement  embiaced  in  it  he  should  be  governed  by  the  lattei'.  The 
ag<'nt  reports  that,  alter  careful  consideration  of  the  text  of  the  agiee- 
meut,  he  decided  that  tlu'  seals  killed  since  June  l."),  thedate  when  that 
instrunu'Ut  was  signed,  should  be  deducted  from  the  7,."t!lO  named  in 
article  2,  thus  leaving  .'J.OL'O  seals  to  be  taken  "  for  tiie  sultsistence  and 
(•are  of  the  natives"  from  July  2,  ISOl,  to  May  1,  1S02.  lie  says  that, 
in  his  desire  to  carry  out  with  absolute  correctness  the  ino;lii.s  riniidi, 
be  ecnisidted  the  two  I'nited  States Connnissioners  (Messrs.  Meiidenhall 
and  IMerriain),  the  comnmnders  of  the  I'nited  States  vessels  Moliiidsi, 
TliHis,  and  Coririii.  the  I'nited  States  special  agent,  and  the  sjK'cial 
inspect()r,and  that  they  all  ccuicurred  in  his  interpretation  of  paragraph 
2  of  the  agreement,  that  seals  killed  juior  to  June  l.")  did  not  form  part 
of  the  7,500  named  in  the  wn>//»,sw/cr«<//.  He  further  says  that  in  liis 
first  meeting  with  the  Hritish  Commissioners.  Sir  (ieorge  Haden-I'«»well 
and  Dr.  (1.  M.  Dawson,  July  2S,  he  submitted  the  same  (|Uestion  to 
them.  Their  rei)ly  was  that  it  was  the  understanding  of  the  Hiitish 
Government  that  only  7,. "iOO  seals  should  be  taken  dining  the  season ; 
but,  on  examining  the  text  of  the  agreement,  they  admitted  that  the 
agent's  interpretation  of  it  was  correct.  This  statement  as  to  the  views 
of  tlu'  liritish  Commissioners  is  contirme<l  l,>y  the  report  of  Professor 
Mendenhall. 

The  agent  <'laims  that  his  action  is  not  only  strictly  in  a(!('or<l  with 
the  language  of  the  agreement,  but  with  the  true  intent  ami  spirit  of 
the  same,  as  he  understood  that  intent  and  spirit  in  the  light  of  all  the 
facts  in  his  possession.  He  understood  that  the  (»l»je<M  of  the  agree- 
ment in  allowing  7,500  seals  to  be  killed  was  "  for  the  snlisisteiice  ami 
care  of  the  natives."    The  1,051  seals  killed  by  the  natives  for  food 


334 


DIl'LOMATK  •    COURKSrONDKNCE. 


lll'ill' 


I'' 
iiil 


il'i" 


from  Miiy  1  to  .luiu'  10  were  almost  immcdijitely  t'atoii  hy  tlit'iii,  as  i.' 
Ilu'ir  t'uslom  altrr  the  scanty  Hiipjdy  of  meat  (liiriiij^'  tin-  winter  and 
s|)rin^' months,  and  no  part  of  tlii'se  seals  was  salted  or  presci'ved  i'oi- 
future  tise.  Dnriiij''  the  killing'  season  l)y  tiie  lessees  under  their  ([uotsi 
for  comnu'reiiil  jiurposes,  the  natives  ar«'  kept  very  iuisy  and  have  no 
time  to  i>ie|iare  meat  lor  future  use,  and  only  so  nnu^h  Is  us«'d  for  food 
as  is  cut  oti"  for  present  use;  so  that  the  seals  killed  between  June  10, 
when  the  season  eoinmeneed,  and  .Inly  2,  when  the  notice  of  tile  mtnlus 
riiUHili  was  received,  were  not  available  tor  the  future  subsistence  (»t* 
the  natives.  As  stat»'d,  there  only  n'niained  .■5,0lil)  seals  to  be  taken 
for  their  subsistence  from  .luly  li,  1S<>1,  to  May  1,  ISOii.  The  agent 
cites  the  fact  thj^t  from  the  close  of  the  commercial  killing  s»'ason  of 
181M),  on  July  L'O,  ihere  were  killed  by  the  natives  for  food  up  to  De- 
cember 31,  ISlKt,  (J.L'IS  seals,  including  .'{,408  ]>up  seals,  the  further  kill- 
ing of  the  latter  being  row  in-ohibited.  It  was  ])lain  to  the  agent  that, 
under  the  construction  which  he  had  ])laced  ui)on  the  itinihis  i'ii'<Hili, 
the  sujtply  of  meat  f  »r  the  initi\es  during  the  coming  winter  would  be 
entirely  inadcipnit*',  and  befoie  his  departure  from  the  islands  he  called 
upon  the  lessee's  to  bring  in  a  sullicient  su|)ply  of  salt  beef  to  carry  the 
natives  through  the  winter  and  up  to  May  1,  1801'. 

The  agent  had  no  means  of  determining  the  scope  and  meaning  of  the 
])hrase  of  the  Uritish  Commissioners, as  used  in  your  note,  "this  year's 
catch,"  <u'"the  catch  of  this  season,''  as  used  in  their  «'ommunication 
to  him  dated  July  .'{(),  ex<'ept  by  the  interjuetation  to  be  gi\  en  to  the 
text  of  the  iHmliis  rinu(ti,  as  contained  in  paragraphs  1  and  U.  The 
"same  jieriod,''  Ibund  in  itaiagrajdi  2,  he  understood  to  refer  to  the 
period  within  which  th«'  DritishCJovernment  undertook  toi>rohibit  seal- 
killing  in  Uehring  Sea.  The  Uritish  Ccuumissioners  iidbrmed  the  agent 
that,  as  to  the  Uritish  (lovernment,  this  period  did  not  begin  until  a 
reasonable  time  after  .lune  lo  (the  date  of  signing)  suthcient  tor  tlie 
naval  vessels  to  reach  the  sea.  The  agent  intorpreted  the  i)aragraph8 
cited  as  mutually  binding,  and  he  could  not  assume  that  it  would  be 
claimed  that  their  provisions  were  to  take  etfect  on  one  date  in  the 
interest  of  the  liritish  sealei's  and  on  another  in  the  interest  of  the 
United  States. 

1  have  thus  taken  i)ains  to  communicate  to  y(m  in  some  detail  the 
action  of  the  agent  of  the  United  States  on  the  subject  complained  of 
by  the  British  I'ommissioners,  and  I  hope  what  has  l»een  set  torth  will 
convince  your  (lovernment  that  there  has  been  no  disposition  on  the 
part  of  the  agent  to  evade  or  violate  the  stipulations  of  the  agreement 
of  June  l."i  last. 

1  have,  etc., 

William  F.  Wuakton, 

Acting  ISvcntary. 


;iiiiii 


Mr.  Wharton  to  ISir  Julian  raunce/ote. 

Dkpaktmknt  of  State, 

Wasliiiijitnn,  October  ]L\  IS!)]. 
Mv  Drak  Siu  Julian:  On  July  2li  last  I  wrote  yim  a  note  present- 
ing a  prop()sal  for  the  settlenu'nt  of  claims  for  damages  which  was  to  form 
a  part  of  the  proposed  agreement  of  arbitration  of  certain  nnitters  al'- 
fecting  the  seal  lisheries  in  IJehring  Sea.  On  August  22  1  wrote  letpu'st- 
iug  you  to  be  kind  enough  to  iuform  me  when  an  answer  to  my  note 


MODI'S    VIVKNDI    (»r    1H!M     AM)    AUHITKATION. 


snA 


iiiifi'lit  lie  «'\|»('ctiMl.  ( )ii  Auffiist  L'l  you  wrote  me  acl\iio\vl('<lj;iii<i"  tlic 
i*'<'«'i|»t  of  mine  of  Aiignst  LJli  ;iii(l  exprcMsiny  tlu' hope  tluit  you  would 
be  in  a  position  torei»ly  to  my  note  of  .Inly  L'.'»  in  tlie  course  of  the  next 
few  (liiys.  More  tlnin  ten  weeks  liave  eliii»se(l  since  sending;'  you  my 
note  of  .luly  -•'.  and  no  answei'  to  it  lias  yet  been  icceix  ed.  Tlie  IMesi- 
dent  is  very  desirous  to  have  a  conclusion  reached  in  the  ne;;otiations 
eoncerinujn' the  ISehrin^i'  Sea  matters,  an<l  has  re(|uested  nu>  to  diaw  y«)»U' 
attention  a^aiu  to  the  impiM'tanee  of  an  early  reply  to  his  latest  pro- 
posal. The  jieriod  fixed  l)y  the  aj^'reenu'Ut  for  a  moiliis  rinntll  expires 
May  U  next,  'i'lie  time  within  which  it  is  ho|»ed  to  obtain  a  fund  settle- 
ment of  the  questions  in  disi)ute  between  the  two  (lOvernnuMits  is  fast 
ptiufi' by,  and  the  President  feels  that,  if  any  effective  action  is  to  be 
had  in  the  matter  before  the  next  tishinji'  season  opens,  all  the  terms  of 
agreement  of  arbitration  shoidd  be  disposed  (►f  inimediatt'ly. 
Very  truly  yours, 

William  F.  WiiAirroN, 

Ailing  Scvniary. 


Sir  Julian  rauneefotc  to  Mr.  Wharton. 

IJinrisii  JiK(fATiox, 

Woshiniiton.  (h-tolnr  1.1.  isni. 

INIv  Dear  Mk.  Wiiartox:  On  reeeii»t  of  your  letter  of  yesterday, 
asking  for  a  reply  to  your  note  of  .July  !,'.'»  last,  eontainiiig  a  tbrm  of 
clause  proposed  by  your  Government  to  be  inserted  in  the  Uehring  See 
Arbitration  agreement  to  settle  the  long  debate<l  (pu'st ion  ofdanuiges, 
I  telegraphed  to  Lord  Salisl)ury  for  further  instructions,  informing  him 
of  the  substance  of  yimr  conununication. 

I  understaud  that  his  lor<lship  is  expected  in  London  this  week  from 
the  S(mth  of  Europe,  and  I  shall  probably  therefore  receive  an  answer 
to  my  telegram  before  many  days. 

Although,  as  you  observe,  mori^  than  ten  weeks  have  elajised  since 
the  date  of  your  otiicial  iKtte  above  referre«l  to,  I  need  hardly  rennnd 
you  that  the  intervt'uing  time  has  been  taken  u]t  with  informal  dis- 
(•ussions  between  us  with  a  view  to  tinding  a  solution  of  the  dilliculty 
without  unduly  lengthening  the  otiicial  correspondence.  This  intbrmal 
interchange  of  views,  which  no  doubt  had  the  ai)proval  of  the  IMesi- 
dent,  has  not  been  without  advantage  in  throwing  light  <»n  thetroubh'- 
some  (piesti(Ui  which  still  impedes  the  conclusion  of  tin' agreement,  and 
1  now  hope  I  nuiy  soon  be  in  a  position  to  resunui  the  ofticial  corre 
spondence. 

Very  truly  yours, 

Julian  Pax  ncefote. 


Sir  Julian  rauneefotc  to  Mr.  Wharton. 

Uinrisii  liE(iATio:v, 

WashiiKjhni,  (htoltrr  17,  Isni. 

Sir:  Immediately  on  the  re<'eii)t  of  your  note  of  the  L'.'id  of  .Inly  last, 
relative  to  the  form  of  compensation  clause  to  be  inserted  in  the  Behring 
Sea  Arbitration  agreement,  1  trausnntted  a  copy  of  it  to  the  Manjuis  of 
Salisbury. 


a;5(; 


lUI'Lo.MATK     (  (U{Ui:si'()XnEN(T.. 


Since  tlicii  I  liiivc  Itccii  in  concspoiKlcncc  wiMi  liis  Ion]slii|>  rosi)c<'t- 
in^  til)- new  lurni  ol' clause  on  tiiat  sultjoct  proposiMl  in  yoni' note  as 
article  7. 

I  leiiiet  t(»  infni  111  yoM  fliat  ller  .^rajesly's  <Joveinnieiit.  after  tlie  liill- 
est  (•(•nsideiatioii,  lia\  e  airived  at  tlie  conclusion  tliat  tins  new  clause 
could  not  pi'opei'ly  he  assout«'<l  to  Ity  tliein.  In  tlieir  opinion  it  implies 
an  admission  of  a  doctrin<>  r<-spectin;;'  the  liability  of  ^'overnni(>nts  for 
the  acts  of  their  nationals  or  other  persons  sailiiiji:  under  their  thi^'  on 
the  liiuh  seas,  for  which  there  is  no  wairant  in  the  law  of  nations. 
Thus  it  coiitains  the  followinj>'  words: 

'I'lic  (in\criiiii('iit  of  tli(>  I'liitt'il  Slates  liiiviii;^  presented  on  its  own  t»eliiilt',  itn  well 
lis  of  llie  lessees  uC  llie  )iri\  ile;ie  of  tnl<iny  seals  on  the  I'liMlol'  Islands  eliiims  for 
<  i>ni|ii'i:salion  l>\  leason  of  t  he  kill  in;;  of  seals  in  Itelirin^'  Sea  liv  ]iei'so)is  aetin;;  under 
the  |ii'otei'tion  of  the  Iti'it  Isli  lla<;;,  the  Arliitratois  shall  considei  and  decide  upon  sueh 
elaiins.  ele. 

Tlu'se  words  involve  the  pro])osition  that  Her  INIajesty's  (loverninent 
are  liable  to  make  {i«>od  h»sses  residtiiif>'  fr<un  the  wroiifi'ful  action  of 
l)ersons  sailinj;' outside  their  Jurisdicti(Mi  under  the  Uritish  Hag. 

Her  Majesty's  (Joverninent  could  not  accept  sueh  a  doctrine.  The 
article  dealinj>'  with  the  (iiiestion  of  compensation  is  therefore  likely  to 
<itv<'  occasion  for  Ieii}>thy  nej-otiatijuis,  uhich  must  retard  indefinitely 
the  decisi(»n  of  the  main  (juestions  of  law,  on  which  the  validity  of  the 
claims  of  either  (l(tvernment  entirely  <leiiends. 

r>oth  (l(»vernmeiits  beinji'  e(pially  desirous  to  find  a  ]m)m]>t  solution 
(tf  the  dilliculty  which  now  ini])edes  the  conclusion  of  the  Arbitration 
a,i;ieem.'nt,  Lord  Salisbury  has  authorized  me  to  make  the  following 
lirojiosal:  His  lor<lshii)  suogests  that  the  six  articles  of  the  Arbitration 
agreement  already  accepted  by  both  Governments  should  be  signed 
now,  and  also  an  article  i)roviding  for  the  reference  to  the  Arbitrators 
of  any  question  of  fact  which  either  Government  amy  desire  to  sub- 
mit to  them  regarding  the  claims  for  compensation  to  which  it  consi<lers 
itself  to  be  entitled.  The  a])])lication  of  international  law  to  those  facts 
would  be  left  as  a  matter  for  future  negotiation  after  they  shall  have 
been  ascertained,  and  might  be  subsequently  referred  to  the  Arbitratot*s, 
in  whole  or  in  ]>art,  if  the  two  Governments  should  agree  to  do  so. 

The  above  i»ro])osal  presents  so  logical  and  practical  an  issue  out  of 
the  dithculty  that  I  can  not  but  think  that  it  will  commend  itself  to  the 
favorable  consideration  of  the  President,  and  1  hope  it  will  meet  with 
his  ac«'eptance, 

1  have,  etc., 

Julian  Pauncefote. 


Mr.  Wharton  to  Sir  Jnlian  rauncefote. 


Department  of  State, 

WitskiiijjtoH,  Ovtohcr  22,  1S91. 

Sir  :  I  have  laid  before  the  President  your  note  of  the  17th  instant, 
and  he  directs  me  to  express  his  regret  that  yonr  Government  has  not 
seen  tit  to  accept  the  modified  form  of  the  seventh  clause  which  was 
proposed  in  my  note  of  -Inly  L*3  last. 

This  moditicati<m  of  the  clause  in  question  was  made  with  a  view  to 
obviate  the  objection  urged  in  yonr  note  of  .Inly  13,  and  the  President 
is  unable  to  see  how  it  cj.u  be  held  to  imply  an  admission  on  the  part  of 
Great  Britain  "of  a  doctrine  respecting  the  liability  of  governments  for 


MODI'S    VIVKNDI    or    IMJM    AND    AKIHTUAIK  »N. 


•  >•}■ 


'   'I 


tln'  iicts  nC  tli«'ir  iKitioiiiils  or  otlirr  ikmsoiih  sailiiij;-  iiimU'I  tlicir  llii.;;'  on 
tlic  liiffli  seas,  tor  wliicli  tliui«'  is  no  waniuil  in  intt-rnational  law."  Tin- 
proposition  was  <>\|»i'»'ssl\  IVannMl  so  as  to  sulnnit  to  tin-  Ai  Ititrators  tin' 
«|n<-stionot'  the  liability  of  carli  (iovcrnniciit  tor  s|)c<-iti('<l  arts  roniplaiiu'il 
of  liy  tin'  other,  and  its  lan;^na;>c  no  niorr  implies  an  ailniission  of  liahil 
ity  on  tli(^  part  of  one  (lOM-rnnicnt  than  on  the  part  of  the  other.  It  is 
prej'isely  lieeanse  the  two  ( i<»\  (Minneiits  can  intt  ajLiree  as  to  the<|Mestiou 
of  liability  that  arbitration  lieeonies  neressary. 

The  facts  npon  which  the  respective  claims  for  compensation  rest  are 
li(»t-  seiioiisly  in  dispute,  to  wit.  the  seiznre  of  vessels  and  the  killinji'  of 
seals  in  llehiin;''  Sea,  and  it  wonid  probably  not  retpiire  the  aid  of  arbi- 
trators foi' their  a.sctM'tainnn'nt.  I>ut  it  is  the  more  itnjiortant  and  ditli 
cult  «iiiestion  (»f  liability  lespt'ctinji  which  the  twit  (iovernments  tind  it 
necessary  to  invoke  the  interpositi(Mi  of  impartial  arbitration.  It  was 
not  tlH>  inte]ition  of  this  (lovernment  to  retpiire  of  (ireat  ISritain  any 
sidnnssion  of  liability  lor  the  acts  complained  of.  Itut  it  has  felt  that,  if 
the  Arbitration  was  to  r«'snlt  in  a  fidl  settlement  ot'  the  dilVerences  be 
tweon  the  two  (iovernments,  the  ipn'stion  of  respective  liability  tor  these 
acts  should  j;()  to  the  Arbitrators  for  de<ision. 

In  the  informal  conferences  which  have  taken  place  Ix'tweeii  us  since 
the  date  of  my  note  of  July  IT),  yon  will  renu'mber  that  I  ha\o  solicited 
from  you  any  suj-gi'stions  in  support  of  the  objection  that  the  modilied 
clause  assumes  a  liability  on  the  part  «»f  ycnir  (iovernment,  having' in 
view  on  my  part  an  anninhnent  of  the  |»hras»'olo;^y  to  overc(tme  the  ob- 
jection; and  I  have  toex]U'ess  disappointnieut  that  no  such  su^iyestions 
were  found  in  youi'  note  of  the  ITth  instant.  It  wasfoi'  this  reas(»n  an<l 
in  the  hope  that  the  clause  nii;j;lit  l)e  made  at-ceptable  to  your  (iovern- 
inent  that  after  the  itM-eipt  of  your  note  1  submitted  to  y(y:\  infornmlly 
the  following  amendment  to  be  added  to  the  seventh  clause,  as  proposed 
in  my  note  of  .Inly  2.' J: 

'flic  ubovc  i»r<iviHi()ii  lor  llic  siilmii.sNidii  ti)  lln^  Arl>itr;ilins  l>y  llir  I  iiilt'il  St.'tti ,-,  of 
claim.s  f(ir  ('i>iii|it'nstiti<iii  liy  icaxdi  ol'  ilu;  killiii;;  of  seals  liv  persdiis  aitiiiu  iiihIit  tlic 


irolcction  of  til)'.  Uritisli  ll:i<;  sliall  iiut  lii'  consiilt'it'i 


:is  iiii|ilvni:;  iinv  alini^^sioii   <iii 


tilt'  )iait  111'  tile  (i(i\  I'riiinciil  of  OiiMf  Itiitain  nl'  its  lialiility  lor  the   acts  of  its  n 
lioiials  or  otluM-  persons  sailiiin  iimler  its  tiaj;. 

We  have  now  been  informed  by  yon  that  your  (lo\crnment  is  un- 
Avilliufi'  to  accept  the  chmse  even  with  this  addition  by  way  of  amend- 
ment. 

When  in  y'our  note  of  February  lil  last  you  communicated  the  desire 
of  Lord  Salisbury  for  a  '"reference  to  the  Arbitratoi-  of  the  (piestion  of 
damages  due  t<»  persons  who  have  Ixum  inpired.  in  case  it  should  be  de- 
tenniiied  by  him  that  the  action  of  tiie  I'nited  States  in  s«'i/in.t;  Ibitish 
vessels  Ifas  licen  witlnnit  warrant  in  international  law."  the  President 
cheerfully  accepted  the  su^ifi'estion.  and.  eoupliiif;  with  it  the  claini  of 
damaji'es  preferred  by  the  United  States,  propositi  to  submit  lioth  (pies- 
tions,  as  luesented  by  the  respective  (iovernments,  to  arbitrati.ni.  thus 
making'  a  complett'  and  tinal  settlement  of  all  ditfereiices  between  the 
two  (iovernments  connected  with  the  seal  tishcries.  To  withdraw  this 
comprehensive  submission  of  specitied  claims  and  substitute  for  it  a 
mere  referenc<'  to  the  Arbitratoi'  of  (juestions  of  fact  touchinj;'  the  same 
claims  which  are  not  to  be  held  bindin,!.;  upon  either  Government,  as 
you  i)ro]»ose,  is,  in  the  opinion  of  the  President,  an  imjx'rfect,  and,  he 
tears,  may  prove  an  inettectual,  dis]>osition  of  tlu.^  (pu'stion  of  claims. 
]>ut,  haviiijn'  failed  in  hi>.  etforts  by  moditication  and  amendment  to  se- 
cure the  acceptanc*'  by  your  Go\  «'riiineiit  of  the  clause  for  a  full  adjust- 
ment of  these  claims,  and  ii;'arlily  participatiiifi  in  the  desli'e  e.\[»rei>sed 

■43 


F»*;1 


;i;;H 


Diri.oMATlr    (OKKKSl'DMU'-NCr.. 


ill  your  note  lor  a  pioiiiiit  sdliitjon  cil  the  tlitliniltN  wliirli  iiii|ictl*'s  the 
nMicliisinii  (if  tlie  Aibitnitidti,  lie  li:is  tii(Mi;;li(  it  lifst  to  tcnniiiiilt'  tiu* 
ilisciissioii  by  proposiii};  to  yon  tiic  rollo\viii<;-,  to  ronstitiitc  tlir  lt'\(  «)l 
claiiso  7 : 

Till'  r('S|i"rlivr  irovrrnilli-nts  li;i\  iii^  Irtillitl  liifliisclvrs  iiliiililc  to  .liiicc  ii|iiHi  ;i  icf- 
crriicf  \vlii<'li  .shall  iiirliKlr  tlitM{iii'sl  inn  (if  I  lilt'  li;iliilit.v  iil'  I'lirli  I'lii'  iIk'  iiijiii'ii-H  al- 
Icui'tl  III  liaxr  Ik'i'ii  siiHlaiiii-il  Itv  tli<'  nllii-riir  liv  its  rjti/riiN,  in  loniiri'l  inn  with  llic 
olamis  prrsi'Mli'il  anil  mi;fil  li\  it.  ami.  iM-ini;  snlirilmis  lliat  iImn  Milmriliiiai"- i|iiri- 
tion  sliiiiilil  lint  intcri'ii|it  nr  loniirr  ilrl.'ix  the  siiliniissidn  ami  iletriiiiinal  inn  nl  I  h<« 
main  i|iirsliiin.s.  iln  a<il'i'i'  that  rillicr  iiia\  snl>Miil  to  t  hr  .Vililtialnrs  any  i|  nest  inn  nl' 
i'url  in\ olvi'il  in  saiil  claims  anil  ask  Ini'  .1  liniiiii<;  thrii'tin,  tliu  i|nrstinii  nl  liir  liaJiil- 
ity  III  lilhor  (iiiMTiimml  iipnii  the  lads  Iniin*!  In  he  tlii'  Milijert-  nf  InilluT  iiu<;<itia- 
tiou. 

1  am,  etc., 

William  r.  WiiAinoN, 

Actliuj  Svvrciary. 


Sir  Jul i (ill  I'aiitKrf'ntt'  ti)  Mr,  Wlinrton. 

IlKirLSJI    liKCAIION, 
W'ash'nnjinii.  (Idnhn    j:i,  Isnt. 

Sir:  T  have  tin*  lionoi- to  ;ickiio\vle(i;;('  tiic  iccci|ti  ot'  your  iiot<'  <if 
y«»8t»'rtlny's  iliitc  in  reply  to  inincortlH'  ITtli  iiistniit.  in  wliii'li  I  stiit«'<l 
tlie  jj^rouiids  on  wliicli  IUm'  M;ijt'.st\"s  (lovciiiiiuMit  roiiiMJ  tliciiisch cs 
nii:iliU'  to  ii('('('|)t  tilt'  lonii  ol'«-i;iiist'  iriiitiii.u  lo  ii:iiii:i^«'s  |M(i|io.st'ii  in 
your  note  otMuly  L'.!  lust  lor  insertion  in  the  ISeliriny  Scji  jrlMiiiiiion 
ajiTccinont.  In  that  not<'  I  inloiiiKMl  yon  that  I  Innlin-cn  antlion/,<'»l  iiy 
the  Mai'i|uis  of  Salisbury,  with  a  view  to  a  pionipt  -ctt lenient  ol  the 
(littienlty,  to  make  tlie  ro]h»win.ir  s^l};•ne^*^liolls.  namely,  that — 

tilt' six  iirtii'Ifs  nl' lilt'  arliilratinii  aj;rri'iiii'iit  .liri-aily  arci-iiinl  1>\  linlli  ( tnv<>ninii*nls 
sliniilil  lir  si^jiii'il  iinw.  anil  alsnaii  arlii  Ir  |irn\  nlini;  I'nr  the  irliTiinc  In  ilir  Afhiiia- 
tnrs  nf  any  <|ii('sl  inn  nf  tail  which  cit  her  (  niMTiiincnl  ma  \  ih'sii'c  In  siilniiil  to  thi'iii 
jTganliiiiV  tilt'  claiins  I'nr  fninpi'iisal  inn  In  which  it  cnnsidcrs  iImi'II'  In  he  t'ntith'il. 
Tlh'  a|i|ilicatinii  nf  internal  iniia  I  \\\\\  In  llinsi-  lacts  wnnlil  III'  Icll  as  a  iiialtrl'  tnr  tji- 
f  lire  nt'ntil  iaiinli  ai'icr  lhc\  shall  haM'  liccn  asci-ilaiiicil.  ami  iiiii:iil  In  >iilisi'i|iiciilly 
ri'ffrrt'il  to  tlie  arliitralnrs.  in  wlmh'  nr  in  part,  irilif  twn  '^inMi-iiiiiii'nls  lunilil  ay:icc 
to  tin  sn. 

Inyouniote  un<I(!raekno\vle<l<;uuMit.iii  which  yon  reply  as  totlie  abo\e 
sug;j>«'.st ion.s.  yon  advert  to  the  distussions  and  inlinina!  conrereiiees 
\vhi(!h  lia\('  taken  plaee  on  the  snbiect  tjf  Ihe  elanse  tiealin;;  with  the 
(piestion  ofdanniji'es.  and  y<Mi  state  thait  th<'  President  is  unable  to  see 
how  the  seventh  clause  proposed  in  \our  not*'  of  tiie  L'.'xl  ot  July  last 
can  be  held  to  iinjily  an  admission  on  tin'  part  of  (iieat  lirMjiin  "of  ;. 
doctrine  respei-tiiii;'  the  liability  ot  jfoverniinMits  Un-  the  arw  of  their 
uationals  or  other  jii-i.^ons  sailiiifi  nt'tU'i  their  llai;  on  the  hijili  .seas,  lor 
which  there  is  no  warrant  in  intern. iiional  law."  'I'lmse  are.  no  doubt, 
the  terms  in  which  I  stat«'d  j-enerally  The  obje'tinn  <if  Her  Majesty's 
Goveriimeiit  to  the  ibrin  of  clause  inipK^tion.  I'.iit  I  am  reli<'ved  from 
explaiiiiii}?  their  objection  in  j;reater  dei;ail  by  the  projioHal  ol  tlie  Presi- 
dent, with  which  your  not*'  concludes,  to  substitute  a  new  clause,  which 
substantially  <'avri«'s  out  Lord  iSalisiuirys  sujufiesiion. 

V(Mi  state  that  the  President  luis  tiKui^l't  it  best  to  tenninate  the 
discussion  by  proposinjf  to  me  the  followinj^,  to  constitute  the  te.\t  of 
clause  7 : 

Tlio  rt'siKU'tiv't!  jjiivorniiii'iits  liuviuK  toumi  tliimiselvcHiiiiuliIti  to  aKreenpon  a  refcr- 
euue  which  Hhall  inchiiie  the  (piestiuu  nt  the  lialiility  of  each  lor  the  iiijuricHullcgeit 


MODUS    VTVKXDI    OF    1891    AND    ARniTTJATION. 


330 


1(>  li;i\  (•  biTii  •.ii>l;iiii('(l  1>\  I  lif  dllicr  <ir  li.\  its  citi/fiis.  In  idiiiiciI  iim  w  iili  tlu'  ilaiiiis 
]irL>H<Mlti'<l  Mini  lll';;'('<l  Ity  it.  Illlil,  licili;;  solicitniis  tlint  tlliH  Mllii.riliiiMti-  i|llr.stii>ll 
kIiimiI(I  lint  iiit<Ti'ii|>t  or  l(tii<ri'i' i|(  liiy  the  siiltiiiissioii  and  (It'tniiiiiiiil  inn  4it' llii>  iiiaiii 
(|ii('sl  iiiiiK.  (1(1  a;;ri'f  llial  cillicr  inav  .siilmiit  to  tlic  Ailiiiratnrs  any  (|iicsli(in  nl' fad 
involved  in  said  clainis  and  ask  lor  a  liiidiiii;  tlicrcon.  t  lie  (|ii('Htioii  i<\'  llu;  lialiilit,\  of 
citlitT  (toveniiiicnt  upon  the  lads  I'oiiiid  to  )>(■  the  snliject  of  fiirllici' iicj^otiation. 

I  iUii  jilad  to  lie  able  to  aiiiiotnice  to  yoii  tliat  \  liave  rcceivctl  by  telc- 
}irai>li  tilt'  aiitlioiity  of  lioril  Salislmry  to  iicct'itt  the  above  clause  <(ii 
lieliall  of  iler  Majesty's  (loveninieiit,  and  in  d<»iny'  so  I  bejo-  to  express 
my  o'latilicatioii  at  this  satislaettHy  solution  of  the  ditlieiilty  wiiieli  lias 
delayed  the  loiiehision  ol' the  arbitiutioii  a;;ieeiiieiit. 
i  hii\  e,  etc., 

Julian  Taunoefote. 


Sir  Jii'loiui  VaunwI'oU;  to  ^^r.  Blaine. 


1 


Bkitusii  Leg  at  ton, 
Wasliiiifitoii,  Nontmher  SJ,  1S!)1. 

Sir:  T  iiifbriiied  the  Mai'(|iiis  ot'  Salislmiy  of  oiir])i'o]iosal  tosio-n  the 
ti'Xt  oftlie  sexeii  articles  jo  he  iiiseited  in  the  llehiin^  Sea  Aibitiatioii 
a^i'eeiiieiit  and  ol  tiie  Joint  Coniniission  article,  as  settled  in  the  diplo- 
matic <i»nesp»Hnlence.  in  older  to  record  the  piojiicss  made  up  to  the 
present  time  in  the  neoii|  jjii j<in. 

Lord  Saiisbniy  eiitiiely  appioxes  of  tliat  proposal,  but  he  has  in- 
strncted  mc.  beloie  si^iiinj;'.  to  address  a  note  to  you  tort  lie  purpose  of 
obvialiiio  any  doubts  which  mioht  lierealter  arise  as  to  themeaniuo 
and  «'flect  of  article  (J.  which  is  as  follows: 

If  tile  ddci  niiiiai  ion  of  tlic  loicuoinu  (|ii('slioiis  as  to  tlic  ('S('liisi\'(>  jurisdiction 
(d"  the  I  iiitcd  Stal .  s  >liall  I  nave  the  snlijcd  in  siicli  posit  ion  that  tlic  (•niiini  rciicc  of 
(•rcat  Uniaiii  is  nci'c.>.sai',\  In  the  cstaldisliiiKMit  id'  rc;;iilat  ions  for  the  |n(i|ici  protec- 
tion and  the  preseiv  al  ion  (d'  tlic  fur  seal  in  or  lialiil  nally  resorl  inn  lotlic  I'lciinv, 
tSea,  the  Arldt  ralois  Nliall  then  del  ern  line  u  liat  concMireiit  ic^inlal  ions  outside  IIk^ 
Jurisdietioi'al  liniits  oftlie  respectixc  ud\cininciits  are  necessary,  .'iiid  over  what 
waters  such  k  un  la  I  ions  should  c\  lend  :  and.  to  aid  t  hem  in  that  detei  niiliat  ion.  tlu^ 
report  of  llie  Joint  I'oiiiinission  (o  lie  app(Mnlcil  liy  the  icspcclixe  ^iiv  (  riinienls  shall 
iie  laid  hel'orc  I  lieiii.  with  such  oilier  e\  ideiiec  :is  either  ( loveriiineiit  iiia\  snliinit. 
The  contract  iiii;  powers  fiirlhciniore  aj;rec  to  (((("iperatc  in  seciirint;  the  adhesion  of 
ot'.iei   ;.owi  r^'  to  Hlleli  re<;'lllaliolis, 

fiOrd  Salisbury  desires  to  make  the  followino  two  reservati<uis  on  the. 
aliove  article : 

His  lordship  understamls.  lirst.  that  the  nt-cessity  of  any  reonlations 
is  left  to  the  Arliilrators.  as  W(dl  as  the  mitiire  of  those  icoiilati»nis,  if 
the  necessity  is  in  their  nidonien.  proved;  secondly .  tliat  the  reonhi- 
tions  will  not  liccoineobli^iitory  on  (iicat  Ibitain  an<l  the  I  nit  ed  States 
until  the\  have  been  accepted  by  the  other  maritime  powers.  Other 
wise,  iis  his  hndship  observes,  the  two  (lovernmcnts  would  be  simply 
handino'  over  to  others  the  lioht  of  cxterminatinL:  the  seals. 

I  have  no  doubt  that  you  will  lia\t'  no  ditticidl,\  in  concuriino  in  the 
idtove  reservations,  ami  subject  thereto  I  shall  be  prepared  to  sij;ii  the 
arti«des  as  proposed. 
i  luivcj  etc., 

Julian  Pauncefote. 


m 


¥» 


340 


DIIM-OMATIC    CnKREsl'OXDKN'ClE. 


Mr.  Jiluinc  to  Sir  -Tvlhm  PaHucrfhte. 


I 


Departmknt  i»K  State, 

W<iNlii)i!ftoii.  Xnniiihrr  ^7,  1891. 

Sir:  Tn  tin '  early  part  of  last  \\*H^k  you  turnisli»*<l  the  exact  ])oiiits 
wliicli  had  l>»'('ii  aji'iTi'd  upon  for  arliitratioii  in  tlic  i  inter  ot  the  lleliiiiiu 
Sea  negotiation.  You  eallet!  latei  and  ((tiieclt'ii  i  he  hin^iuajic  wiiieh 
intro(liu-ed  the  ajireenu'nt.  In  I'aer.  tiie  two  enpi.-^  framed  were  taiien 
entirely  from  your  minutes.  It  was  done  with  w  '-w  that  you  ami  1 
shouhl  sij^ii  them,  and  thus  authenrieate  me  poiiii>  lor  tiie  Arbitrators 
to  eonsi(h'r. 

Vou  inlorm  me  now  that  Lord  Saiislm'\  asks  to  make  tw(»  rest-rva- 
tioMS  in  the  sixtli  article.  IJis  lirst  reservation  is  tlnit  "  the  neeeasity 
of  any  rejiulation  is  left  to  the  Arbitrator'-  is  well  as  t  he  nature  of  those 
re<;nIations  if  the  necessity  is  in  t Iwir  ju.  -inenr  proved." 

What  reason  has  L<nd  Salisbuix  for  ;i  ■:  inj;  the  text  of  the  article 
to  wliich  he  had  agreed:'  It  is  to  lie  |)resuni+'<l  that  if  rejiulatious  are 
needed  they  will  be  made.  If  tlie\  are  iw>t  meeded  the  arbitiators  wid 
not  ma4;e  them.  The  agreement  lettvea  tke  jirbitrators  free  upon  that 
point.     The  lirst  lesei  \  ati<»n,  then'tore.  luj**  mo  si>ecial  meaniiifi'. 

The  scctHid  reser\ation  wliich  Lord  Sjtli.4>ury  makes  is  that  "the 
regulations  shall  not  lK'coinet»blij:ii.l(>ry  oiiMii^at  l>rilain  and  the  I'nited 
States  until  they  ha\i'  been  accept!  d   by  rite  other  maritime  powers." 

JJNM's  Loid  Salisbuiy  an  that  tit*'  liiiteo  States  and  (ireat   llritain 

siiall  i-elVain  from  takin;^  seals  nniil  ''veiv  lusiiritimt^  power  Joins  in  the 
re;;ulatioiis  .'  Or  does  he  nu-an  tluit  scalin;;  s^hall  be  resunu'd  the  1st  of 
May  ne\t  and  that  we  shall  |irocr.^l  as  be«;„j.  the  Arbitration  until  the 
re;;ulation-  have  be«'n  acce|>te<l  b\  the  tnher  "maritime  powers:'" 

••Maritime  powers"  amy  nu-aii  one  tidnj;  or  another.  Lord  Salisbuiy 
did  not  sa.\  the />/•/«(•/'/;>(/ nniritimi'  powers.  Fiance.  Spain.  I'ortn^ial. 
Italy.  Austria.  Turkey.  Ivnssia.  <  i<'iimniy.  SAveden.  Holland.  Uel^ium, 
are  alt  maiiiiim'  po\ver>  in  the  >tiisr  tliat  ;hey  maintain  a  navy,  yreat 
or  small.  In  like  luaunci-  Urazil.  the  Aryenline  Confederation,  Chile, 
Peru,  Me\i<'o.  and  Japan  ar<' maritime  powt-is.  It  vvould  require  a  long 
time,  three  \  cars  at  h'ast.  to  lict  t  lie  assent  of  all  these  powers.  Mr. 
Ua.vard.  ot  the  I'.Hh  of  Aiij^asi.  iss;.  uddri^ssed  (ireat  Ibitaiu.  Cermaiiy, 
Fraiu-e.  Iiussia.  Sweden  and  Noiwa>.  and  Japan  with  a  view  t(»  secui- 
iiig  some  icLiulaf ions  in  reuard  to  the  seals  in  lierinn  Sea.  France, 
•lapan,  jtid  i.'nssia  replied  with  lan;:nid  inditfeience.  (ireat  livitain 
never  replied  in  writing,  (b'rmaiiy  did  not  repl\  at  all.  Sweden  and 
Norway  -aid  the  matter  was  of  no  interest  to  them.  Thus  it  will  be 
again.     Such  a  proposition  will  postpone  the  matter  imlelinitely. 

The  Presideni  regards  L(U(1  Salisbury's  second  leserviilion,  therefore, 
aa  a  material  change  in  tiie  teriiiM  of  the  arbitration  agreed  upiui  by 
this  (Joxeinmeni  :  and  he  iiisti  nci  ne  to  sa\  that  he  d(»es  not  leel  will- 
ing to  take  it  into  eonsideratnm.  e  adheres  to  every  point  (»f  agree- 
Hient  whieii  has  been  made  betweei  the  two  powers,  acciu'ding  to  the 
t*'xt  which  vtm  biinislM'd.  lie  will  ^-gret  if  Lord  Salisbury  shall  insist 
on  a  siibstantiall.x  new  agreement.  He  sees  no  objection  to  submitting 
the  agreeieeiit  to  the  priiieioal  nunfitime  powers  Ibr  tln'ir  assent. but  he 
ran  not  .igi*-*' that  (Ireat  Mritaiii  iwiwd  i.lio  I'nited  States  shall  make  tludr 
aKiiju^iiM^ni  tlcpemb-nt  on  (he  ;i<rii"Miii  ol  third  parties  who  hav<'  no  direct 
imteresl  in  :  lie  seal  lisln'ri«'s.  oi'  rlut  the  settlement  shall  be  postponed 
iLUitil  tho<<H'  -;hird  parties  i^e'.;  tit  to  aict. 
1  lisiv  *i,  etc., 

JAMKS  (J.    r>I.AlNE. 


/ 


MOI)i:s    VIVKNIH    or    \xm    and    AliM'.ITUATlOX. 


iSir  Julian  L'mtiurJ'oif  to  Mr.  liliiiiii: 


311 


Bkitish  I.koation, 

Wasliiiijltoii,  Ihciitihrr  /,  IS!)1. 

Riu:  T  i'oininniiicafod  by  t«'lo<jram  to  the  >I;ir(|nis  of  Siilisbiiry  the 
siil»s(;iii('('  ol  \niir  i!ot<'  of  the  I'Ttli  ultimo,  i('S|M'('tiiiji  the  t'.vo  rt'Si'iva- 
floiis  w  liich  llrr  .Miijesty's  (Joxcrmiiciit  d(!sii('  to  iiiiikr  in  ichitioii  to 
tlic  sixth  cliiust' ol"  the  proposed  rieliiiiiji' Sea  Arbitration  a<>ieenient,  as 
stated  in  my  note  of  the  L'.'ld  ultimo,  and  1  have  now  tiic  honor  to  in- 
form you  that  I  have  re<'eiv«'il  a  reply  from  his  lordship  tu  the  follow  inj;' 
etfect : 

As  rej^aids  the  tiist  reservation  Lord  Salisbuiy  observes  that  the 
Htiiti'inent  contained  in  your  mttcthat  the  clause  h'avcs  the  Arbitrators 
free  to  deeiih'  whether  rejiulatioiis  are  needed  or  not,  assures  the  same 
en«l  as  the  projtosed  reser\ation,  which  therefore  becomes  unneet'ssary 
and  may  be  put  aside. 

With  respect  to  the  second  reservation,  his  lor<lship  states  that  it  was 
not  tlu'  intention  of  Her  Majesty's  (lovernment  to  defer  pnltin;;'  into 
inactical  exeeuti<tn  any  regulations  which  ihe  Arl»itrators  may  pr«'scribe. 
its  object  is  to  prevent  the  fur  seal  fishery  in  l>ehrin;^  Sea  from  lieinj; 
l)laeed  at  the  mercy  of  stune  third  power.  There  is  nothin;^  to  prevent 
such  third  power  (IJnssia,  for  instance,  as  the  most  neijihboiiug  nation), 
if  nni>led;>('d.  from  stepi>in<;  in  and  securing  tiie  lisiiery  at  the  \ery 
seas(»ns  and  in  tlie  very  places  which  may  be  i-losed  to  the  sealers  of 
(.Jreat  JSritain  and  the  Idited  Slates  by  the  re;iuIations. 

(Ireat  circnmsixM'tion  is  called  foi'  in  this  directicm,  as  llritish  and 
American  sealers  mi^ht  recov«'r  their  freedom  and  evade  all  rejiulations 
by  simply  hoistin;^'  tlie  tla.i;  of  a  noiiadherin;;  power. 

How  is  this  dilliculty  to  be  met  .'  Lord  Salisbury  sujij^csts  that  if, 
after  the  lapse  of  one  year  fnan  the  date  of  the  decree  of  rc;;nlations,  it 
shall  apjtoar  to  either  (lovernmt'Ut  that  serious  injury  is  occasioned  to 
the  lishery  fnun  the  causes  above  mentioned,  the  (Jovernment  coin- 
]daining' may  fiive  notice  of  the  suspension  of  the  rej^nlations  durin;^' 
the  ensuing:-  year,  and  in  such  case  tin;  regulations  shall  be  susp«'nd«'d 
until  arrangements  are  made  to  renu-dy  the  complaint. 

Lord  Salisbury  further  })roposes  that,  in  t-ase  of  any  dispute  arising 
between  the  two  (b»vernments  as  to  the  gravity  of  the  injury  caused  to 
the  fishery  oi'  as  to  any  other  fact,  the  ([uestion  in  controv«'rsy  shall  be 
referred  for  decision  to  a  IJritish  and  an  American  admiral,  wlio,  if  they 
should  be  unable  to  agree,  uniy  sidect  an  umpire. 

Lord  Salisbury  desires  me  to  ascertain  whether  some  provision  of  the 
above  nature  would  not  meet  the  views  of  your  (lovernment. 
i  have,  etc., 

Julian  I'auncki'utk. 


i  '■fM 


■■  m 


::(: 


Mr.  lUainc  to  Sir  Jiilian  I'liininfofc. 


DmI'AIM'MI.NT   nl-   StATR. 

Wiisliiuiiloii,  IhciDilnr  ..'.  tSfU. 

Srn :  T  have  attentively  read  youi'  note  of  the   Isi   instant  and  sid) 
nnttcil  it  t(»  the  I'resident.     The  ['resident  is  unable  to  see  the  dangei- 
which  Lord  Salisbury  apprehends  of  ;r  third  nation  engaging  in  t.dong 
seals  regartlless  of  the  agreement  l>et\\een  (ireat  lb  itain  and  the  I  nited 
Slate.-i.    The  dispute  between  the  two  nations  has  uow  been  in  progress 


342 


Dip;.(>ArAri<'  roHRKsroNUKxcE. 


lor  iiinrc  tliiin  live  yea  is.  Dmiiiji  all  tliat  time,  wliilc  (licat  Hritaiii  was 
nmintaiiiinji-  that  the  IMiriiiji'  Sea  was  oix'ii  to  all  coiihts,  at  any  tinu". 
as  of  right,  not  aiioth*".  lOiiropeaii  iiati«»ii  has  eiij;aj:«Ml  in  scaling;. 

A  (icrinan  v».ssj'l  oncj'  made  its  appoarancr  in  IW'rinj;  Sea,  but  did 
not  r«ttini,  bi'iuj;-  satislit'd,  I  suppose,  that  at  tin*  <;ieat  disfanc*'  they 
hav«'  to  sail,  the  (icinians  coidd  n(»t  successfnlly  onjiaj;*'  in  scaling. 
Russia,  whose  intcrfcitMHc  I-oid  Salislmry  st'cnis  to  specially  apjtrc- 
liend,  will  not  dissent  from  tho  agreement,  because  such  dissent  wttnld 
put  to  1ia/ar<l  her  own  sealing  property  in  the  Uering  Sea.  On  tln' 
contrary,  we  may  contitlcntly  look  to  Russia  to  sustain  and  sti'cngtlien 
whatever  agreement  (Ireat  lUitain  aiul  the  I'nited  Stat«'s  may  con- 
jointly ordain. 

It  is  the  Judgment  of  the  IMcsident,  therefore,  that  theapjU'ehension 
of  Lord  Salisbury  is  not  well  grounded,  lie  believes  that,  howev«'r 
the  arbitration  lietween  (Ireat  Uritain  and  the  lTnite<l  States  may  tei- 
niinate,  it  will  Im'  wise  lor  the  tv,o  nations  to  unite  in  a  note  \o  the 
princi|>al  powers  of  Kuroju',  advising  them  in  full  of  what  has  been 
done  and  conlidently  asking  their  approval.  He  does  n(»t  believe  that, 
with  fidl  explaimtiop,  any  attempt  will  be  made  to  disturb  the  agree- 
ment. If,  contrary  to  his  (ifiu  belief,  the  agreement  shall  be  disturbed 
by  the  interference  oi  a  third  power,  (Ireat  Uritain  ami  the  United 
States  (-an  act  con.joiiitly,  and  they  can  then  far  betti^r  agree  upon  what 
measure  may  be  ne<'essary  to  prev«'nt  the  destruction  of  the  seals  than 
they  can  at  this  time. 

The  President  hopes  t!iat  the  arbitration  between  Great  I'.ritniu  jind 
the  United  States  will  be  allowed  to  proceed  on  the  agr-.-i'iMcnt  regu- 
larly and  piomjitly.  It  is  of  great  conserpu'uce  to  bsih  nations  that 
the  dispute  be  ended,  and  that  n<>  delay  be  cau'W-d  by  introducing  ne 


elements  into  the  agreement  to  wliicii 
consent. 

1  have,  etc 


til   nations  Innc  given  their 


Jamks  (1.  Ulainic 


Sir  Jitliaii   I'tiiiHvcfofc  to  Mr.  lilohio. 

ISKII'ISII    lii;(iATI(tX, 
W<(Nhin</t<ni,  Par  in  he  r  ^'^^  IS!)  I.     (Keceivcd  Decemlier  1>.) 

Sir:  The  Maiquis  of  Salisbury,  to  whom  I  telegraphed  the  contents 
of  your  letter  of  the  L'd  instant  on  the  subje(tt  of  the  sixth  article  of  tin- 
proposed  liering  S«'a  Arbitration  agreement,  is  under  the  im]>ression 
that  the  President  has  not  rightly  understood  his  lordship's  apprehen- 
sion with  reference  to  the  regulations  to  be  ma<le  by  tlu' ArbMiat<MS 
under  that  article.  His  feai-  is  not  that  the  other  powers  will  icject  the 
regulations,  but  that  they  will  refuse  to  allow  the  arrest  by  Ilritish  and 
American  cruisers  of  ships  under  their  Hag  which  nn>y  engage  in  tin', 
fur-seal  lishery  in  violal'on  of  the  I'-gidations.  Such  refusal  is  highly 
])robable  in  view  of  the  Jealousy  which  exists  as  to  the  right  of  sear<'h 
on  the  high  seas,  and  the  consecpuMice  nnist  inevitably  b«'  that  during 
the  close  season  sealing  will  go  on  under  other  Hags. 

It  can  not  be  the  intenticni  of  the  two  (lOveiinnents,  in  signing  the 
proposed  agreement,  to  arrive  at  siuh  a  result. 

1  do  iu)t  uuileistand  you  to  dispute  thatshoidd  siu'h  a  stateof  things 
arise  the  agreeme.it  nnist  collapse,  as  the  two  (i(»veinments  coidd  n<»t 
beexp(M-ted  to  enforce  <m  theif  respe«-tive  natiomds  reguhiiions  which 
are  violated  under  foreign  Hugs  to  the  serious  injury  of  tiie  lishery. 


MOltrs    MVKNIH    OK    IHltl    A\D    ARIUTRATION. 


343 


I  li(»|M'.  tlioicforo,  tliiil  on  f'urtlK'r  cniisidciiitiMii  tlic  Pn'sidciit  will  rrc- 
r;:iiiz('  I  lie  importiiiicc  of  aniviii^'  at  soum^  uiHlcrstaiHliiig  of  the  kind 
;,iiMw(.stc(l  ill  my  note  of  the  l.st  instant. 
1  liave,  etc., 

Julian  rAUNOEFoTE. 


Mr.  niahw  to  Sir  'hiliaii  Pniniccjhte. 

Depaktmknt  of  State, 

W'iish'nuitnu,  hicrnihcr  KK  1!^!)1. 

Sill:  Til  reply  to  ydiir  note  of  tlie  sth  instant,  I  Iiave  the  foHowin}; 
observations  to  make: 

First.  I'jver  since  the  I'.chriii};"  Sea  (piestion  has  been  in  <lis|Mitr  (now 
nearly  six  years)  not  one  sliip  f:oin  ['"raiice  or  (icrinany  has  ever  eii^ia^-cd 
in  sealinj;.  Tiiis  atfords  a  stioiij;  presumption  that  none  will  enjja;re  in 
it  in  th<^  future. 

Si-eond.  A  still  stroiiu'er  <;roiiii(l  a,nainst  their  takiii<i'  part  is  that  they 
ean  not  alVord  it.  From  France  or  (lerinany  to  i»erin<i'  Sea  by  tin", 
saiiinj-' lines  is  nearly  1I(M>""  miles,  and  they  would  liave  to  make  the 
voya^ic  with  a  larger  ."hip  than  can  be  pioMtaltly  employed  in  sealin}^. 
They  wonid  have  to  start  from  home  the  winter  piecedinji'  the  s<'alinj;' 
season  and  risk  an  niiiisiially  ha/,ar<loiis  voyajic  When  they  reat-li  tln> 
lishiiiji'  j-ronnds  they  have  no  territory  to  which  they  conid  resort  for 
any  piirp<»se. 

Third.  If  we  wait  niitil  we  f-et  France  to  ajiiiee  that  hei-  ships  .shall 
be  searched  by  Ameriean  or  Ibitish  cruisers  we  will  wait  until  the  last 
seal  is  tak<'n  in  Behriii^-  Sen. 

Thus  much  for  I'raiice  and  (lermany.  Other  I'Jiropean  countries 
have  the  same  disabilities,  ifussia,  cited  by  Lord  Salisbury  as  likely 
to  embarrass  the  I'liited  States  and  Fn^iland  by  interference,  I  should 
rejjard  as  an  ally  and  not  an  enemy.  Nor  is  it  probable  that  any  Amer- 
iean c<>untry  will  loan  its  lla;^  to  vessels  eiijiajicd  in  violating'  the 
Itehrin^'  Sea  rejiulatioiis. 

To  slo|)  the  arl>itrati(Ui  a  whole  month  on  a  <|Uestioii  of  this  chai'^e- 
ter  promises  ill  lor  its  success.  Some  (»ther  less  important  <|U<'stioii 
even  than  this,  if  it  can  be  found,  may  pr(»bably  lie  started.  The  elVect 
can  only  be  to  exhaust  tlie  time  allotted  for  arl)itiatioii.  We  must  act 
mntnaliy  on  what  is  pmbalde,  not  on  what  is  remotely  possible. 

The  President  su}i;;ests  ajuain  that  tlw  projier  mode  of  proceedin<>-  is 
for  jc^iulations  to  be  ajiiced  u|m)ii  between  the  Fnited  States  antl  (Ireat 
ISritain  ami  tlien  snitmitted  to  the  inincipal  maritime  powers.  That  is 
an  intellijicnt  ami  intellijiible  process.  'J'o  stop  now  to  consider  tlui 
regulations  for  outside  nations  is  to  indcrinilely  postpone  the  whole 
(piestion.  The  t'resideiit,  thtrefor*'.  adheres  to  his  ground  lirst  an- 
nounced that  we  must  ha\e  the  Arliitratioii  as  already  a;;reed  to.  lie; 
sii}i';'<'sts  to  liord  Salisbury  that  any  other  process  inijiht  make  the  Ar- 
bitration impracticable  within  the  time  si>ecilied. 
1  have,  etc., 

James  G.  Ulaine. 


: 


T'\ 


344 


1  >I  l'l.(  )M  ATM  •    ( '( )I{K  i;sl'(  »N  I  >i;\CE. 


Sir  Julian  PaiiHccfotc  to  Mr.  Illtdne. 

BRIThSlI    liEGATION, 
WasliiiiiftdH,  Ihvnnhvr  I  J,  ISf)]. 

Sir:  T  liavo  flic  honor  to  iiifonn  yon  tliii^  1  ti'h'.u'Jiplit'd  to  tlio  Mar- 
quis ol"  Sjilisl)iiry  the  siil>staii('r  of  your  note  of  yesterday  rcspt'ctiiiy: 
the  sixtliartH'leofthe  proposed  IW'hriiiy  Sea  Arbitration  a^ireeiiieiit,  and 
that  I  have  reeeiv«'d  a  reply  from  ids  loi'dslii|)  to  the  f(»llo\viiij;' eiVeet: 
In  view  of  the  strony  o|)iiiion  of  tlie  Pr«'sident,  reiterated  in  your  note 
of  yesterday,  that  tliedan;;er  apprehended  l>y  I-ord  Salisbury,  and  ex- 
plained in  my  note  of  the  iStli  instant,  is  too  remote  to  justify  the  delay 
which  mijflit  be  incurred  by  •^iiardin^  against  it  now,  his  lordship  will 
yield  to  tlie  IMesidcnt's  appeal  and  not  press  for  further  discussion  at 
this  stage. 

Her  Majesty's  Goxi'rnim'iit  of  «'onise  retain  the  right  of  raising  the 
point  when  the  questi<»n  of  framing  the  regulations  comes  before  the 
Arbitrators,  and  it  is  understood  that  the  latt«'r  will  have  full  discreti(Mi 
in  tli«^  matter,  and  mayatlach  such  coiulitions  to  the  regulations  as tlu'y 
may  u  ;>r/o;'/ Judge  to  Im' necessary  and  Just  to  the  two  powers,  in  view 
of  the  <liniculty  pointed  out. 

With  tlu'  above  observations  Lord  Salisbury  has  authorized  me  to 
sign  tlu-  text  of  the  seven  articles  and  of  the  .btint  Commission  article 
referre<l  to  in  my  note  of  the  L'.'id  ultimo,  and  it  will  give  me  much  pleas- 
ure to  wait  upon  you  at  the  State  Department  for  that  purpose  at  any 
timcy<»u  may  a|)|ioint. 
1  have,  etc., 

Julian  Pauncefote. 


Mr.  Blaine  to  Sir  Jntian  Pfiioirrfote. 

DEi'AirrMf.xr  oi"  Siate, 

Wasliiiijiton,  IhiTtnlitr  //,  ISni. 

Sir:  T  have  the  honor  to  advise  you  that  I  submitted  your  note  o/ 
the  11th  instant  to  the  rresideiit.  Alter  mature  deliberation  he  has 
instructed  me  to  say  that  he  objects  to  Lord  Salisbury's  making  any 
reservjitiou  at  all,  and  that  he  can  not  yield  to  him  the  right  to  appeal 
to  the  Arbitrators  to  decide  any  point  n(»t  embra<-ed  in  tiie  articles  of 
Arbitration.  The  President  does  not  admit  that  Lord  Salisbury  <'an  re- 
serve the  right  in  any  way  toatlect  the  decision  of  the  Arbitrators.  We 
understand  that  the  Arbitration  is  to  jtrocecd  on  the  s«'ven  points  which 
are  contained  in  the  articles  whi<li  you  and  I  c«'rtify  were  the  very  points 
agreed  upon  by  the  two  (loveriinicnts. 

For  Lord  Salisbury  to  claim  the  right  to  submit  this  new  point  to  the 
Arbitrators  is  to  entii«'ly  change  the  Arbitration.  The  Presidt-iit  might 
in  like  manner  submit  several  (|nestionsto  the  Arbitrators,  and  thus 
enlarge  the  subject  to  such  an  extent  that  it  would  not  be  the  same 
arbitration  to  which  we  have  agreed.  The  I'resident  claims  the  right 
to  have  the  seven  points  arbitrated  and  i'es|)ectfnlly  insists  that  L(ad 
Salisbury  shall  not  «'hange  their  meaning  in  any  particular.  The  mat- 
ters to  be  arbitrated  must  be  distinctly  understood  befoij'  the  Arl)itra- 
tors  are  cln)seii.  And  after  an  arbitration  is  agreed  to  neither  of  the 
parties  can  enlarge  or  contract  its  scope. 


MODI \S    VIVKNDI    OF    18!tl    AXlJ    AKIUTKATION. 


;mo 


I  iiiii  pri'iKircd  now.  as  I  liavc  Im>i>ii   licrctoliDir.  to  sj;;ii  tlir  articles  of 
:i;;i'cfiii«'nt  willioiit   any  r*'sci'\ati<)ii  wliatcvci,  and  tor  that   pmiHrsc  I 
shall  1m'  ^lail  to  huNc  yon  rail  at  the  State  J)i'iiartin»'nt  on  Wediu-sday 
the  Kith  instant,  at  1 1  o'eloek  a.  \n. 
I  have,  iiU:, 

James  (1.  IIlaink. 


Sif  Jitlitdi  I'uuncr/ote  to  .1/r.  Blnluc. 

15KMTISII    IiK(iA'l'ION, 
Wa.sliiii(ft<ni,  Ihfciuhir  l'>,  IS'JJ, 

Sir:  T  have  the  lionor  to  aekiiowled^c  the  I'eeeipt  oC  yonr  note  of 
yesti'i'day's  date  in  reply  to  mine  of  the  lltli  instant,  respeetinji  the 
si};natnie  of  the  seven  ai  tieh's  of  the  proposed  ISehrin;;  S«'a  Aihitratioii 
a;;i'e«'nient  therein  referred  to. 

I  will  tiansndt  a  eopy  of  that  reply  to  the  .Maiquis  of  Salishmy  hy 
to-day's  mail,  itnt  1  l)e<;  to  state  that,  pendin-;'  his  lordship's  fiiither  iii- 
stiiietions,  it  is  not  in  my  powei'  to  proceed  to  tin- siyiiatnre  ctf  the  arti- 
cles in  «|nestio!is  as  proposed  at  the  close  of  your  note. 
1  liave,  etc., 

Julian  rAUNCKi'uTE. 


m 


Sir  Julian  I'diimrfotc  to  Mr.  lildine. 


HrITISH    Ll'.CiATIOX, 
WasliiiH/toii,  Ihrniihtr  17.  ISf)]. 

Sir:  T  have  the  honor  to  inform  yun  that  I  «'onveyed  to  the  Manpiis 
of  Salislairy  hy  tolejiram  the  substance  of  your  noteof  the  llth  instant 
respectinji'  tin-  sixth  article  of  the  pioposed  I'.ehrin;:  Sea  Arhitration 
a^jreement.  and  that  I  have  received  a  reply  from  his  loi'dship  in  tbo 
follow  inj^'  sense: 

(jord  Salisbury  is  afiaid  that,  owinji'  to  thedilheidties  incident  to  tele- 
;>°raphie  ( (unmunieations.  Uv  lias  been  imperfectly  undeistood  by  the 
President,  lie  consented,  at  the  President's  recpiest.  to  defer  for  the 
])resent  all  fuither  discussion  as  to  what  course  the  two  (iovernnu'iits 
shoidd  follow  ill  the  event  of  tiie  I'cuulations  prescrilied  by  the  Arltitra- 
tors  bein^'  evaded  by  a  chan;;*'  of  llau.  It  was  necessary  that  in  doiiiy 
so  he  should  j;uard  himself  aj;a in  .t  the  supposition  that  by  such  consent 
he  had  narrowed  the  ri;>lits  of  the  c(Miteiidiny  parties  or  of  the  Arbitra- 
tors under  tlu'  ajireeiiu'iit. 

r>ut  in  the  communication  which  was  embodied  in  my  note  of  the 
lltli  instant,  his  hudsliip  made  no  reservation,  as  the  I'resideiit  seems 
to  thinU,  nor  was  any  such  wor<l  used.  A  reservation  would  not  be 
val  d  unless  assi'iited  to  i>y  tlu-  other  side,  and  no  such  assent  was 
asked  for.  Lord  Salislmry  entirely  a;;rees  with  the  TresicU'iit  in  his 
objection  to  any  point  beiiijn  submitted  to  tlu'  Arbitrat(us  which  is  not 
embraced  in  the  a^ieement:  and,  in  conclusion,  his  lordship  author- 
izes me  to  sijiii  the  articles  (»f  tin.'  Arbitration  a;;;reeiiu'nt,  as  proposed 
at  the  close  of  your  note  under  re])ly,  whenever  you  nniy  be  willing  to 
do  so. 


I  have,  etc. 


Julian  PAUNtEroTE 


f;;i 

'-'1        M 


u 


34G 


DIl'I-OMATIC    ('(tKin>10M»K.\{.M': 


Sir  Julian  VKunvtfoic  to  Mr.  /Uainc. 


IMJI'I'ISII    lilUJATION, 

Washington.;  />.  <'.,  Ihvcuilnr.io,  JSf)f. 

(I{('<'0iv«'(l  l)»H*eilllltM'  ."»().) 

DkaR  Mk.  T?T-A1NK:  Oh  tlie  22(1  iiistaiil  1  tclcfjiiipluMl,  iis  yoiMlr 
sired, to  Loid  SiilislHir.v,.v»»ursuj'j>esti«>iis  tliiit  llio  iiiiiiilK'rol'Aihitrators 
on  (lie  Jioliiiiij;  Sea  tribunal  slKnihi  be  rediu-cil  IVom  sevi'ii  to  live  Ity 
liiuitiii^'  tiie  n'prest'ntaflfcm  of  oui'  respet-iive  (lovt'riiiiH'iits  t<»  one  eacli, 
in  view  ol'tlu"  afiin'Uieiit  tlnit  lliere  should  be  three  tbrei<;n  Arbitrators 
besides  those  a|>|)ointed  by  (ireat  IliltuJii  an<l  the  I'nited  States. 

Last  nijrht  I  reci'ived  Ids  l(»rdship"s  reply,  which  is  to  the  etlecf  that, 
looking'  at  the  importance  and  variety  of  the  (piestions  involved  and  to 
all  the  eireunistiinces,  Hei-  Majesty's (l(»\ernnient,  jil'ler  mature  consid- 
eration, are  not  pre])ared  t<»  consent  to  bein^i'  r<'presented  on  the  tribu- 
lUil  by  less  than  two  Arbitrators,  Lord  Salisbury  hopes  tlu'iclbre  that 
you  will  be  ready  t<»  proceed  in  accordance  with  the  arrangement  at 
which  we  arrive  on  the  Kith  ultimo,  nanuOy,  that  the  tribunal  shall 
consist  of  seven  Arbitiators,  ol' whom  our  respective  (lovernments  shall 
a])point  two  each,  and  the  other  three  shall  be  ap])ointed  by  foreign 
(Jovernments  to  be  selected  tor  that  purpose.  All  seven  Arbitrators  to 
be  Jurists  of  repute  ami  the  three  foreiy;n  ones  to  umlerstand  the  Eng- 
lish languane. 

1  remain  yours  very  truly, 

Julian  rAUNCEFoxji. 


Sir  Julian  PamueJ'otc  to  Mr.  Blaine. 

Lkitisii  Lkciatfon, 

Wnnlii.if/ton,  >lanii(irif  HI,  lSf)S. 

Dear  Mr.  Blaine:  I  have  Just  received  a  teleyram  to  theetlect  that 
Sir  (I.  Baden-Powell  leaves  Liverpool  this  da.\  by  the  Etniri<t  lor  New 
York,  whence  he  will  proceed  to  Ottawa  for  a  few  days,  and  then  c<»me 
to  Washington  with  Dr.  Dawson.  They  lioi»e  to  be  here  on  tlieL'JMh 
instant. 

Believe  me,  yours,  very  truly. 

Julian  I'AUNCEroTK. 


Sir  Julian  Panncc/ote  to  Mr.  Ilia  inc. 

IlRiTiSH  Legation, 
Washinifton^  January  :il,  ISO!:. 

Sm:  Tlmve  the  honor  to  inform  you  that  immediately  after  my  in- 
terview with  you  on  the  loth  instant  in  re;;ard  to  the  countries  who 
are  to  name  the  Arbitrators  in  the  Lehring  Sea  controversy,  1  ^^elegraplu'd 
to  the  Marquis  of  Salisbury  that  you  did  not  insist  Jij-on  the  know  ledge, 
of  English  by  the  Arbitrators  r-s  a  condlti()n,  but  merely  as  a  desirable 
qualification. 

1  have  now  received  a  telegram  from  his  lordship  stating  that  Her 
Majesty's  (loverument  accei)t  your  proposal  that  the  Arbitrators  shall 
be  chosen  by  France,  Italy,  and  Sweden. 
I  have,  etc., 

Julian  Pauncefote. 


M(Ji)rs  vi\i;ni([  ok  wn  and  auiutration. 


347 


Sh'  >htliait  I'aiotcrfof'    to  ,Ur.  filaine. 

Mritisii  Leoation, 
\Vti.sliiu(itoii,  Jdninirt/ :{(),  lf^92. 

Sir:  All  tlio  <U»tiiils  oltlic  lU'liiiny  Sea  Arbitiation  liavinjj  now  Ix'cii 
liiiallv  sjitth'd  l»y  tin-  uiHlcistaiKlinj;-  arrived  at  as  to  tin*  <iovoriiiiH'iits 
who  shall  hv  iiivilcMl  to  srh-ct  lln'  three  torei},ni  Arbitrators,  I  have  the 
honor  to  reijiiest  you  to  \w  >^om\  enon<;h  to  iiilbrni  ine  whether  you  are 
prepared  to  proceed  at  out-e  to  the  prepaiation  and  sifjnature  of  the 
loiinal  Arl»itiation  convention  and  oftlie  .loint  (Joinnnssion  a;;reenient, 
in  accordance  with  the  text  of  the  articles  to  be  inserte<l  therein  which 
was  sijiiicd  by  us  on  (he  ISth  l)ecend>er  hist. 
1  have,  etc., 

Julian  Paunoefotb. 


Mr.  Jilnine  to  Sir  Julian  Pauncc/ote. 

Di.VAUTMKSr  OF   STATE, 

Witsliiiijffim,  Fchruanj  /,  11^02. 
Si  If:  T  have  the  honor  to  acknowled;;e  the  rt'ceipt  of  your  note  of  the 
.'ioth  idtinio,  in  wliich  you  refer  f<»  the  settlement  which  has  been  reached 
in  completion  «»f  Ihe  details  of  the  Heliiin;;'  Sea  Aibitration,  and  impure 
whether  1  am  prepar<'d  to  prtx-eed  at  once  to  the  pieparation  and  sijj;- 
iiatureof  the  formal  Arbitration  convention  and  of  tli«' .loint  Com  mission 
a;;reemeiil.  in  accordance  with  the  text  of  Ihe  articles  to  bo  inserted 
theiein  which  was  si^iiicd  by  us  on  the  ISth  December  lasl. 

In  rcj)ly  I  have  the  pleasure  to  hand  yon  a  <'opy  of  the  text  (»f  the 
Arhitratiou  convention,  iuclndin;;'  the  text  of  the  .loint  Conimissioii 
ajifreement,  as  a.nree<l  upon  in  confeiences  held  since  the  ."{Oth  ultimo, 
and  I  am  instru<-ted  by  the  l'resi<ient  to  say  that  I  h<dd  myself  in  readi- 
ness to  meet  you  Ibrthwith,  in  order  that  we  may  at  once  proceed  to 
the  sij;njiture  of  said  convention. 
1  have,  etc., 

James  G.  Blaine. 

Mr.  Blaine  to  Sir  Julian  Paunccfote. 

Department  of  State, 

Wasliiiii/ton,  Frhruarif  I.  1/^92. 


I 
I 


34R 


liII'I,()MAI'I(     roKUKSPONltF.NCr,. 


Imt  iil'tcr  I  sliiill  he  (iMiriiilly  iHl\  isf<l  l»y  ,\  on  of  llic  ii|>|K»iiitimMif  ((("('oin- 
iiijssi(»ii(>rs  nil  the  piii't  of  till-  lii'jtisli  (iovcriiinciit,  tlir  ('(>iiiiiiissioii<>rs 
i>n  the  pint  of  tlu'  I'nittMl  Statos  will  liolil  tlit'insi-lvt's  rt'iidy  to  coiifn- 
iiifoniiiilly  with  their  iWitisli  collcii^iics  at  such  tiiiii>  as  may  suit  their 
uouveiiieiice. 


uouveiiieiice 

1  have,  ete., 


Jamks  G.  Blaine. 


Sir  Jvlitiu  I'mmcvfoiv  to  Mr.  Illaine. 

HiuTisii  Legation, 

W'tishhiiitou,  Ffhriiarj/  11,  !>'!)?. 

Sll?:  1  liave  the  hoiuu-  toackuowled^ic  the  receipt  of  your  uote  dated 
February  4  (but  only  delivered  yesterday  evenin^i),  iu  which  you  iiitbrni 
v.\G  that  tlie  l*i'esi(h'iit  has  appointed  Mr.  Meudeuliall  and  Mr.  Merriaiii 
<'oiiiniissioners  on  the  part  of  the  (loveiiiiiieiit  of  tiie  United  States  on 
the  .loiiit  ('oininission  ther<>iii  refeired  to.      ^ 

Sir  (leorfic  IJaden  Powell  and  I'rofcssor  Dawson,  whom  I  had  the 
lionor  to  present  to  you  on  the  1st  instant,  have  been  duly  ap|)ointed 
('ommiswioners  on  tln^  |>art  of  Her  Majesty's  (Jovernnient,  and,  as  I 
liave  alread.N  stated  to  you  verbally,  they  sire  fiiiiiished  with  their  cre- 
dentials in  due  form. 

On  the  l.'ith  ultimo,  at  your  rei|Uest.  1  communicated  to  tlu^  Manpiis 
of  Salisbury,  by  tek'j;rapli,  your  di'sirc  that  the  llritish  ( 'onniiissioners 
.should  proceed  at  (Uiceto  \Vasliiii<;ton.  .\ccordinjnly  Sir  (leor^ie  lladeii- 
Powell  left  l^njiland  for  thai  purpose  by  the  lirst  steamer,  and  arrived 
here  with  I)i'.  Dawson  (»ii  the  ist  of  the  month.  They  have  bci'u  wait- 
Hiji' evei- since  to  be  placed  in  communication  witli  the  I'liited  State.s 
C'ommissi(»ners,  and  I  trust  that  arran<>'emeiits  will  bo  made  for  the 
nu'etinj*"  of  the  (Commission  on  Monday  next  for  the  purpose  iiidi«*ated 
in  the  last  paraj;ra|»h  o(  your  note  under  reply,  althou;>h  the  IJritisli 
(.'ommissioners  came  prepared  not  for  an  informal  ccmference,  but  to 
proceed  oUicially  to  business. 
1  Lave,  etc., 

Julian  Pauncefotb. 


Mr.  lilame  to  Sir  Julian  Painirc/ote. 

Department  of  State, 

Waslunfitoii,  February  fl,  1892. 

SiE:  I  am  in  receipt  of  your  note  of  this  date,  in  which  y(Ui  }j;ive  me 
the  otlicial  notiiication  of  the  appointment  of  Sir  (leorge  IJa^len-i'owell 
and  Professor  Dawson  as  Commissioners  on  the  part  of  the  British 
(ioverniiH'nt  on  the  .loiiit  Commission  created  in  view  of  the  jjroposed 
fur  si'al  Arbitration. 

In  acknowledjiinji-  your  note,  1  deem  it  important  to  direct  your  atten- 
tion to  the  fact  that  tin'  (lovernnient  of  the  United  States,  in  nominat 
inj;  the  Commissioners  on  its  part,  selected  pentlenuMi  who  were  es])e- 
eially  fitted  by  their  scientilic  attainnuMits,  and  who  were  in  nowise 
dis(pmliti«Ml  for  an  im)>artial  i n vest i •nation  and  determination  of  the 
questions  to  be  submitted  to  tlu'in  by  a  public  de«'larati(m  of  opinion 
previous  or  subseipient  t(»  their  selection.  Ft  is  to  be  regretted  that  a 
similar  course  does  not  seem  to  liav«'  been  a<lopted  by  the  British  (tov- 
ernment.     It  a])pears  from  a  document  which  ytui  transmitted  to  nie, 


M<)l)r>    VIVKNDI    or    l^Dl    AMI    AlilSllKATION. 


349 


under  (liifc  nf  Miirrli  !>,  |S!»(>  (inclnsiirr  I),  tliiit  one  of  the  liciitli'iniii 
sclt'rtcd  by  your  <io\  (>niiiH'iit  to  iict  as  a  ( 'oiiiinissioiicr  on  its  |»art  lian 
iiilly  coiiiiiiittcil  liiiMscIt' in  a<ivan<'<>  on  all  tlio  (|Ut'stions  which  arctolu' 
siilMnittcd  to  hiiM  lor  in\  (■s|i;^ation  and  derision. 

I  am  t'lirtiier  inlornied  that  the  other  •>'entleniaii  named  in  your  not(^ 
had  i>n'viou.s  to  his  selection  made  public  his  views  on  tlie  subject,  ami 
tliat  very  leccntly  he  hasanncuiiiced  in  an  address  to  his  Parliamentary 
constiliu'uts  that  the  result  of  the  invi'st  ijialion  of  this  ( 'ommission  and 
of  the  |)ro|)os(>d  Arbitration  woidd  be  in  favor  of  his  (iovernnicnt. 

I  trust,  howexi-r.  that  tlics(>  circuin>taiu',es  will  not  iin|)air  thccandid 
and  impartial  invcstijfation  and  determination  which  was  rhc  object 
had  in  \  iew  in  the  creation  of  the vyommission,  ami  that  the  result  of  its 
labors  may  ;;reatly  promote  an  »'(piitable  and  mutually  satisfactory  ad- 
justment of  the  <iuestioiis  at  issue. 

The  ( "ommissioneis  on  the  part  of  the  I'nited  States  have  been  in- 
structe<l  to  put  thenjsehes  in  communication  with  the  British  Commis- 
sioners, to  teudei  them  an  apartment  at  t lie  Department  of  State  for  the 
joint  coidercncc.  and,  if  it  sliall  suit  llieir  convenience,  to  a;;rce  with 
tlu'm  upon  an  hour  for  their  hrst  eoiidrence  on  Monda.N  next,  the  stli 
instant. 

It  is  proper  to  add  that  when  I  indicated  to  yon  on  the  l.'Uh  ultimo 
that  the  Urilish  Commissiomr,  tin  i  in  L<»ndon.  mi^ilil  conu'  at  once  to 
\Vashin;iton,  !  sup|>osed  wc  should  l»cfore  this  date  have  sij^ned  the 
Arbitration  convention,  and  tlius  have  enalded  the  ("ommissioneis  to 
pi'oeeed  olliciallv  to  a  discliarf'-e  (»f  their  duties.  F'.uf  as  it  beeanu'  nee 
essary  to  await  theap|iroval  of  the  draft  of  tliat  instrument,  which  you 
have  forwarded  to  Tj(Uidon.  I  ha\(>  iiitci  posed  no  oltjection  to  |>reliudnary 
eonferences  of  t iu'  (Jommissioneis.  anticipating  the  signature  of  the  ctm- 
vontion  within  a  very  brief  period. 
1  have,  etc., 

JAMKS  (i.    I'.LAIN'E. 


Sit'  Julian  rauncej'ote  to  Mr.  Itlaine. 

JJinnsii  LK(iATi<)N, 

Wash i Ill/toil.  I'chrnitry  s,  ls;>x>. 

SlU:  T  have  the  honor  to  aidcnowled^^e  the  receipt  of  your  note  oi' 
the  (ith  instant,  in  u  iiicli  you  observe  upon  the  selection  nnnle  by  oui' 
respective  (lovernments  of  the  mendiers  of  tlu'.Foint  Connnissioii  which 
is  about  to  8"'  it  Washington  for  the  purpose  of  investi^atin;^  and  ic 
jMUtinj;  ui»on  the  fact-.  ha\  in;;'  relation  to  seal  life  in  liuhrin;;'  Sea  with  a 
view  to  the  proposed  Arbitration. 

The  second  parayiaph  of  your  note  contains  the  followinj^  i>assa}:te: 

I  (Ici'iii  it  iiiipni  taut  to  dirt'ct  yiiiir  Mlti'iitioii  tit  the  fact  that  tin- 4M>vcniiiii'iit  dC 
tlif  I'liitiMl  Stal<-s,  in  iiuiiiinatiii^  llir  ('((iiiniis.sitiiicrs  on  its  ])art,  .st^irrti-d  ;>;ciitlt'ni*'n 
wliii  wrrc  csiiiiiaily  lit  led  l)y  llicir  srimlilic  atlainnicnls  and  wlm  witi-  in  now  isi- 
disi|nalili('d  i'or  an  ini|iai'tial  hiM'st i;;at ion  or  dt'tciniinalion  of  tin-  iincslions  to  li<- 
sniiinitird  to  lln-ni.  Iiy  a  pnMii' d(-rlarat  ion  of  o|ijnion  pi'rvions  or  siil>st'i|ii<'nt  lo 
tli<-ir  Hclci'tion.  It  is  to  lie  r<-;;'i'«>l  tfd  tliat  a  similar  iMiiirse  docs  not  Hccni  to  liavr  Imtii 
ai!o|ii('d  l),v  tlu'  Iti'itif^li  (io\  iriiincnt. 

While  I  have  much  pleasure  in  conoratulatinj;'  your  (lovernment  (Ui 
havin*;'  secured  on  their  side  the  services  of  two  su«di  distin^^uishcd 
.licutlemen  as  I'rof.  Mendcniiall  and  Dr,  Ab-rriam.  I  must  express  iii.\ 
surprise  and  reorct  tliaf  you  should  have  tiiouoht  lit  to  refer  in  terms 
of  disi»araoeiiiciit  to  the  choice  made  by  Her  .Majesty's  (tovernnM-nf. 

The  lirilish  CiHiimissioners.  Siidcorye  liadeii  rowcll  and  l>r.   I>aw- 


%t 


n' 


(I 


350 


DII'LUMATIC    COUir.SI'nN.iilNCE. 


sitii.  iiro  !jf('iitl<'!ni'ii  wIuhc  scii  iitific  Mtliiiiimciits  iintl  spcciii!  t|iia]in<'ii- 
titiiis  lor  tlu' tliilics  iiil  lusU'd  t(»  t  linn  arc  loo  wt^ll  known  to  i't'«|nirc 
nn.v  \iniliration  on  my  p.irt.  lint  yon  complain  of  the  tact  tliat  Dr. 
Dawson  in  ISiH»  wiolc  a  paper  on  tlic  jaolcction  of  tlic  I'nr  seal  in  the 
North  l*a«'ilic  in  which  he  committed  hinisell'  to^-crtain  views.  This 
shows  that  he  has  made  this  snhject  his  special  study,  ami  it  appears  to 
inethat  he  is  all  the  more  tpialilicd  on  that  account  to  take  part  in  the 
laltors  of  the  .loint  Commission,  which,  I  l>c;>' leave  to  point  out,  is  not  a 
board  of  arbitration,  but  one  of  investi;;ation. 

Dr.  Dawson's  note  on  the  fur  seal  to  which  you  refer,  was  un'rely 
based  upon  sn(di  published  material  as  was  at  thetime  availahic,  and  I 
lisive  his  authority  foi'  statiu}"'  that  he  does  not  feel  himself  in  any  way 
bound  to  the  opinions  expressed  from  the  study  of  that  material,  in  the 
li^ht  of  subsequent  personal  investigation  on  the  ground. 

You  likcwisecomplaiu  that  Sir  (leor;>«' IJadeu  Powell  had,  previ(uisly 
to  his  selection  as  Commissioner,  made  public  his  views  on  the  subject, 
aixl  also  that  he  is  reported  to  have  stated  in  an  address  to  liis  parlia- 
inentry  constituents  that  the  result  of  the  Investijiation  of  the  .b»int 
l*ommission  and  of  the  proposed  Arbitration  would  be  in  favor  of  his 
<Iovcrnmeiit. 

Sir  (lcor<;e  lladeu-I'owell  is  particularly  ipialiflcd  to  take  part  in  the 
iiupiiry  by  icason  of  his  personal  iuM'sti^^ation  into  tiu'  industrial  part 
of  the  (pu'stioii,  w  hich  he  pursued  in  ISS7  and  lSSt»  in  San  Francisco 
and  Ibitish  Cobnubia.  I'^rom  the  first  he  has  advocated  in  all  his  pub- 
li<' statements  a  lull  inipiiiy  into  the  facts  of  seal  life  in  rici'in<:'  Sea 
belbr*'  any  liiial  a/iicenu'iit  should  beaiiived  at,  in  older  that  the  vi«'ws 
((fall  parties  should  hv  tested  as  to  the  ln-st  metluul  of  pi(»tectin;;  seal 
life.  Tlu're  is  no  Just  ground,  theielbre,  for  chai'^jin;;  him  with  partial- 
ity. As  rcjL^ards  the  lan<>ua;:('  im])uted  to  him  on  the  occasion  of  an 
addiess  whicli  he  recently  delivered  to  his  coiistitu<'nts  in  i<iU<;iand  on 
the  laboi-  (pu'stion.  it  appears  that  some  intioductory  remarks  in  which 
lu^  referred  t(»  the  IJclnin^i-  Sea  question  were  inaccurately  reported. 
What  he  did  statt'  was  that,  thaid^s  to  the  arran^^ement  arrived  at  be 
twccn  the  two  CloNcrnmcnts,  the  ISehrinj;  Sea  dilliculty  would  now  be 
settled  in  the  true  interests  of  all  ('onct'rncd  and  not  of  any  om'  side  or 
the  other. 

I  may  nu'iition  that  the  oi)inions  of  Prof.  IMendcmlall  and  Dr.  Mer- 
viam  on  the  fur  seal  ipiestion  wcie  published  in  several  Journals  in  Jiis 
«'onntry  shortly  after  their  return  from  ISehrin^i'  Sea,  and  wen'  stated  (I 
know  not  w  ith  what  accuracy)  to  be  opposed  to  tlu'  views  which  have 
been  ui'j;ed  on  the  side  of  Ib'r  Majesty's  (Joveiiimerit. 

Hut  I  «lo  not  su^fi'cst  that  the  I'nited  Stat«'s  Commissioners  on  that 
account  ai'c  discpmJiticd  from  takiii;^  part  in  the  lab(n-s  of  the  doint  Com 
mission.    I  claim  that  all  tiie  Commissicuers,  Ibitish  and  American,  ar<^ 
equally  entitled  to  the  contidence  of   both    (iovcrnmeiits,  as  men   of 
science,  luuior,  and  impartiality. 

The  course  which  has  Ih'cu  adoj>ted  for  ascertain inj;' what  measui'es 
may  be  ne<'essary  tor  the  protection  of  the  tur-seal  species  is  substan- 
tially the  same  as  that  which  I  had  the  hiuutr  t,;  jfroposc  to  you  «>n  be- 
half of  Iler  Majt'sty's  GovernnH'ut  lU'aily  t\\i>  years  ajjfo  in  the  tbrm  of 
a  draft  convention,  inclosed  in  my  note  of  A]nil  I'll,  is'jo. 

1  rejoice  that  the  prop«Ksal  1  then  made  is  now  to  be  carried  out,  and 
1  cordially  unite   in  the  hope  e\)»ressed   in  your  note  under  rcjdy  that 
the  residt  of  the  labors  of  the  Joint  Commissitm  will   promote  an  equi- 
table and  mutually  satisfactory  adjustment  of  the  tiucsticms  at  issue. 
1  have,  etc., 

JULIAN    I'AUNCEFOTE. 


MoDITS    ViVKMH    OF    IH!»2. 


351 


CORRESPONDENCE   RELATIVE   TO  THE  MODUS  VIVENDI  OF  1892. 

Mr.  Jtlainc  to  Sir  'lidiiin  I'liiinrr/otv. 

Dki'm.'tmknt  of  Statf, 

]V»i.sliintflnti,   FilniKirii  !>,   is!);'. 

SiK:  I  liavc  IxM'ii  iiirMiiiKMl  Ity  tin*  Aiiicririiii  sf;il  ( 'oiiiiiiissioiin's  tliiit 
ill  :iii  iiilMniial  iiiccliii;;  w  itii  tlicir  ISritisli  ntllrii^iK-soii  ycstcrtliiy  tlic  liif 
l«'i'  ('\|»r«'ssc(l  ill!  uii\villiii;iii<'ss  to  t'litcr  upon  cniircroiMrs  of  niiy  ollici' 
tliiiii  an  oniciiil  rliai-iu-tcr,  anil  tlicy  tlicrrloie  |n'opos«><l  that  tli«>ii-  joint 
ronlVrciHM's  he  iMf-tpunciI  until  alter  tlic  Aihitration  convention  sliall 
liave  been  si<>iM'(l. 

I  In-;;  to  slate  to  yon  that  the  (lovernnient  of  tlie  I'nited  States  is 
veiy  anxious  to  expedite  as  ninrii  as  possiltie  liie  eonsitieration  of  tlie 
important  tpiestions  snitnn'tteil  to  theConiniissiontMs.  ami  in  \  iew  of  the 
faet  that  it  i'e;;'ai'ils  tlie  Arlwtiation  eoiivention  as  sniistanlially  a^ieeil 
upon,  the  American  rommissioneis  iiave  iteen  instinrteii  to  nmke  known 
to  tin*  liritisli  (Jommissioneis  their  readiness  to  formally  arrange  th<^ 
Joint  eonfereiM'e  and  proceed  withont  further  delay  to  the  discinu j^o  of 
tluMluties  assijiued  to  them. 
1  have,  etc., 

James  (1.  Hlaine. 


Sir  Julian  VauHvcJ'otv  to  Mr.  lUaine. 

liinilSlI    liKOATION, 
Woshiiijitim,  Frinitari/  II,  tS!H\ 

Sir:  I  had  the  honor  to  receive  yesterday  your  note  of  the  {Mh  in- 
stant, in  which  ycni  state  that  y<Mi  have  been  infoinied  l»y  the  Ann'ri<-an 
seal  (lomniissioners  that  in  an  informal  meeting  with  tlieii'  liritish  col- 
leagues on  t h«'. St h  instant,  the  latter  expressed  an  nnwillinjiuess  to  enter 
upon  conferences  of  any  other  than  an  otiieial  character,  and  they  theie- 
fore  proposed  that  their  Joint  conferences  be  postponed  until  after  the 
Arbitration  convention  has  been  sijiued. 

The  Uritish  <  '<»mmissioners,  to  wlnun  1  communicated  your  note,  have 
infoiineil  me  that  at  the  piclindnary  confei'cnce  of  the  (Jommissioneis 
on  the  Sth  instant  they  discussed  with  tlu'ir  collea<«ues  what  woik  of  a 
I>reparatory  chaiacter  could  lie  ;iot  tlirou;;li  at  once.  The  nu'etiiij;  was 
informal,  according;  to  the  -onditions  laid  down  in  the  last  para;;raph 
in  your  not*'  to  me  of  the  ttli  instant,  and  it  was  arran^ied  by  tln'  four 
('oinmission<'rs  to  hold  a  second  pieliminary  confeicnce  this  day  at  the 
State  Department  at  •>  o"<dock,  at  wlii«'li  they  could  discuss  certain 
matters,  which  they  had  undertaken  to  e(»nsidei'  in  the  interval,  and 
other  preparatory  woik. 

In  consequence  of  your  note  of  the  i(th  instant,  the  Uritisli  ('ommis- 
sioners  hope  at  the  c<»nfeience  to  day  to  arran;;e  with  their  eolleanues 
that  the  Joint  conference  shall  pntceed  to  busiiu'ss  formally. 
1  liave,  etc., 

Julian  Tauncefote, 


M 


352 


i»ii'i,»)M  \ri(    (••Jiii.'r..si'<»Nin;N<K. 
Mr.  lilaiiu  to  Sir.hilian  I'o inwrMe. 


17  IVlAJWSOW   Ptjack, 

WiLsliiii'iloii.  f-'ilnKiirtf  /'.'. /'^"'A 
Mv  DkAU  Sli;  .ll  I.IAN:  'I'lu-  iiiwffivt'  yon  lisi  >  ;il\v;i\s  iiiii<Ml  ii|miii 
1110  lii»r  iissniililiiii;  lli'-  <  oiiimissiitiMM  >  on  s«'iil  lixitric-  ul  :in  ciiilv  lijilc 
Wiisflijil  lln-yconM  pntviili' m  ihdhhs  mi  nili  lUn[  wnnld  In*  >nl1itM'nl, 
wliilr  tlir  Ailnlinlinn  .slmulil  ;^i*  ou  w  iili  piciit.v  ••!  linit'  in  mnsidn  ilir 
Viiriuiis  ixiitits. 

5  \v;is  sill  piist'd  to  ln';ii-  tli.il  yoiii'  ("ominissifWMTs  ycstordiiy  docliiH'd 
to  ilisiwss  \Uv  iiiiiilits  rirnnli.  tt\]  \\tf  .\l\v^A\in\\  lliiii  llial  Wiis  ;i  snl>j<'<'l 
rrst-rvt'd  lor  you  and  iiu  .  Tins  jmiIs  an  entirely  new  |ii«iia.s<>  upon  the 
work  of  till' roinmissioii  and  laijit'i\  diininisheN  iisNainie.  Will  yon 
have  the  iidodness  lo  ad\  ise  ine  «!  tlu'  pieeise  srM|te  ot  the  work  whieh 
yon  assi;;iied  to  your  ( 'oinniiKsionersf 
Very  truly,  yours, 

.Iamks  G.  Blaine. 


Sir  Jiilitiii  I'miiicr/otf  /»»  Mr.  tlUfiiiH: 

I'.ian.iii  iii:(;Ai'T()N, 

Wtixhiiiiilini.    I      h'thridni/,   IsftJ. 

Dkak  Mil.  lU-AINl'',:  In  reply  Ic  \(Hir  letter  ol  \.-MMda,\ .  I  Itey  tostate 
tinit  in  ni,\  opiniiui  the  British  Couiniissionei  <  aiv  i'i;ttit  in  hohliii;;  that 
they  have  no  power  under  their  present  iiiandal*- li  diseus>  tin'  <pies- 
t ion  ol  a  )»»»'/*/«  rirriKli  tor  the  next  lisheix  seafwim  llieir  authority 
is  liinite<i  'V  the  terms  nl"  the  .loint  <  tMninission  a:;::  "eiiieiit  whieh  wi* 
Ni^'lietl  OH  lii<    JStli  of  I  )«>('eiiil>er  la<st. 

'That  airIiU»irity  is  eontiiied    In   leporfin;!:    tlirir  \  k-w  -  on  what    lishery 

I'l  uiiiatio  ■  -    1      1  perniaiieiit  eharaeter  nu\    Im-  neeer+warv  with  a  view  lo 

a'    11     ilioii.      ;  he  tpiestion  of'a  inixiiis  m-rniii.  pendiii;:  the  result  ot  the 

ation.  »►  »>ne  lor  the  two  <io\e'nBi*-iil.v  lo  di»i«-iw««.      I   have  rer 

III  -  an  additional  reason  koir  i  lu' early  iiieeiin;.;  of  tin' .loint 

^-  '  lat  its  H'piM's  would  riimish  valnaUh-  inaii»'rials  lor  sneh 

«ii><  ii-~»ion:  i«irt  it  ean  hardly  We  ronir.«nided  tliur  the  <  oiMMiissioners  can 

|r  'v  •'*'*»  \vit\\  siieli  a  tpiestion  wirhonl  special  anth""  iiy  from  tli*-ir 

I ,  iv«-  t«»v  ••fiimenls. 

1  •^•minniM<-:ii*'d  in  Lord  Salisliii!".   tlie  |U'oposal  yon    ituide  to   hk 

'  'hi    j:|  instant  that  nini  two  (Inv  ernment^  sinuild  a;zi— t- 
>1  1  am  awailiikg  uis  lordship's  rcpl.. 
1  aaaaik.  •'!• 

.It  1,1  AN    r^aiSC'EFdTIL. 


Sir  -  iditnt  I'an-xi  ioTi'  in  Mr.  Hhiiiir. 

HUITISH   liK<iATrON, 

Wosliliifitnii,  Fehniiufi  l:i.  /S!)2. 

Sir:  With  referent-f-  to  your  note  of  the  Itli  instant  inclosing;  ,\  ro|>y 

of  the  (Iratl  nl  the  proposed  lielirin^  Sea  Arl>.tratinu  eon\  entiiui.  I  have 

the  honor  to  iiiiorin  you  that. as  previously  arranji<'d  between  us,  1  trans- 

uiitted  ;i  copy  of  the  4!riift  by  the  mail  oi  the  (ith  instant  to  the  Marquis 


Moms  vi\i;nim  hi-  ixwj. 


V}3 


Oi) 


ot'SiilislHin  I'lii'  i!i«-  :i|i|M'i)\  ill  of  llcr  Maicsly's  ( ioNt'itiinciit,  iiiid  lli:it  I 
aiii  iiwaitiii^  Ins  loidsliip's  iiisiriictiniis  Iti-jorc  protMrdlii^  rintlicr  in  the 
iiiattt-r. 

I  liave,  titc-., 

Julian  l*AUiS('KFOTE. 


iSir  Jiilitiit  P<tiinc(fi>tr  to  Mr.  Illainv. 

IJi.'i .  isii  I,i;(iA  rt(»x, 
}y(i.sliliHiloii.  riliniitrii  /'/,  /v/;'.     ( IJccrivcd  l''('l»iiiar.v  L'O.) 

SiK:  On  llic  occasion  ul' uiic  intcix  icw  on  tlic'Jd  inslani,  when  you 
iianiU'd  nic  thcdiat'l  of  (lie  Mclii'in<^  Sea  Ailalration  convention,  \vlii<'li 
I  lorwardcd  to  Lomlon  lor  the  consideration  of  llcr  Majesty's  (iovein- 
iiieiit.  .\  oil  asked  me  wlietln'r  they  were  |Mc|iared  to  a^ree  to  a  •'  ihihIus 
rin-iiili"  for  the  next  lishery  si'ason  in  ilclirinj^  Sea.  In  transniiltin;; 
the  draft  of  the  Arhitration  eonv»'ntion  to  the  Martpiis  of  Salishniy  I 
did  not  fail  to  infoiiii  him  of  yoni'  in<|(iiry,  and  I  lia\c  now  recei\<>d  a 
reply  trom  his  lordship  to  t  !i  ■  ('tlecJ  that  ller  .Majesty's  (  oncrnment  can 
not  express  any  opinion  on  the  subject  until  they  know  what  "■motlii.s 
ririntii"'  yon  desiie  to  pro|»ose. 
i  Lave,  etc., 

Julian  J*aun(Jefote. 


Mr.  lihdiic  to  Sir  Jiilitiii  Pmtmnfotc. 

Dki'aktmknt  <)!•  State, 

I \ 'ash  ill  11  to II ,  Fchriui rif ;.'  /,  js^2. 

SiK:  I  am  in  recei|»t  of  youi- favoi' of  the  l!)tli.  V(»n  therein  inform 
nu-  that  liord  Salishury  can  not  express  any  opinion  on  the  suhject  of 
the  niotliis  rirniili  until  he  kn(tws  what  we  desire  to  propose. 

I  am  ^lad  to  lieai'  that  Lord  Salishury  coMtemplates  a  nioiliis;  for  it 
is  ol)\  i(»us  that  it  is  im|Missil)lc  t(t  eoncluile  the  Arhitrati(m  within  tlu^ 
tiim- originally  set.  Indeed,  we  shall  hardly  he  able  to  entei  upon  it. 
The  delays  ha\e  lieen  much  "greater  on  the  part  of  (Ireat  liiitain  tlian 
on  the  part  otthe  Tinted  States. 

In  reply  to  youi'  inipiiry  thc^  President  suj^j-'ests  that  the  niinlns 
slioi'hl  l»e  much  the  same  as  last  veai'  in  terms,  but  that  it  slionid  be 
lietter  executed.  It  was  very  inetlective  last  yt-ai.  for  there  were  u 
laifjer  nnmlx'r  of  seals  in  IJelirin;;"  Sea  taken  then  than  «'ver  betbre.  The 
vessels  had  already  set  out  lielbre  tin-  niniliis  was  aj.creed  upon,  and  it, 
was  impossible  to  jiixc  them  notice  in  time  to  avoid  their  takin;;  seals, 
ller  Majesty's  (ioverinuent  did  not  take  such  eflicient  nu'asures  as  an 
earlier  date  this  year  will  rendei-  practicalde. 

If  llei'  Majesty's  (btvernment  wouM  make  her  elVorts  nmst  eth-ctive, 
the  sealinji  in  the  North  I'acitic  Ocean  should  be  tbibidden.  for  there 
the  slau^htei- of  the  mothers  heavy  with  youn;;  is  tlie  ;;i('atest.  This 
would  lequire  a  notice  to  the  larye  innnln-rctf  sealers  which  are  prepar- 
ing to  ;;o  forth  from  IJritish  Cohnidiia.  The  nund»er  is  said  t(»  be 
j^reater  than  evei'  belbre,  and  without  any  law  to  re;;ulate  the  killin;; 
ol  seals  the  destru«'tion  will  be  innnense.  All  this  suy^iests  the  ;;rt'at 
need  of  an  elleetive /»o^/»,s.  Iloldiii;;  an  ari»it  lation  in  repaid  to  the 
rij^htful   mode  o|'    taking  seals  while  their  ilcst ruction  goes  Ibrward 

45  .i. 


/ 


%\ 


354 


J)II'L().MAT1(      CoRKKSI'ONDKNt'K. 


would  1»('  ;is  il',  wliilf  an  ;irliiliiiliiiif   to  tlic  (itic  (»!'  tiiiiltci'  !im«!  were  in 
l(n>;;rcss.  (Hie  |(ail,\   sliuilid  it'liiovr  :ili  llu'  tires. 

I  sliail  liiivc  to  ask  von  to  transiiiit  the  contciits  of  I  his  note  to  l.oni 
Saiishiiry   li.\    t»'Ic<;i  ipli.     ICxciy  day   that   is    l(»st    now   nitails  unat 
tioiildc  ii|H»ii  lioth  (ioveiiiiiuMitf^. 
1  liave,  etc., 

JAMKS   (i      Itl.AlNE. 


Mr.  Bhiiiir  to  Sir  .liiliiht  I'oinirr/ntc, 

DKrAIMMIsN  r   <'i     SlATi:, 

WfisliiHiltiHi.    I'i  In  iiitrjl  L'li,   /W^'. 
Mv  DkAK  Siif.Ill-lAiV:   Ml.  Myns.  ourroiisiil  at  \  ictoria,  t«'lej«ni|ih8 
to  day  tiiat  thcic  an' — 

Flirty -Mix  Hiiiliiij;  Nfiiiinni'is  iliMrtd  in  iliilo,     Six  ihmmii  imiri-  In  k"-     At  llu-  m;iiiu» 
iliiti'  IiinI  ,vi':ii'  tliirty-DiKi  rlcitii'il. 

I    tliiiik  iVoiii  this  you  will   see  that  if  we  do  not  coiiii'   to  an  tiiidt't 
standinji  soon  tlirn-  will  Ik-  no  need  nl  an  a^mrciiitnt   iclatin;^  to  seals 
ill  the  North  I'aeitic  oi  in  the  Uchrin;:  Sea.     I  will  be  j;lad  il'  yon  will 
let  Lord  Salislnny  know  this  laet. 
Very  truly,  yours, 

James  (J.  Blaine. 


Mr.  Blaine  to  Sir  'liilian  Pauneifote. 

Dki'aic'i  mi;ni  (M'  Siaik, 

Wn-shnnitnii.  Frlnunrfi  .'7,  IS!)2. 

SiK:  I  have  the  honor  t<»  state  that  it'  yon  uill  lia\e  the  kindness  to 
eall  at  this  hepartnieiit  on  .Monday  inorniii^  next,  the  LMMh  instant,  at  1 1 
o'ehtek,  I  shall  l»e  prepared  to  si;;!!  with  yon  the  treaty  I't!!  the  ailtilra- 
tion  III' the  Ueiiriii;;  Sea  ipiestion  which  has  heeii  ayiced  npon  itetwceii 
the  (lovei'iinient  of  the  L'nitecl  States  and  that  of  llei'  liritaniiie  Majesty. 
1  hav«'.  ete., 

James  CJ.  J^laine. 


Sir  JiiJiiin  Paunrc/otr  to  .ir>\  Blaine. 

liHri'isii  Legation, 
ir<f«// /■»///"«.  Frhniartf  29,  /W;.^  (i{eeeived  .March  1.) 
Sin:  Immediately  n|ion  the  leeeipt  of  yoni'  note  of  the  _'lth  instant, 
respect  in;;  a  renewal  t>\'  t\\{-  inoiliis  rirrndi  in  IJehrin;;  Sea.  and  in  accord- 
ance with  the  wish  tliei'ein  ex|»r«'ssed.  1  ti'lejfiaphed  its  contents  to  the 
Maicpiis  of  Salislniry.  In  that  n<»te,  after  oliserviuj;  that  it  is  iinpossi- 
Ide  to  conclnde  the  ari)itration  within  the  time  ori;L:inally  set.  ami  that 
the  (lelays  have  Im'cii  much  ;;reat<*r  on  the  part  of  (ireat  Mritain  than 
on  the  part  of  therniled  States,  you  proceed  to  inform  me  that,  in 
the  view  ol  the  President,  the  new  iiioihis  riniiili  should  be  inncli  the 
same  as  that  of  last  year,  in  l«-rnis;  that,  owin;;  to  the  earlier  date  this 
year,  it  euuld  be  more  elleetively  executed;  but  that,  "if  Iler  Majesty's 


MODIS    VIVENDI    ()K    1892. 


35;') 


rt(»v«'riiiii''nt  woiiM  n\:\\n\  tlicir  clVurts  most  etlcctivo.  the  scalin;;  in  tlui 
Nmtli  i'acilir  ()<M'iUi  yliuiild  Itc  tnrl)i»l(i«'ii." 

Alter  |M>iiitii!;i  «»iit  "tlic  <;i('it(  need  oliiii  cH'rctive  iihmIus,"  v(ni  sfat«* 
that  "  litililiiii;  an  ailtitratiitn  in  rc^^anl  to  tlic  ri>;'!itlii!  niiMl*- of  taking; 
seals,  wliilc  tlsrir  dcstrnrtiun  ■;(»es  foiward.  would  he  a>  if.  wliile  an 
arbitration  to  tiie  titie  to  tiniher  lan*l  \vei-e  in  pro^iiess.  one  party  slioiiid 
remove  ali  the  trees." 

I  have  tlie  honor  to  intortn  yon  that  I  liave  reieived  a  reply  t'roni  Lord 
Salisbury  to  the  follow  inji  elTeet:  In  the  first  piaee  hi>  loidsliip  states 
tliat  lie  can  not  in  any  tb'j,nt'e  admit  tinil  the  delays  have  been  greater 
on  the  pari  ol'  (ireat  IJritain  tinin  on  the  part  of  the  Inited  States. 

.Vs  re^^ards  tiie  necessity  tor  another  iinnlii.s  rinnili.  Her  Majesty's 
lloveiiimeni  eonsented  tt>  tinit  measure  last  year,  solely  on  the  <:roiMHl 
tliat  it  was  supposed  that  there  would  l>edaii;;er  ti»  tlu'  preservation  of 
the  seal  speeies  in  Itehrin;^  Sea.  unless  some  intei\al  in  I  In-  slanj^liter 
«)f  seals  were  pieseiibed  l»otli  at  sea  and  on  land.  Jiut  Her  Majesty's 
(iovernnn-nt  have  reeeived  no  infoiinatioii  to  slu  u  tlnit  so  drastic  a 
remedy  is  neei  ssary  U>y  t W'oconseenlive  seasons.  On  tin'  contrary,  the 
Ibitish  ("omndssioners  (Ui  the  I '.eh  riny  Sea  .loint  (lommission  have  in- 
foi  ined  Her  Majesty's  <  iovernmeni  that.sofaras  pelagic  sealing  iscon 
cerned.  there  is  no  daujicr  of  any  serious  diminution  of  the  fur  .seal 
species,  as  a  eonse<pience  of  this  year's  huiitin<>'. 

Nevertheless.  Loid  Salisbuiy  uoidd  not  object, asa  temporary  nu'as 
ure  of  precaution  lor  this  season.  In  I  lie  prohiiiition  of  all  Uillin^i'  at  sea 
w  it  hill  a  /.<un'  extomlin^'  to  not  more  than  Mi  nautical  miles  around  the 
I'liliilof   Islands,  such  piohibition  bcin^' cond'tional  on   the  restriction 
ef  the  nnnilK'i'  of  seals  to  lie  Uilled  for  any  purpose  on  the  islands  to  a 
inaxiiiiiim  of  .((I.OOn.     Lfud  Saiisluiiy.  referring  to  the  passable  in  your 
note  in  which   yon   compare   the  case  to  an   ai  l)itratioii   about   timlier 
land,  from  which  the  trees  are  bein^i'  removed  by  one  of  the  paities,  ob 
serxestliat  he   Inu'dix   thinks   the  simile   ipiite  apposite.      His  lordship 
sii'^jicsts  that    tiie  case  is  more  likeone  of  aibitration    ri'spcctiny  the 
title  to  a  meadow.     W  hile  the  arbitratitui  is  j^oiuH'  <ni,  he  adds,  we  cut 
the  j;rass;  and  (piite  rii;ht!y.  for  the  {;iass  will  be  re|>roduced  next  year, 
and  so  will  the  seals. 
1  liiive,  j'te., 

Julian  I*ai  noefote. 


.•^^^ 


m 


■  H 


W.' 


M 


Sir  Jiilidn  l*oun(rf'o(f  to  Mr.  Ulatiie. 


Minrisii  LKfiATioN, 

Wasliiiifitdii.  Morrh  T,  ts!)9. 

Sill:  With  reference  to  my  note  of  the  'J!»tli  nitiiii",  in  which  I  had 
the  honoi'  to  inform  you  that  the  Manpiis  of  Salislnii)  had  received  no 
inforiiiat ion  to  shou-  the  necessity  lor  renewing;,  during;'  the  approach- 
iiiji  lisherv  season,  the  iinnhts  c/rrz/r// of  last  yea;  in  llehrin;;  Sea  as  pro- 
posed in  your  note  to  me  of  the  L'ttli  nltbuo.  I  think  it  o|)p<n'tune  to 
remind  you  ot  the  Ibllowin^i  fiicl  in  connection  with  that  moilii.s  rirnitli 
which  may  have  escaped  your  at  lent  ion,  as  yon  v.ere  aitseiit  from  Wash 
in^ton  at  the  time  of  its  iie;>otiation. 

in  the  course  of  the  ('(urespondence  w  liicli  then  took  place  it  wasdis- 
tiiicliy  iiotilied  tosoiii  ( io\eriiinent  that  the  inothix  rintull  would  not 
lie  renewed  for  the  following  season.     Von  will  lind  that,  at  the  close  of 


3r»(i 


Dll'I.OMATIC    <'OI.M{i:s|'()NM)KNCK 


llir  ini'inornndiiin  inclosed  in  my  note  to  Mr.  Wlnii  tun  of  .Iiiiic  (I.  1s;M, 
1  st;itt'(l  iindt'i-  insti'iiftioiis  I'luni  my  (iovcrnmriit  tlmt  ■'(lit-  sus)K'!isiiiii 
i»f  scaliiiff  was  in>t  a  mcasiiit'  wliirli  tlicy  could  repeal  anollier  year." 

Her  Majesty's  (idseriimeiit  consented  to  that  measnre  in  co:;se(|nence 
of  the  iimiMi's  widely  eii'culated  of  impending  danytM  to  tiieseal  s|»ecit'«. 
Ifiit  siiK'c  tiieii  the  conditions  of  tiie  tiir-seal  lishery  iiave  bt'en  investi- 
;;ated  imi  the  spot  Ity  experts  appointed  lor  thai  pnrpose  l»y  Her 
Majesty's  Governme:it.  Tintst'  i-xperts  iiave  advised  that  there  is  no 
daiijicr  of  any  serious  diminution  of  tht^  fur  seal  spt'cies  from  pchi^-ie 
^ealinn'  dnrin.i;  the  present  year,  and  that  to  renew  the  proiiihit ion  of 
pcla;iic  sealini;  for  another  st'ason  would  he  <>()in;i'  far  befond  the  ne(;es- 
sitit^s  ot'  I  he  case. 

Lord  Salisbury's  proposal  of  a  .'»(» mile  radius  around  the  PrMtilof 
Islands  within  whicli  no  sealing;  should  i»e  allowed  is  a  judicious  tem 
porary  nu'asurc  of  precaution  i»endin,v;'  the  establishmenl  of  permanent 
rejiulalions  for  the  lishery  as  a  whole.  It  is  a  somewhat  larj:er  pro- 
|iosal  than  that  whi«'li  you  (ui^^inally  made  to  me  on  the  Kith  of  March, 
IS'.M,  and  which  was  for  a  similar  radius  of  J."*  miles  onl.\. 

Tlie  reascm  why  you  sul)se(|ueiilly  abaiidoncil  that"  radius"  pi'oposal 
is  stated  in  your  note  to  me  of  tth  May.  l.S'.M.  That  reason  was  not 
thai  such  a  radius  would  l)e  inelfectual,  luif  that  ''it  ndfilil  p<»ssibly 
provoke  contiict  in  the  liehrin;;  Sea." 

At  that  time  no  act  of  Parliament  had  been  passed  in  ICn;;laml  to 
(Miipower  Her  Majesty's  (loverniiM'iit  to  enforce  such  a  nu'asure  on  IJrit 
ish  vessels,  and  no  doiilit  there  was  scnm^  danin'r  on  that  accoant  of  it 
jii\  inji'  rise  to  dilliciiMies.  liut  it  is  otlierwisc  now.  Hy  the  seal  ti>hery 
( IJehriufi' Sea)  act  of  !S!H  (,"»|  \'ic..  c.  I'.t),  llei  Majesty  isempowered  l»y 
( )rder  in  ( 'ouncil  to  prcdiiliit  uiniei'  severe  penaities  the  catchinin"  of  seals 
by  r.ritish  ships  in  any  pari  of  r.elirin;;'  Sea  deliiied  by  the  oitlei'.  and 
therefore  the  enfori'cment  of  the  wi'W  ihixIks  rlniiili  now  projiosed  by 
Lord  Salisbury  would  picsenl  nuu'h  less  dilli.'ulty  than  was  experienced 
last  season  in  pultinj;'  the  existinji  one  into  (►perution. 

I  trust  that  the  abovcobst'rvatioiis  which  I  venture  to  otier  in  fuilher 
eluci<lation  of  the  proposal  c<mtained  in  my  note  of  the  2i>th  idtimo  w  ill 
satisfy  your  (lovei'ument  that  it  is.  under  the  cireitmstances.  a  reason- 
able proposal,  and  one  which  will,  if  aiM-eded  to.  sullittiently  safeguard 
the  interests  of  both  nations  duriuti'  the  few  months  comprised  in  the 
next  lishery  season,  and  jtendinj;  the  decision  of  the  Arbilratois. 


1  have,  etc 


JlLIAi'S    I'Al  N<"KF<>TE. 


Mr.  Wliarton  to  Sir  >/.  Puinivcfoie. 


/ 


DEPAin  MKNT  OK   StATK, 

WitsLhiijInn,  Manlt  s.  Is'fj. 

Sir:  T  am  diiccted  by  the  President  to  say,  in  response  to  your  two 
notes  of  F«'bruaiy  L'it  and  Maich  :.'.  that  he  notices  with  llie  dee|iest 
le^ireL  the  indisposition  of  ili'i  Majesty's  (loverniiienl  to  a^r«e  uptm  an 
elleetiv*'  iikkIhs  lor  the  pieservation  of  the  seals  in  the  IJerinj;  Sea, 
{tending  the  settlement  oi'  the  respective  rifthtsof  tliat  (ioverinient  and 
of  the  (ioverntnent  of  tlu',  T  uited  States  in  those  waters  and  in  the  fur- 
seal  lislieries  therein.  The  Cnited  States  claims  an  exclusive  rijiiht  to 
take  seals  in  a  porl  ion  of  I  lie  llelirinu  Sea.  w  Idle  1  Icr  Majesty's  ( lovern- 
nient  claims  a  connnon  i-i<>iit  to  pursuit  and    take  the  s<'als  in  those 


MODI'S    VIVKN'DI    or    IHHi. 


357 


i 

3 


wat(M  s outside  11 3  111 il<'  limit.  Tiiissj-rioiisiiiiil  pidtiiirtcil  cuiitinvcrsy,  it 
liiis  now  lii'cii  liappily  a^^rrcd,  shall  he  stiluiiitted  to  tlie  dttfriiiiiiatioii 
of  a  tribunal  of  arl>itratioii,  and  the  treaty  only  awaits  the  aetioii  of  the 
Aiiierican  Senate. 

The  jiid^iinent  of  llie  ari)itralioii  trihiinal  eaii  not,  however,  ite  re  lelied 
;ind  stilled  in  time  to  eoiitrol  ihoecuidilet  of  the  res|»eet  ive  ( loverii 
meiits  and  of  their  eili/.eiis  diiiiii^'  tiie  sjMliny  season  of  IS1H';  jiial  the 
iir^iciit  (|uestiou  now  is.  W'Uat  does  ^^ood  faithj  to  say  "o'JiJI'i'u  *d'  iiiter- 
national  euiuiL;V^riM4^iiiie  oH  lie  part  it's  to  the  Arititiatioii .'  If  the  eon- 
feiiiion  of  this  (lovetiiineiit  is  sustained  l»y  the  ArMtrators,  then  any 
killinji  of  seals  l»y  the  Canadian  sealers  diiriiij.;  this  season  in  these 
waters  is  an  injury  to  this  (lOverniMeiit  in  its  jiirisdietion  and  property. 
The  injury  is  not  measured  by  the  skins  tiikeii.  Imt  alfeits  the  |»erma- 
neiit  value  of  onr  property.  Was  i!  e\fr  heard  before  that  one  party 
to  siieii  :i  eoiitroversy.  whether  a  nation  (u-  an  iiidi\  idiial.  could  appro- 
priiite  the  whole  or  any  part  of  the  income  and  piolits.  much  less  tlic^ 
I  tody  ot'  (he  t  on  tested  property,  pendin;;  the  liti;iatioii.  wit  lieu  t  iicconnl- 
altility?  Tsuiilly  a  eoint  of  eiiaiieer,\  would  place  a  receiver  or  trustee 
in  elKirite  and  ludd  the  income  of  the  propcuty  for  the  beiietitofthe 
prevailing;  party 

Voii  say  tliat  i^onl  Salisbury,  rejectin;;  the  ilbistiation  ised  iiy  Mr. 
lUaiiie.  •'  sii;;;:ests  that  the  case  is  more  like  one  of  ailiitration  respect- 
iiiu' title  to  a  niejidow.  Wliile  the  arbitration  is  j;oiiiy  on  we  eiit  the 
jiiass;  and(piite  riyhtly,  for  the  ;;rass  will  be  reproduced  next  yt'iir  and 
so  will  the  seals."  lie  can  hardly  mean  by  this  iliii>tratioii  that,  beiii;;' 
in  contention  with  a  m-ijihlxu'  n-j^fardiii};' the  title  to  a  meadow,  he  could, 
by  any  precedent  in  tlie  eipiity  courts  or  by  any  standard  of  common 
honesty,  be  jiistitied  in  pocketiiiji  the  whole  or  jinv  pail  of  the  .i;;iins  of 
a  harvest  without  aecoiintahility  to  the  adverse  daimaiit  wiiose  e\elu- 
si\  ('  t  itie  was  afterwards  established.  If  is  no  answer  tor  the  trespjisser 
to  say  that  the  i rue  owner  will  Irive  an  uiidiininisheil  h;ir\est  ih'M  year. 
Last  years  harvest  was  his  also.  If  by  ilie  use  of  t'le  plural  |moiioiiii 
his  lordship  menus  thai  the  harvest  of  the  c(mtested  meadow  is  to  be 
<li\  ided  I  let  ween  the  litigants,  1  be^  to  remind  him  that  the  title  of  the 
I'niled  States  to  the  IMiliilof  islands  h  vs  not  yet  iieeii  contested,  and 
that  our  thiii  does  not  lloat  over  au,\  sealing;  vessel.  The  illustration  is 
iiia])t  in  the  tiirther  |iarticular  that  tlie  seals  not  taken  tlii8  year  may 
lu'  tiikeii  next,  while  the  fiiass  must  be  harveste»|  or  lost. 

This  Government  has  already  been  a<l\isei|  in  the  course  of  this  eor- 
respoiideiice  that  (iieat  ilritain  repudiates  all  obhjiations  to  indemnify 
the  Initt'd  States  for  any  invasion  of  its  jurisdiction  or  aii.\' injury  done 
to  its  >ealinfi  pio|»cit,\  by  the  Canadian  se;ileis.  The  atteinpl  to  make 
a  daiiia;;'e  clause  one  of  the  articles  of  the  arbitration  ii^rcement  failed, 
btciiiise  llei Majesty's  <io\ernim'iil  woidd  not  consent  that  tin- <iues- 
tioii  of  its  liabilitx  to  iiidemiify  the  Cnited  States  for  the  iiijuries  (buie 
by  tile  Citiiadian  sealers  slmiild  be  submilte«l.  Two  exli  le 's  from  the 
correspondence  will  suthcieiilly  recall  the  attitude  ol  the  respective 
Goveniliielits: 

III  my  note  (d  duly  "J.'i,  1  said: 

'I'iic  I'li'sidcnt  li(<lu-\es  tliat  Hit  Miiji'sty'x  ("lOViMMiiiiciit  inuyjiisfly  I"  ii'M  rcH|i(>ii- 
silijc.  midri-  ilii-  .itlcnihiiil  i  ii<iimsliiiiiTs,  I'lpr  iiijiiiiis  ilonc  In  tli«  jmisilirt  imial  or 
j»l(»|>.'rl\  riii'lils  ol  till'  I  tiitcil  Sillies  1>\  till'  sraliii;;  vi'ssrjs  llyiny;  llir  lliilisii  lliiir,  ■,\\ 
It'Hst  since  I  lie  (I Ml e   when   llie  ri;iht  of  llnse  \  essels  to  iuN  .nle  I  lie   Ilelirilli;  Se:l  :iimI   In 

|tursiie  I  lie  re  in  I  lie  liiisiin-ss  ol'  pcla^le  sea  I  in"  was  maiie  the  siilijeit  III  <li|i|iiiiiai  i<'  iii- 
tervcnlion   li\    Lord  Siilislmry.      In   liis  o|iiiiioii    jiistiec  requires   iliat  Her   Majeslx's 

(ios  enillleiil   slionlil   les|><ill(l  I'ol    I  lie    Inj  II  lies  (loin-    l)\    I  liose  \  essels,  il'   llnir   ails    art' 

K>un(l  to  lia\e  iieeii  wroiiglut.  IIS  t'lilly  as  it'  eaeli  Itail  lioiiie  a  eoniiiiisslon  rioni  I  lit; 


»■'•"  'ri 


^ 


\r<!A 


In- 


4 


3r),s 


DIPLOMATIC    COlv'li'Ksl'oNOKN^  K. 


i  ' 


(iiivi'l'lllhi'lll  III  (III  till'  :lrt  i'nlil|iLiilii-il  iil',  TIli'  |il'i>^iMlri'  O'  tllr  llltlstrl'.  ill'  rvrli  nf 
II  lllilil  pt'l'Sdii.  miili'i'  cirriiiiistiilici's  (':iliiil.ilril  Mini  iiitrllili'il  to  i;iM'  i'tiriiill';i;;i'liii'iil, 
cD'ilti'S  ,'|  llMliilitS  I'ol'  tl'('S|i;i.ss  III  llii'  ('(iliiliiiill  \:i\\.  Mllil  liMK'li  liiiiir  it'  Ills  |i|'i'>i'IM'I'  is 
!li'('iililli;lllic'il  \\  it  ll  ilrrhll'ill  ii)ll>  III'     i^illl,  |>riilrs|s  ;mMill>l  I  llr  ilcl'i  iisi-  w  liiili  I  In-  OWIII'I' 

is  I'liilcMMiriiii:  111  iii:i!u',  .iinl  ;i  iIi'cImii'iI  |iiir|iiiNC  in  :iiil  i  In-  iii'>|i,iv>ii>  If  i  lii\  -.wii  rc- 

.sjslcil.        rile  jllsl  ii-i' 111'  this  nilr  is  S(i  ii|i|iMlrlll  tll.ll    it    is  imt  snli   liiiW    ill  till'  Irss  ti'i'll- 

iiir.'ij  Iriliiiiiiil  III' .'III  iiiti'i'iiiiliiMi.'il  arliitr.'itiiin  it  luiilil  In-  lirlil  in  lir  iiiM|)|ilii'Ml>lr. 

Tlu'  I'liiti'il  Siiiirs  iiiitilit  vM'll  insist  tli.'il  llrr  Miiji'si  \  "s  ( iii\  I'liiiiniit  sIhhiIiI  .nliiiit 
l'i's|Hilisiliilit  V  Idl'  llli'  arts  III' llic  Ciili.'lili.'ili  si'iilrl's.  w  lilili  it  li:is  sii  ilili  rl  I  v  ciiriiiir- 
:i!;ril  iIIkI  |il'iiliii)tr)l.  |iri'risi'l,V  Ms  in  tin'  |irii|iiis:il  tlic  I'liitnl  SlMti's  ,'iillliil  l'<'s|iiiiisiliil- 
il  V  I'm'  till'  Mi'ls  III'  ils  ri-\  I'liiii'  \  I'ssi'ls.  lint,  with  :i  \  irw  In  iniiiiM'  \\  liiil  smiis  In  1m« 
till-  liisl  |iiiiiit  III' ilitliTrnri'  ill  :i  ilisi'iissiun  wliirli  h.'is  Ihtii  \i|'\  iiiik'Ii  |ii'iili','ii'ti'il.  llii' 
ri'rsiilciit  is  w  illiim  Id  iniiilil'y  his  |ii'ii|his:iI  Mini  ilirri'ts  nil-  In  iill'i'i'  I  lit'  fill  low  i  111; : 

"'rile  (iii\  I'l'iinirtit  iil'liirMl  Mi'iliiiii  liM  \  in<;  |irr.si'nti'il  tin  ilMiiii^  ol'  its  snlijiTi-.  I'nr 
I  iiiii|ii'iisMt  inn  tin  I  III'  sfi/.iui'  of  t  hrir  \  issils  liy  tin'  I  iiili'il  SImIi  •-  in  lirhiiii;;  Si'm.  Mini 
thi-  <  iiiv  I'i'iiini'iit  of  till!  I 'nil  I'll  SImIi's  |im\  iiii;  iiii'scnit'il  in  its  ii«  n  Iii'IimU'.  ms  well  ms 
oC  I  In-  li'ssi'i's  <>r  till'  |iri\  ili'uis  III'  iMkiii'^  somN  nn  iln'  I'lil'iliil'  KImimIs,  ihiinis  I'ur  riiiii> 

)il'IISMt  inn  li.\  ri'MsnIi  nf  the  Uilliliu  ol'  M'mIs  in  I  he  lirhrill^  Sci  li>  |ii'lsii||s  Mil  ill;;  lllliliT 
till-  |iriili'i'tiiiii  III'  till'  lii'ilisli  Ihi;;.  tin-  ailiil  I'.itnis  sIimII  ■  misiili'i'  miiiI  ilniili-  ii|inii  siirli 
rhlillis  ill  Mrinrihllni  wil  ll  Jllsl  lir  Mini  ri|llit  \  .  anil  I  llr  l  i's|ii  rt  i\  r  liL;lits  III'  I  hi'  lii;;h 
riilltl'Mrt  in;;'  |iiiN\  I'I'S,  Mini  it  sIimII  lir  riilil|M'ti'lll  I'm'  lIli-  .11  lilt  I  Minis  In  aWMIil  sllrli  I'ltiii- 
|iriisMlinn.  as  ill  their  Jnil^^inrnt.  sIimII  sitih  i'i|iiilalilr." 

Ill  your  iiot«'  <>l'(  )('tol>('r  17.  you  siiy: 

I  r('y;r('t  In  iiit'iii'in  \mi  that  Hit  Ma.jrsly's  tioviTMiin'iit,  aflcrlln'  fiillrsi  I'lnisiilrra 
tinii,  liiiM*  ai'i'ivi'il  nt  thi'  cmnliisimi  that  this  new  iImiix' roiilll  mil  |ii'ii|M'rly  lif  as- 
si'Mlril  til  hy  thi'iii.  In  thrii'iipiiiinii  it  iiii|ilirs  an  Milini^-^imi  nl'a  ilnrM'iiii'  ii's|M'i'iinir 
till'  lialiililii's  tt\'  ;;ii\  I'lnini'iits  i'nr  llii>  mi'Is  nf  thrir  iiMl  imials  or  nt  lirr  ihi'siiiis  sailiiiy; 
iiiiiirr  thrir  tlai;'  mi  I  he  lii^li  sras  I'm'  \v  liirli  tliri'i-  is  nn  w  arrant  in  tin'  law  n  I'  nat  inns. 
'I'liiis  it  rmitaiiis  the  Inllnw  in;;  wmil.s: 

"  Till'  <  iiiMTiiini'iit  nl'  I  III'  I  iiitril  ."slat  's  hax  in;;  |ii  isintid  mi  its  nw  n  ht'lnill'.  as  well 
as  III' till'  h'ssri's  nl'  llir  priv  ili';;c  nl'  takili;;  scmIs  mi  llli'  I'rilii  lot'  Islainls.  rl.iiiiis  I'nr 
rniii|M'iisat  inn  liy  rrasmi  nl'  I  lir  killing  nf  sea  1>  in  I'mIii  illy;  .^^ra  li\  piismis  .'iitiii^  iiinli'i' 
till-  |irntirlinii  nl'  till'  Itritish  tla:^.  I  III'  Ai'liilr.iim  >  shall  roiisi,,..r  airl  ilniilr  ii|inii 
Mii'h  rl.'iinis," 

Tlirsi'  wmils  iii\  nl\  I'  tin-  prn|insitinn  lli.it  Mil  Maji'st  \ 's  ( in\  I'lnnii'iil  mh'  li.ililr  lo 
iiiakc  y;iinil  Inssi's  irsiilt  in;;  linn  I  I  III'  \\  rmiyjl'iil  a  i  imi  of  pi'ismis  sailing  mil  si 'If  t  lirir 
|iii'isilirl  inn  imih-r  tlir  Itritish  llajn.  llrr  Ma  i'si  \  "s  Intvi'mnii'iit  rmilil  imi  airrpl- 
sinli  a  ilnctrinc. 

Tlic  ricsidcnt  ciiii  not  bclit'vo  tlnil  wliilv  lioldiii;;  tliis  vicvv  of  its 
ii('<'ouiit;ibilily  the  (iovcnmu'iit  of  (iiciit  llritiiiii  will.  |i«'ii<liii};  tlu'  .Vilii 
triiti(Ui.  ('omitriiiiiirc.  iiiiicli  less  ju.><tiiy  or  tlrffmi.  the  (■oiiliimjiiict' of 
IK'liiji'ir  scaliiii;  l»y  ils  .mihjcrts.  It  slioiiM  citlit^r  ii.sstiiiif  rt-.spoii.sihility 
I'oi-  the  iicls  of  tlie.sc  .scjilci'.s.  or  rcslniiii  lliciii  fnuii  a  pur.suit  the  luw- 
liiliM'ss  of  wliitli  is  to  he  ilet«'iiuiii«'(l  liy  tlit-  .\ihilralioii. 

Ill  your  note  of  l-'clii'iiiiiy  !".(  yon  state  ilial  Her  .Majestv  "s  (ioveru- 
iiieiit  lias  hoeii  inroiiiieil  i»y  the  Uritisli  ( 'oiniuissioiiers  "that  so  tar  ha 
pelajiir  sealiii;;' is  eoiici'itied.  there  is  no  Waiiyt'r  of  serious  iliiiiiiiiitioii 
of  the  fur  seal  species  as  a  roii.sei|ueiiee  of  tiiis  year's  huiiliiiu."  and 
upon  tiiis  ;;rouiul  Lord  Salisluiry  plaees  iiis  refusal  to  renew  the  iiimhis 
of  last  y<'ar.  His  lordship  seems  to  assume  a  delermiiiation  of  the 
Arl>ili  atioii  ajjaiiust  the  I'liited  States  mid  in  favor  of  (Ireat  r.iitaiii, 
and  that  it  is  already  only  a  ipiestiou  of  so  re;;'uiatin^  a  coiuiiioii  ri^lit 
to  take  seals  as  to  preserve  the  speeie.s,  Hy  what  riy^ht  does  he  do 
tliis.'  rpon  what  principle  does  he  assume  tiiat  if  our  claims  are  es- 
taldished.  any  diiiiiniition  of  the  .seals,  whether  serious  or  not,  diiriii}.; 
this  si'a.son,  or  iiuleed.  any  takin;;' of  seals,  is  t«i  be  without  recom|)ense? 

Ill  the  opinion  ol'  the  President,  it  is  not  consistent  with  <;ood  faith 
tliiit  either  party  to  an  arbitration  slioiild,  pendinj;  a  decision,  in  any 
decree  diminish  th<>  value  of  the  siiltject  of  arbitration  or  take  any 
piolif  from  the  use  of  it  without  an  a;;reeinent  to  account. 

Iieloie  an  aureemen)  lor  ailiitialion  h:id  iieen  reaclied  the  pridiibition 
of  pela;:ic  sealing   was  a   matter  of  eomily;  from   the   moment   of  Mio 


Monrs    VIVKN'IM    OF    lS!t2, 


S.')!) 


sij^iiin;;:  (if  tliiit  ii^t'cciiH'iit  it  Ix'ciiino,  in  liis  opiiiioii.  ii  iii:ittcr  of  ohliua- 
tioii. 

Dmiii^i  tlic  si'iisuii  of  IS'.U.  imtwiliistiiinliii;;  the  rrsii  iciiniis  ri-sultiiii,' 
I'nmi  llu'  motlns  iidoptril.  tlif  CiiiiiKlian  scalers  took  in  llic  Ucliriii;:  Si-a 
aliinc  '_'S.7(;.s  skins,  or  nearly  t<iiir  times  as  p  iiy  as  tiie  lestiieted  eateli 
MpoM  (Mir  island.  Tliis  (itivernnieiit  isnowii  isrd  iiial">l  \  esscis  IrMni 
lirilisli  ('olnnd)ia  and  1<>  tVnni  Nova  Seotia  liave  sailed  or  are  about  to 
sail  lor  the  I'.elirinj;  Sea  to  enj;a;i;e  in  takin;;  seals,  'iiiis  larye  increase 
in  the  licet  en^a;;ed  makes  it  certain,  in  the  alt>iiicc  ot"  an  el1ecti\e  re 
striclivc  a;iiecnH'nt,  that  the  d«'sl  ruction  olse:il  lil'e  dmin;;  this  season 
by  |)cla;;'ic  scalin;:  will  he  nnprecedented.  and  will,  in  t  lie  opinion  ol'tair 
Conimissioiicrs.  so  nearly  destroy  the  value  n\  the  seal  lishcrics  as  to 
make  what  will  remain  of  so  little  value  as  scarcely  to  he  a  woithy  sub 
ject  tor  an  international  aibitration. 

The  proposition  of  Lord  SalisbnrN  to  prolJ-bit  the  killing  ol'  seals  at 
sea  ■■within  a  /,<hm>  extendin;;  to  n<>t  moic  than  lo  iniiitiial  miles 
around  the  I'ribilot'   UI.hmU"  is  sooli\ion^l\   inadc(|nale  mid  >u  impcts: 


sible  ot  e\i-cMl  ion  t  li.ii  I  hi>  <  hi\  ci  ninent  can    not    entcrtiiiii 


it.     in   th 


cail.\  p;ut  of  tin- dix  ii^>i(»n  ol  the  siilijcct  ol' a  iHnilu.s  Ibr  last  year,  this 
metliod  was  tcnlar4\  el\  su^j;c>lid  .iiiionj;  others  in  conversation  licl  ween 
y«>urseirainl  Mr.  Illaine.  JSnt  it  w  as  al'tcrwaid  in  eHect  agreed  by  Inttli 
(lovcriiments  to  be  inadei|uate.  and  was  not  a;;ain  rercrred  to  in  the 
cori'cspoiidence.  In  the  memoiandum  I'lirnishcd  by  yon  with  your  noli; 
of  .luiie  <».  you  say: 

liord  Salisbury  p<»iiits  out  lliat  it'  seal  liuntin;^  be  piohibited  (Ui  one 
side  (>!' a  )tuiely  imaniiiaiy  line  drawn  in  tlie  open  ocean,  while  it  is  per- 
mitted on  the  other  .side  of  t  he  line,  it  w  ill  b(>  impossible  in  many  cases 
to  prove  unlaw  till  sealing  m  to  infer  it  from  the  possession  of  skins  or 
lishinji  tackle. 

This  was  said  with  icfereiice  to  the  water  boiindaiy  of  our  pnrchast' 
from  b'ussia.  but  is  cpiitc  as  applicable  to  the  .'III  mile  zone  which  he 
now  siijijicsts.  The  pic\  alence  of  U)jis  in  tlu-sc  watersyives  incieased 
force  and  concliisi\  ('ne>s  to  the  point  made  by  his  lordship  against  an 
ima.uiisar.v  water  line.  The  President  can  not  aj;!ce.  now  that  thcli'mis 
of  aibitration  have  been  settled,  that  the  restrictions  imposed  shall  be 
lir^-N  than  those  wliicii  lioth  (lovermnents  deemed  to  be  appropriate 
when  it  was  >till  itii>  (>i  tain  whctli(>r  an  earl,\  adjii>tinenl  of  the  contro- 
versy was  attainable,  lie  Iherctbvc  hopes  that  llci  Majesty's  (loverii- 
meiit  will  consent  to  renew  the  arrangement  of  la.->l  yenr  with  the 
prompt iiess  w  liieli  the  c\i;;cne.\  <lemaiids  and  to  aiircH' lo  ciifiu'cc  it  by 
refiisinj:  .ill  clcaiainc^to  sealiiiL;  vessels  for  the  prohibited  watcrsainl 
by  recallin^i  I'rom  those  walcr>  all  sinh  vessels  a>  ha\  c  already  cleared. 

This  (mi\ crniiient  will  homuably  abid<-  the  jiid;:iiieiit  of  the  lii^li  tri- 
bunal w  hich  has  been  ajurced  upon,  wliethci  that  iild;;iiient  be  faxoiable 
<n  mifa\<»ral»le.  and  will  not  seek  to  a\<>id  a  jiisl  responsil)ility  foi'  any 
4»f  its  acts  whicii  by  that  iud;>'ment  are  found  to  be  unlawful.  Hut  cei 
taiiil.x  the  I  nited  States  eaii  not  be  e\pect<'d  to  suspend  the  defense. 
1»\  >iicli  means  as  arc  within  its  power,  of  the  property  and  jiiiiMlie- 
tNMial  rijuliis  claimed  by  it.  peiidiii}<  the  arbitration,  and  to  consent  to 
rc(!ei\('  tlt«  ai  from  that  tribunal,  if  awarded,  shorn  of  much  of  their 
value  In  the  acts  of  irresposiblc  persons 
1  kwtfvu  tlie  liunur  to  be,  etc., 

William  F.  Wiiaijton, 

AvliiKj  Stritldii/. 


3()() 


DIPLOMATIC     COIJKKSI'ONDKNCI; 


air  Julian  I'auncc/ote  to  Mr.  Whortoii. 

BUITISII    LK<JAT!0N, 
]Viisliiti!ffoii,  March  /.'/.  1S!)3. 

Sir:  On  r«'('('ii>t  of  your  iu>tt' of  tlu'  Stli  iiist;iiit  I  iinnicdiiitrly  U'U'- 
iirn]t\n'd  fo  tlic  .\liir(|iiis  of  Salislmry  tin-  Mihslnnct'  of  its  coiitciits  in 
iic('<»r(liiiMM'  with  tlu'  i«'(ni('st  wliicli  yon  cxprrsscd  on  bcliiill"  of  tln^ 
l'n'si«l*-nt.  ami  I  liavc  now  the  honor  to  infoiin  you  that  i  liav«>  this 
day  received  a  \v[t\y  from  his  h»r«lship,  by  tch'y'iam,  to  tlie  followinjj 

Lord  Haiisbnry  aiiMw  points  out  tlnit  th«'  infcnniation  in  the  poss«'ssion 
of  llcr  Majesty's  (lovcinmcnt  dors  not  h'ad  tiu'in  to  lu'licvc  that  another 
year's  suspension  of  sealinj;'  is  no<'essary  to  prevent  an  undue  dinnnu- 
tion  of  tlu'  seal  hei'ds. 

Mis  htrdsliip,  however,  ]>roeeeds  to  oltseive  tinit  iM'yond  tiiis  i\\u's- 
tion  it  is  consideicd  l>y  youi'  (iovernment  that  they  ha\e  a  lijilit  to  Ite 
proteeted  from  the  h>ss  wliich  lliey  nniy  incui'  from  fi»'e  sealin;;  Iteinji' 
permitted  tliis  yeai'.  in  the  event  of  their  claim  to  IJelirniji'  Sea  hein;;  up- 
iiehl  l)y  the  Ail>itrators.  lie  slates  that  Her  .Majesty's  (iovernment  do 
not  disput<>  tliat  after  the  ratitieatiiui  of  the  <-onvention  there  will  Ix' 
some  foundation  for  this  <>ontention :  hut  In-  adds  that  the  prohibition 
of  all  scJinji  as  a  remedy  has  this  defeet,  that  the  Ihitish  sealeis  ex- 
eluded  from  lU'hringSea  would  have  an  undoubteil  j^round  of  eom])laint 
if  the  r.ritish  claim  sluudd  be  upiield  by  the  Arl»itiators.  Moreover, 
tiiere  is  no  security  that  the  Arltitiation  will  be  concluded  before  tin; 
sealin;;' season  of  l.Stt;5.  Thus  an  arbitration  between  (Ireat  IJritain.  the 
liiited  States,  and  INu'tuj;al,  which  has  already  occu[»ied  four  years,  is 
slid  pending;.  Serious  damaj:c  would  be  caused  to  the  industry  by  a 
suspension  of  sealing  for  a  lonj;  period. 

Ill  view  of  all  the  above  considerations  it  apjieais  to  Iler  .Majesty's 
(lovernmeiii'  that  it  would  lie  more  efjuitable  to  provide  that  sealinj;  in 
liehrin^'  Sea  shall  continue  on  the  condition  that  the  own<'r  of  every 
sealiiiii  vessel  shall  j;ive  si'curity  for  satisfying  any  damaj;es  which  the 
Arbitratois  may  adjiidjie. 

I  shall  i>e  yhul  to  learn  that  the  above  suggestions  meet  with  the  con- 
ciirieiice  of  vour  (iovernment. 


1  iiave  the  honor,  etc. 


Julian  Pauncefote. 


:iN. 


Mr.  Wharton  to  Sir  Jvlian  Paunvcfote. 

Depautment  of  State, 
Waxhiiifiton,  March  ;.';>,  isno. 
Siu:  r  am  directed  by  tlie  President  to  say  tlntt  your  note  dated  the 
inih  instant  and  delivered  tm  the  L'Oth  instant  (Suncbiy)  has  had  his 
imiiiediat«'  attention  in  view  of  what  he  deems  to  be  the  extreme  urgency 
and  gravity  »f  the  matter  under  discussion.  Tin*  urgency  grows  out 
of  the  fact  that  much  fui'ther  protraction  of  this  discussion  will  make 
any  modus  that  maybe  agrci'd  upt)n  ineflectiial  to  protect  the  interests 
of  the  rnited  States  and  will  give  to  the  Canadian  seah-rs  practical 
imnuinity,  by  reason  of  the  impossibility  of  eommiiuicating  to  tln-in  the 
agreed  restrietions.  It  is  known  to  this  Goveiiimeiit  that  the  sealers 
liaxc  hastened  their  departure  ttt  est'ajje  notice  of  a  possible  modns  and 
that  every  day  alm(»st  adds  to  the  t1e«'t  that  must  now  be  overhauled  at 
sea.     Alieady  forty  seven  Cauadiau  vessels  have  cleared  f(U'  the  sealing 


MODI'S    VIVr.NDI    nv    \HQ2. 


361 


jjnmmls  (iis  ;i;;aiiist  fliiitv  oiic  at  tlir  siiiiic  dale  last  yrar).  and  arc  cii- 
}>a;:<'(l  ill  InlNnviiiji;'  up  and  dcstroyiiifj  tin*  seal  li('r(l.>.  TIm'sc  vessels 
will,  it' not  st<)|)|K>d  aii<l  tiiriird  hack  at  tlie  jiasses,  ^u  into  the  lielirin;; 
Sea  and  i»nisiie  t(»  the  v<'ry  slioies  of  our  islands  tlie  s!aii;;lit»'r  <»!'  tlu' 
niotlu'r  Sfiils  seeking;'  tlie  ae«Mistoiiied  inokcries  to  lie  delivered  t>l'  their 
youii;;'.  This  is  a  eriiiH' auainst  nature.  This  ( l((\  crnniciit  e\|ie(ts  to 
show,  if  the  A  il>it  ration  |»inceeds.  that  female  sea  Is  const  it  iite  the  larji'cr 
l»ci  cent  of  the  catch  of  tlie  pchiyic  sealers. 

That  in  view  of  this  serious  and  coiitidcnt  c<Miteiili<)it  of  this  Cioverii- 
iiieiit  his  htrdshi))  should  assiiine  that  another  year's  suspeiisiiui  of 
ninh  sealiiiji'  is  latt  necessary  "tn  i»reveiit  an  undue  diiiiiiiiitinn  of  the 
seal  herds"  and  sin  hi  Id  insist  that  pciidin;^'  an  ai'l>itratii)u  it  sliall  ^n  on, 
l>recisely  as  if  im  ;irl)itialinn  had  lieeii  agreed  iip;iii.  is  as  siiiprisiiiy- as 
it  is  disappiiiiit  iiiu.  If  llci  .Majesty's  ( luverniiicnt  so  little  respeits  the 
claims  and  rontcntions  of  this  (iov^'l•lllllcll^as  to  he  iinwilliiiL;  to  for- 
l>ear  for  a  siimle  season  t(»  tl!>ri  j:iid  them,  the  I'rcsidciit  can  iint  iinder- 
staiid  w  li,\  Lonl  S;di>lur.\  slioiild  have  proposed  and  agreed  to  ;;ivc 
to  those  claims  tlic  di,uiiit\  and  staiidiiiu'  which  a  reference  to  a  liiuh 
court  of  arhitratioii  implies,  l-'rom  the  iiionn'iit  an  aihitiatinii  was 
agreed  upon  neither  party  was  at  lilieity  to  disregard  the  contentions 
of  the  other. 

it  must  be  assumed  that  the  sincere  purpose  of  the  two  (lOVcMiiments 
was  to  jaoinote  peace  and  j^ood  will,  hut  if.  peiidiiijii'  the  Ailtitiatioii, 
either  deals  with  the  siil>ject  of  it  solely  upon  the  hasis  of  its  own  con- 
tention and  in  utter  disre;'ard  of  tiie  claims  of  the  other,  this  friendly 
end  is  not  <uily  not  attainetl,  Vmt  a  new  sense  of  injuiy  and  iiijustice  is 
added,  cNcii  it'  it  ■lioiild  be  found  pos>il>le  to  proeeid  with  an  ailiilia 
tioii  iimb'r  such  conditions,  l"oi  it  iiiiist  iioi  lie  for;;ottcn  that  if  Her 
."SIa.jest,\'s  (Joverninciit   pioreeds  diiiiiin'  this  s«'aliiiy  season  upon  the 

ladiaii  sealers,  no  choice, 


liasis  of  it  ^  coiiteiil  ion  a 


t'.th 


li-ht^of  theCai 


is  left  to  this  ( loxeiiiiiiciit  but  to  proceed  upon  the  basis  of  its  c(»nlideiit 
eonti'iitioii  that  pela;4ic  scaiinji-  in  the  riehiin;;'  Sea  isan  iiifracti<ai  of  its 
jurisdiction  and  property  li.nlits.     Mis  loidsiiip  will   hardly  fail  to  see 
this.     I  let  rill.  Ill  the  opinion  of  the  I 'resident,  consists  tiie  j;ravity  of  the 
IMcsent    sitiiat  ion,  aiiil  h«'  is  not  williii;;  to  l)«' found  in  any  dej^ree  re- 
spoiisiiile  tor  the  results  that  may  tbilow  the  insistence  l)y  either  (!ov 
ernmeiit  (liiriii;^  this  season  upon  the  e\ti cine  ii;nhts  claimed  by  it.     In 
his  opinion  it  would  discredit    in  the  eyes  of  the  world   the  two  ^reat 
(btvernments  inxolved  if  the  paltr.\  protits  of  a  sin;;le  seascm  shoiihl  be 
allowed  t<»  thwart  or  even  to  disturb  the  homuable  and  friendly  adjiist- 
iiieiit  of  their  ditlcreiices,  which  is  so  nearly  ciuiclndcd:  but  if  his  hud 
ship  shall  adhere  to  his  refusal  to  iiiiit*'  with  us  in  prompt  and  etfectivc 
measures  to  stop  ]»elaj;'ic  sealinji',  and  shall  insist  upon  free  sealing'  lor 
British  siilijects,  the  iiuestion,  as  it  alfects  this  (io\eriinient,  is  no  lonj^er 
one  of  pecuniary  loss  or  jiaiii,  but  one  of  honor  and  self  resi>ect. 

This  Governmeiit,  notwithstandiiijj'  the  fact  that  its  ri;;lit  to  take 
seals  upon  the  I'ribilof  Islands  is  undisputed  and  wholly  uninvolved 
in  the  Arbitration,  has  projiosed  to  take  no  prolit  from  the  island  catch, 
but  to  limit  the  takinj;"  of  seals  to  the  necessities  of  tin'  iiativ»'s  of  those 
islands,  and  it  can  not  consent  that,  with  indemnity  (U-  without,  the 
contested  rights  of  Uritish  subjects  to  catch  seals  in  the  I'.ehrin^  Sen. 
shall  be  exercised  pending  the  Arbitration.  The  I'resideiit  liiids  it 
ditliciilt  to  believe  that  Liud  Salisbury  is  seriou.>^  in  pro|)osiu;i  thai  this 
Government  sliall  take  separate  bonds  iVoiii  the  owners  of  about  one 
hundred  Canadian  sealin.i;  vessels  to  indemiiil\  it  Ibr  the  iii.jni'N  they 
may  severally  iiilli<'t  u[»oii  our  Jurisdiction  or  [iroperty,  and  must  do 
4(J 


% 


kL/i 


'Ir-i; 


^f 


k*! 


302 


DIPLOMATIC    roUKKSl'UNIH'.NCK. 


cliiu'  toilisciiss  a  siijfyj'stinii  wliidi  (tiily  liis  ics|M'ri  iiu  I, mil  Siilislmry 
>in<l  liis  he)  iff  tliiit  liis  lunlsliip  has  :i  <ln<>  ii|i|iivriiiliuti  ot  t  lie  uiiiN  ity  of 
lliis  disciissiuii  t-iiiiltlf  liiiii  In  lit-iil  willi  snioiiNiirss. 

Wt'  slumld  (liiuhtlt'ss  liiivc  to  iniisiu-  iiiiil  «-ii|»tiii«'  iipnii  tlu'  sea  iiiiiiiy 
ol'  Jlic  owiHTs  (»r  tlidsf  vessels  to  setiire  tlie  ImhhIs  sii;:<;('ste(|,  iiliil  as 
file  eniHlitloii  js  to  l>e  that  the  nl)li;^ois  shall  pay  "any  damages  which 
i\\o  Arhitratois  may  ailJiHlmc,'"  while  the  treaty  ;iives  the  Ariiitrators  no 
power  to  adjiid^t'  any  dania<;'es,  the  transaction  would  lie  without  risk 
to  tlie  obligors  and  of  no  value  to  us. 

This  (iovernnietit  can  not  consent  to  lia\e  what  it  l»elie\es  to  he  its 
ri}:'hts  destroyed  lU'  iinpairrd  pending  tlieir  determination  by  an  a^^rced 
trilMinal,  howevci*  adeipiate  the  siM-urity  olVcred.  'I'he  reference  in  my 
last  note  to  tlie  inconsistency  of  Her  Majesty's  (lovernnu'nt  in  denyinj; 
rcspoMsihility  for  the  acts  of  the  Canadian  sealers  was  not  intended  to 
sufificst  a  willin;;iu'ss  on  our  part  undi-r  any  ciicumstances  to  see  our 
pi'opeity  c(»n\frted  into  a  claim  for  daniajnes,  and  particularly  as  such 
a  claim  can  mit  now  he  heard  or  determined  hy  the  Arbitrators  w  ithout 
a  relbi-mation  of  the  treaty,  for  his  liadship  must  remember  that  while 
he  now  otVcrs  what  he  mistakenly  calls  "security  for  satisfying;'  an,\ 
dainap-s  which  the  Aibitrators  may  adjudjic,"  he  has  already  carried 
his  point  in  the  treaty  that  the  Arbitrators  shall  have  no. jurisdiction  to 
award  any  danm^cs. 

As  to  his  lordship's  su^;>'estion,  that  < 'amuliaii  sealers  may  have  some 
(daim  tbi'  compensation  if  (iicat  iWitain  shall  restiain  pelagic  sealing;', 
the  I'resideid  directs  me  to  say  that  he  is  not  aide  to  see  latw  the  citi- 
zens or  subjects  of  I'ither  of  the  treaty  powers  can  by  any  rule  of  law  or 
e(juity  support  any  claim  ajuainst  their  respectixe  jiovernments  j^rowinji' 
out  of  such  necessary  tiadc  restraints  as  the  j;(»\ei  nments  may  lawfully 
impose  to  promote  tlie  lar<;er  considerations  of  the  public  ^^ond  and  in- 
ternational pt'ace. 

The  sujificstion  that  th«' conclusions  of  the  Hoard  ol  Aibitrati<ui  may 
not  be  reached  and  announced  in  time  to  govern  the  conduct  ol  the 
])arties  dnriiij;-  the  season  of  \S\K',  is.  I  think,  fully  provided  aj^ainst  by 
the  treaty  itself.  . 

His  lordship  is  mistaken  as  to  the  time  that  has  (dapse<l  since  the 
sijiiiiiifi"  ()f  the  Dela^i'oa  IJay  a^in-ement  with  Toitujial.  It  is  not  four 
years  old.  but  less  than  one.  the  date  of  si^iiiinj;  beinji'  .lune  !,'},  l.stll. 

If  the  present  treaty  is  promptly  ratiti(>d  and  e\clian;;i'd  our  mutual 
interest  would  be  an  ample  guaranty  ajiaiiist  delay.  The  IMcsidoit 
has  fonntl  no  obstacle  in  th<'  way  of  such  a  consummation,  except  the 
belief  now  indbrtiinately  very  inevalent  here  that  the  refusal  of  (!rcat 
]>ritaiii  to  ajin'c  tt)  the  preseivation  of  the  shiliis  <iiii>  of  the  property 
dnrinj;'  the  Arbitration,  and  liei'  insistence  that  i»cla]iiic  sealiiiji  shall  ;;(/ 
on.  to  the  injury,  if  not  destruction,  of  our  iij;hts,  lar^^cly  defeats  the 
object  <d"  the  treaty. 

The  PresiiU'iit  directs  me  to  say,  in  conclusion,  that  tlu'  modus  of  last 
year  is  the  least  tliat  this  (lovernment  can  accept.  In  reas<»ii.  the  re- 
straints, after  a  treaty  of  arbitration,  should  be  nioie  absolute,  no)  less. 
lie  does  not  desire  to  protract  this  discussion,  and  liaxinj;  now  in  the 
most  friendly  s|)irit  sulunitted  the  c<uisideratioiis  which  supp<uttlie 
Just  demand  of  this  (Jovernment  that  the  jtrijpertN  whi(di  is  the  snliject 
of  an  ajiieed  arbitration  shall  not  l>e  subject  to  spoliation  pendiiij;  the 
arbitration,  he  expresses  the  hope  that  hord  Salisbury  will  jii\e  a 
j»rompt  and  frieiully  assent  to  renew  the  modus. 

The  President  will  hear  with  re<i'ret  that  Her  .Majesty's  (lovernment 
coutiuues  to  assert  a  right  to  deal  with  this  subject  jirecisely  as  if  no 


MoiMs  vivr.Nhi  or  i«!t2. 


.•i(;3 


pntvisioii  1i:i<l  IxM'ii  niiiilf  Utr  a  scttlniiciit  of  tlir  dispute:  iiiitl.  in  lliiit 
event,  lliis  (iMveiiiMienl.  its  has  iiliciiHy  Imm-ii  |iointe<|  out.  will  Ite  mni. 
l»elle(l  t<t  (leal  willi  the  siiltjeet  iipdii  the  same  Itasis,  aiitl  to  iisr  eveiy 
means  in  its  power  In  pinteet  from  destinetion  or  seiions  injniy  prop- 
erty andjniistlietioiial  ri;(lits  wliieli  it  lias  Ion;;' elaimetl  ami  enjo.vetl. 

I   have,  tin"  honor  to  he,  with  the  liiH;he.st    eonsideiation,  sir,  your 
obedient  servant, 

NVll.LIAM    I'.  Wll  \|{  ION. 

Acdiiij  Sicrrliu'i/. 


Sir  •liilitni  I'oiiiinJ'ntc  (n  Mr,   W'linrtou. 

VN'AMllNti  roN,  Mtmli  •.>(!,  /vo?. 

Sir:  T  have  the  hon(»r  to  inform  you  that  F  Inive  reeeiv<'d  the  rejily 
of  Her  MaJesty'H  (i(»v«'rnnn'nt  to  the  note  wiiieh  you  addressed  to  me, 
on  the  "Jlid  instant,  l»y  direction  of  the  {'resident,  on  the  sul»jeet  of  the 
renewal  of  the  iiioihis  rircmli  in  iielniii;;  Sea  durin;;'  tln'  approaehin{; 
fur  seal  lishin^  season. 

The  Martpiis  of  Salisbury  states  that  notiee  has  been  ^iven  t<»  the 
owners  of  ships  sailiu;;  fop  liehrin;;  Sea  that  lM)th  the  agreements  which 
aie  at  present  under  diseussion  Itctween  (In-at  IJritain  and  the  United 
States,  that  as  to  arbitratinii  and  that  as  to  an  inunediate  agreement, 
may  alfect  the  libeit,\  of  st-alinj;-  in  llehrin;;  Sea.  They  have,  therelbre, 
notice  of  their  liability  of  possii»le  interrupticui,  and  will  sail  sultjeet  to 
that  notice.     The  tpiestion  of  time  is  not,  conseipu'utly,  urgent. 

I  am  to  n'<|uest  you  to  inform  the  I'resident  that  Her  Majesty's  (iov- 
ernnu'Ul  concur  in  thinking  that  when  the  treaty  shall  liase  been  rali- 
lled  there  will  arise  a  new  state  of  things.  Intil  it  is  ratitied  their 
conduct  is  ^oveined  by  the  laii^ua^c  eontained  in  the  note  which  I 
had  the  honor  to  address  to  Mr.  HIain*'  on  -lune  It,  liSOO.  Hut,  when 
ratified,  both  parties  must  admit  that  contingent  ri;;hts  ha\e  become 
vested  in  the  other,  which  both  desire  to  piotect. 

Ilei  Ma.i<'sty's  (i«»ve!iMnent  think  that  the  pi'ohil>ition  of  sealing,  if 
it  stands  aloiu-.  will  \n'  unjust  to  lliitish  sealers,  if  the  decisicui  of  tiie 
Arl»itrators  slu»uld  bead\«MSc  to  the  I'ni  ted  States.  They  are.  howfver, 
willing,  when  the  tieaty  has  been  ratitied.  to  a;;rec  to  an  arraii;;<'meht 
similar  to  llial  of  last  year,  if  the  I'nited  Stales  <  ioxcnimeMt  willciMi- 
scnt  that  the  .Vrl>itrators  should. in  tin-  e sent  (»f  a  decision  ad \  er.se  to  I  iM- 
I'Miti'd  Slates,  assess  the  damages  wliieli  tin  prohilijtion  otsealin;:  shall 
have  iullicted  on  Ibitish  sealers  dm  in^  the  pendemy  of  tiie  Ai  iiilra- 
t  ion  ;  and.  in  the  event  of  a  decision  adx  erse  to  ( Ireat  Ibifain,  that  t  hey 
should  assess  the  damages  which  the  liinitati(Ui  of  a  slaughter  shall, 
during'  tlu;  pendency  of  the  Arbitraticui.  have  iiMlicted  on  the  I  niteil 
States  oi'  its  lessees. 

As  an  alteinate  course.  Her  Majesty's  (Jovi'i'iiment  are  also  willinj;, 
after  the  ratitication  of  the  treaty,  to  prohibit  sealing'  in  the  disputed 
w ateis,  if  vessels  be  excepted  from  the  prohibition  w  liicli  produce  a  <'er- 
tilicate  that  they  have  ^iveii  security  for  such  danui^esas  the  Arbitra- 
tors may  as.sess  in  case  of  a  <lecision  adverse  to  (Ireat  Mritain;  the  Ar- 
bitratcu's  to  receive  the  necessary  authority  in  that  behalf.  In  this  case 
the  restriction  of  the  slauyhter  on  the  islamls  will  not  in  point  of  e«pnty 
be  neeosRnry. 

Hei'  Majesty's  (iovernuu'Ut  are  unable  to  see  any  other  than  one  of 


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tlK'se  two  methods  of  restricting  seal  liuntiiift'  in  tlie  disimtetl  waters 
during  the  arbitnitiou  ^\aich  will  be  ecjultabh'  to  both  parties. 

I  have  the  honor  to  be,  with  the  highest  consideration,  your  most 
obedient  humble  servant, 

Jl'LlAN   PALNCErOTE. 

The  lion.  William  F.  Wharton,  etc. 


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Sir  Julian  Pauncefote  to  Mr.  Wharton. 

BUITISU  LbOATTON, 
Washington,  March  26, 1892. 

Sir  :  With  reference  to  my  previous  note  of  this  date  and  to  the  dis- 
cussions which  have  taken  place  regarding  the  claims  of  our  respective 
Governments  to  compensation  in  relation  to  the  fur-seal  fishery  in 
Behi'ing  Sea,  I  have  been  instructed  by  the  Marquis  of  Salisbury  to  state 
that  he  is  not  prepared  to  admit,  as  he  gathers  tliat  the  President  thuiks, 
that  Her  Majesty's  Government  have  objected  to  the  Arbitrators  having 
jurisdiction  as  to  damages  inflicted  in  the  past  by  the  party  against 
whom  the  award  is  given.  He  only  objected  to  make  Her  Majesty's 
Government  liable  for  acts  which  they  have  not  committed.  His  lord- 
sli'p  is  ready  to  consent  to  a  reference  on  this  point  in  the  following 
terms: 

"  That  in  case  the  Arbitrators  shall  decide  in  favor  of  the  British  Gov- 
ernment, that  Government  may  ask  them  further  to  decide  whether  the 
United  States  Government  liave  since  1.S1S5  taken  any  action  in  Behring 
Sea  directly  inflicting  a  wrongful  loss  on  British  subjects;  and  if  so,  to 
assess  the  damage  incurred  thereby. 

"  That  in  case  the  Arbitrators  shall  decide  in  favor  of  the  United 
States  Government,  that  GovernnuMit  may  ask  them  to  decide  further 
whether  the  British  (lovernment  have  since  1885  taken  any  action  in 
E'  hring  Sea  directly  inflicting  a  Avrongful  loss  on  the  United  States  or 
its  lessees;  and  if  so,  to  assess  the  damage  incurred  thereby." 

I  have  the  honor  to  be  with  the  highest  consideration,  sir,  your  most 
obedient  humble  servant, 

Julian  Painceeote. 

The  HoiL  William  F.  Wharton,  etc. 


1 1 


lljpi'il 


ARTICLE 

By  Dr.  J.  A.  ALLEN. 

Curator  of  the  Ai-nerioan  Museum  of  Natural  Hifitory. 


Dr.  .1.  A.  Allon, 
iiiitiinilist,  etc.,  jiikI 
ciinilor  ill  tilt!  Ainci'i- 
can  \lus*!iiin  of  Nat- 
ural History,  etc. 


INTRODUCTION. 

Tlie  following  paper  Ims  been  pieixued  at  the  request  of  the  Secre- 
tary of  State  of  the  United  States  by  Dr.  J.  A.  Allon, 
by  profession  a  naturalist  and  a  specialist  in  nianinial- 
ogy  and  ornithology,  and  at  present  and  for  the  last 
seven  years  curator  of  these  departments  in  the  Ameri- 
ican  Museum  of  l!fatnral  History,  in  New  York  City; 
fonnery  for  many  years  curator  at  the  Agassiz  Museum  of  Comparative 
Zoology,  at  Cambridge,  Mass.  Dr.  Allen  has  given 
special  attention  to  the  study  of  the  pinnii)edia,  or  seal  Exper.e...  c. 
tribe,  for  twenty- five  years.  In  1870  he  published  a  paper  on  the  fur-seals 
and  sea-lions  of  the  northwestcoastofXorth  America  entitled  "On  the 
Kare<l  Seals  {Otariida;),  with  Detailed  Descriptions  of  the  North  Pacific 
Siiecies,"  etc.  (Bull.  Mus.  Oomp.  Zoiil.,  ii,  pp.  1-108,  Pll.  i-in,  Aug., 

1870),  andin  1880  a  monograph  of  theNorth  American  Pinnipediaentitled 
"History  of  North  American  Pinnipeds;  a  Monograph  of  the  Wal- 
ruses, Sea-Lions,  Sea- Bears,  and  Seals  of  North  America"  (8°,  i)p 
i-xvi,  1-785,  1880,  forming  Vol.  xii  of  the  Miscel.  Publ.  of  the  llayden 
U.  S.  Geolg.  Survey),  and  in  1887  a  paper  on  "The  West  rn<lian  Seal 
{MonftchuN  fropiealin)''  (Bull.  Am.  Mus.  Nat.  History,  ii,  pp.  I-.U,  l>ll 
I-IV,  April,  1887). 

SG5 


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i     III* 


III 


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ji»' ^^wyrSr-~..raK,-:^-.:,-,jj;;^::p8^7faf'y*r-gi^.-i:Yri 


NORTHERN     FUR-SEAL  fCaUorhJuuts ursmuus )  Oldmale. 


HARP    SEAL     (Phoca  i/roPnlnndica  )  Old  tnalo 


PA  RT    I. 


A  SYNOPSIS  OF  THE  PINNIPEDS,  OR  SEALS  AND  WALRUSES, 
IN  RELATION  TO  THEIR  COMMERCIAL  HISTORY  AND 
PRODUCTS. 


CiiiiiiMiiii  Soal,  Kart'd 
Sual,  and  Walrus, 


AucoAtors  of. 


Uopoiidoiice  on  the 
laud. 


The  cominou  seals,  the  eared-seals,  and  the  walruses  form  a  well 
marked  yroui)  of  the  caruivorous  mammalia,  eonstitii- 
tiiijf  a  suborder  (Piiifiipedia)  of  the  order  Carnivora. 
They  are  carnivores,  especialJy  modified  for  aquatic 
locomotion  and  semiiKiuatic  life.  Their  ancestors  were 
doubtless  land  animals,  probably  more  nearly  allied  to 
the  bears  than  to  any  other  existing  mammals.  They 
are  still  deijendent  on  the  land  or  on  fiehls  of  ice  for  a 
resting  place,  to  which  they  necessarily  resort  to  bring 
forth  their  young.  They  are  thus  very  unlike  the  sea  cows  and  the 
whale  tribe,  which  are  strictly  aquatic,  bringing  forth  tuiir  yo'uig  in 
the  water,  and  entirely  unfitted  for  locomotion  on  land. 

Tiic  gieat  tribe  of  Pinnipeds  is  divisible  into  three  quite  distinct 
minor  groups  termed  families,  namely,  the  walruses 
(family  Odobenidce),  the  eared-seals  (family  Otariidw)^ 
and  the  common  or  earless  seals  (family  Phocidw). 
These  groups  differ  notably  from  each  other  in  many 
ture.  The  walruses  agree  with  the  eared-seals  in 
the  structure  of  the  hind  limbs,  being  able  to  turn  the 
hind  fetit  forward  under  the  body,  which  are  thus  to 
some  degree  serviceable  as  locomotive  or  gaus  on  land,  and  enable  them 
to  progress  by  a  clumsy  and  mu(!h  const  rained  method  of  walking.  In 
the  true  or  earless-seals,  on  the  other  hand,  the  hind  limbs  can  not  be 
turned  forward,  and  thus  on  land  can  take  no  part  in  locomotion;  they 
remain  permanently  exteuded  iu  a  line  parallel  to  the  axis  of  the  body. 
This  diversity  in  the  structure  and  function  of  the  hind  limbs  involves 
more  or  less  modification  of  the  entire  skek'toii.  It  is  also  reHcctcd  in 
the  whole  manner  of  life  in  the  two  groups.  Aside  from  this,  there  are 
other  important  structural  differences,  affecting  especially  the  skull 
and  dentition. 

The  following  synopsis  of  the  Pinnipedia  is  intended  to  present  a 
classified  list  of  the  species,  with  a  brief  statement  of  synoi.sis  of  Pinni 
their  distribution,  habits,  and  commercial  uses.  p«'"» 


g  1 

Piiinipod.i. 

points  of  struc- 

Dlft'er  notably  from 
from  oaiih  other. 


367 


368 


Airncij;  nv   i>i;.  .i.  a.  allen. 


Mini! 


iili!i:'i. 


\m 


iii 


Atlantic  Walrus. 


Family  ODOBENIDyG. 

WALRUSES. 

The  walruses  are  cluuat^terized  by  their  thick,  heavy  form,  the  ab- 
stiiiee  of  external  ears,  the  (leveh)pmeiit  of  the  eaniiie  teeth  into  enor- 
mous tusks,  and  the  correhited  great  expansion  of  the  facial  portion  of 
the  sladl.  The  hind  feet  are  capable  of  being  turned  forward  to  aitl 
in  terrestrial  locomotion. 

Tiie  two  existing  species  of  walrus  constitute  the  genus  Odobcnus 
JJriss.     [TiH-hvchuH  of  many  autluu's;  not  of  Linnieus,  17o8).    There 
are  several  extinct  forms,  usually  referred  to  other  genera.     The  exist- 
ing walruses  are  now  Arctic  in  distribution,  although  formerly  their 
habits  extended  miuih  further  south  than  at  present. 
1.  ATLA.NTIC  Walrus.     Odohanm  ronmarm  (Linn.). — The  Atlantic 
walrus  greatly  resembles  the  Pacific  walrus  (O.obesHs), 
externally,  l)ut  the  front  of  the  head  is  much  narrower 
and  less  deei>,  and  the  tusks  are  shorter  and  mort;  divergent,  resulting 
in  a  very  different  facial  expression.     The  essential  differences  are  in 
tht!  cranial  characters,  where  the  differences  are  strongly  i)ronounced. 
At  the  close  of  the  glacial  period  the  Athmtic  walrus  ranged  as  far 
south,  on  the  eastern  coast  of  North  America,  as  Vir- 
"'*"'^"  ginia,  and  as  hite  as  the  middle  of  the  sixteenth  cen- 

tury was  abundant  off"  the  coast  of  Nova  Scotia.  In  Charlevoix's  time 
there  was  an  extensive  walrus  fishery  at  Sable  Jsland.  During  the 
latter  part  of  the  eighteenth  century  they  were  hunted  extensively  at 
the  Magdalen  and  other  islands  in  the  Gulf  of  St.  Lawrence,  where  as 
many  as  fifteen  or  sixteen  hundred  were  stmietimes  killed  in  a  single 
onslauglit.  Through  whohisale  destruction  for  their  oil,  hides,  and 
tusks  they  were  speedily  exterminated  south  of  Labrador.  They  are 
now  rarely  met  with  south  of  Hudson  Bay,  Davis 
the  far  gtrait,  and  the  coast  of  Greenland;  more  to  the  north- 
ward they  still  exist,  but  only  in  comparatively  small 
numbers.  They  have  been  found  as  far  north  as  explorers  have  pene- 
trated. 
On  the  coast  of  p]uroi)e  the  walrus  has  occurred  within  historic 
times  as  far  south  as  Scotland,  and  strayed  to  the  Ork- 
neys as  late  as  1857.  There  is  good  evidence  that  it 
also  regularly  frequented,  two  or  three  centuries  ago, 
the  coast  of  Fiumark.  It  ranged  thence  eastward  on  the  Siberian  coast 
as  far  as  the  mouth  of  the  Yenesei  River.  Its  princii)al  places  of  re- 
sort, however,  were  Spitsbergen,  Nova  Zembla,  and  the  smaller  islands 
of  the  Arctic  Sea.  In  this  region  the  walrus  has  been 
o/tlie  waiTiw!""*'"^  relentlessly  hunted  for  its  commercial  products  since 
the  beginning  of  the  seventeenth  century.  During  the 
early  part  of  this  century  (1G03  to  1612)  thousands  were  killed  annually 
by  English  seamen  for  their  oil  and  tusks,  first  at  Cherrie  Island,  and 
later  at  Si)itzbergen.  The  slaughter  was  continued  by  the^iutch, 
Danes,  and  S])aniards  till  too  few  were  left  to  render  the  pursuit  of  them 
longer  profitable,  the  whale  fishery  then  supplanting  walrus  hunting. 
The  persecution  of  the  walrus,  however,  continued  as  opportunity 
favored,  either  for  its  commercial  products  or  for  sport, 
^™  until  its  extermination  in  these  w.aters  has  seemed  only 
a  question  of  time.  Prof.  Alfred  Newton,  writing  in 
1864,  said:  "Now  they  are  hemmed  in  by  the  packed  ice  of  the  Polar 


Iiihabita 

llUI'tll. 


Tlie     Walrus 
uuitliprn  Europo. 


Extermination 
ininvnt. 


SYNOPSIS    OF    PINNIl'KDS. 


3<i9 


Jau  Mayuu  Sfiiti. 


Seji  on  tln^  onr  sidt'  iiud  their  iiicrcilcs.s  ciieiiiies  on  the  otlicr.    TIio 

result  can  not  adnut  of  any  donltt Its  numbers  art' a|>|)a- 

rently  decreasinj;'  witli  woeful  lapidity.  The  time  is  certainly  not  very 
fur  distant  when  the  Trichirliiis  rosmnndi  will  be  as  extinct  in  tiie  Spitz- 
l)er}^en  seas  as  Kluftina  (ficfus  (Steller's  sea-cow)  is  in  those  of  liering's 
Straits."     (Troc.  Zoiil.  Soc.,  London,  18<J4,  i».  .")()0.) 

As  late  as  1875  about  a  dozen  sailinj;-  vessels  were  -Mij«aj;e<l  re;;nlarly 
in  hnntinti'  the  walrus  between  Cape  Kanine  and  tiie  ni(aith  of  the 
Kara  River.  (Hei».  U.  S.  Comniis.  Fish  and  Fisheries,  Pt.  iii,  1S7(»,  \). 
5i».)  The  Norwefjian  sealers  and  winders  have  continued  the  slaughter 
as  opportunity  favored,  the  catch  in  the  Jan  Mayen  si'as, 
from  1S7(S  to  1.S84,  averafi'injj-  about  4.'iO  walruses  per 
year.     (Bull.  U.  S.  Fish  ('ommission,  vi,  188l>,  p.  27:!. 

Ac<'ofdin<«-  to  Mr. Thomas  Soutiiwell's annual  "Notes  on  the  (iJritish) 
Seal  and  Whale  Fishery,"  published  in  the  Zoologist.  l.S8;{  to  18!L',  Wal- 
rus hunting-  is  still  incidentally  carried  on  by  the  whalers  in  J^avis 
Straits  and  Cundieiland  (iulf.  In  his  account  of  the 
season  of  188.")  he  states  that  "  about  one  hundred  and  i^"^i»«'™t«- 
ninety  walrus  "  were  killed  by  tin;  Davis  Strait  whalers.  Kespecting 
the  status  of  the  Atlantic  Walrus  at  this  date,  he  mak<'S  the  following 
interesting  statements:  "The  (ireenland  vessels  rarely  meet  with  the 
walrus,  as  it  is  ])retty  well  extermimited  at  Spitzbergen  by  the  Norwe- 
gians; an  occasional  solitary  individual,  however,  which  has  betiome 
carnivorous  aiul  wandered  far  from  his  native  shore  in  search  of  seals, 
is  sometimes  met  with  far  out  at  sea.  At  Franz  Josef  Land,  according 
to  Mr.  Leigh  Smith,  they  are  very  nunicrims,  and  I  am  also  informed 
that  in  Frobisher  Straits  they  are  still  plentiful;  nnueover,  on  both 
shoresof  Davis  Straits,  owing  to  the  whaleis  being  in  too  great  a  hurry 
to  reach  the  north  water  to  stop  to  hunt  them  systenmtically,  they  are 
still  abundant."  (Southwell,  Zooh)gist,  188«>,  pp!  101, 102.)  lie  rei>i>rts 
the  capture  of  320  walruses  by  the  (xreenland  whalers  in  1880;  about 
500  in  1887,  311  in  1888,  312  iii  1880,  00  in  1800,  and  215  in  18!M. 

2.  Pacific  Walrus.     Odobeiius  obesiis{Ul.). — The  home  of  the  Pa- 


cific walrus  is  the  islands  and  coasts  of  Bering  and 


I'acilic  Wnlrus. 


Uses  of  Walrus. 


the  Arctic  seas.  It  formerly  occurred  in  considerable 
numbers  as  far  south  as  the  Aleutian  chain,  and  probably  i)assed,  at 
times,  somewhat  to  the  southward  of  these  islands.  It  was  om-e  abun- 
dant at  the  Pribilof  Islands,  and  at  St.  Mathews,  St.  Lawrence,  Nuni- 
vak,  Diomede,  and  other  islands  in  Bering  Sen,  and  on  the  Alaskan 
coast  at  Kotzebue  and  Noiton  sounds,  Bristol  Bay,  and  eastward  to 
Point  Barrow.  On  the  eastern  ami  northern  coasts  of  Asia  it  formerly 
ranged  from  Karaginskoi  Islan<l,  in  about  latitude  00°,  then(!e  north 
ward  and  westward  to  about  the  mouth  of  the  Kolyma  River. 

The  walrus  has  always  been  an  important  animal  to  the  natives  of 
the  coasts  itfreciuented,  by  whom  many  were  annually 
killed  for  their  flesh,  hides,  and  tusks,  the  tiesh  being 
used  for  food,  the  skins  for  covering  their  summer  habitations,  for  plank 
ing  their  baidarkas,  for  harness  for  their  dog  teams  and  lines  for  their 
fishing  gear,  and  the  tusks  for  varitms  implements  and  for  purposes  of 
trade.     (Scammon,  Marine  ^Mammalia,  p.  180.)    They,  however,  killed 
so  few  as  not  to  seriously  decrease  their  numbers.    As  late  as  1821 
herds  end)racing  thousands  of  inlividuals,  it  is  re- 
l)::rted  on  good  authority,  were  seen  in  Bering  Sea.      wainis  in  HdM,.; 
According  to  Captain  Scannnon,  as  late  as  1873,  "in-  klm  c'usi'.'"  ""  ■^''*' 
mimerable  herds  still  resort  in  the  summer  months  to 
diilert'iit  jioints  jji  the  southern  or  central  coasts  of  AUiska,  particularly 
47 


li 


>;i  ■ ' 


370 


ARTICLE    UY    DK.    J.    A.    ALLEN. 


WusU'ful  killing. 


at  Aiiiak  Isliiml  niid  Point  >[(>IIcr,ou  tlio  iiortheni  shor^'of  tli«'  Alaskan 
IM'iiiiisiila."    (Maiiiie  .Mammalia,  p.  I.S(K)     In   1S(]S  tlii'  I'acihc  wall  us 
bcyan  to  attiiu't  tlic  cniiidity  of  tin*  wiialcrs.  and  (liiilny;  tlio  lollowiii}'' 
five  years  it  is  estimated  that  they  destroyed  (»0,()(M>  in  JJerin;;-  Sea  and 
tlie  Arctie  Ocean  for  tbeir  oil  and  tusks.     "  Uetween  the  years  IHli)  and 
18S()  there  were  brought  to  market  1,!>!»0,()0()  gallons  of  oil  and  3J>.S,,S68 
l>ounds  of  Walrus  ivory,  these-  amounts  rei>reseiitiiig  the  destruction  of 
not  far  from  10(>,(M)0  animals."    fFrederie  A.  Lucas,  Keport  U.  S.  Na- 
tional MustMiin,  18.S8-'81>,  ]).  020.) ' 
"  If  the  whalers  reach  IJeriiig  Strait  before  the  ice  breaks  up  tln^y 
remain  on  the  coast  and  often   hunt  the  walrus  for 
nin.tingtho  Walrus,  ^^.^j^^    together,  with  startling  and  serious    results. 

Last  year's  campaign  was  considered  successful,  as  about  11,0(M)  wab 
ruses  were  secured,  most  of  them  within  the  Arctic  Sea.  IJut  to  attain 
this  result  between  .'{(),(MM)and4(>,(M)0aniinals  were  killed, 
so  that  only  one-third  of  the  number  destroyed  were 
actually  utilized.  There  can  be  no  (bmbt  as  to  the  ultimate  conse- 
(piences  of  such  glaring  improvidence,  but  last  year  they  were  so  pain- 
fully apparent  as  to  touch  even  the  hard  hearts  of  those  who  occasioned 
them.  Not  that  the  whalers  were  moved  to  compassion  by  the  victims 
themselves,  but  by  the  siilVcrings  of  the  human  beings  who  were  de- 
prived of  their  <'hief  source  of  subsistence.  The  hardy 
fomr**  **"^ '"*"^''*  "*  tribes  in  the  neighbtuhood  of  Bering  Strait  literally 
can  not  exist  without  the  walrus,  and  so  long  as  they 
Avere  its  only  human  enemies  the  number  destroyed  was  inconsiderable. 
But  the  herds  soon  dwindled  under  the  superior  weapons  and  appli- 
ances of  civilized  nations  and  the  survivtus  retreated,  like  the  whales, 
towards  the  pole.  By  the  end  of  last  season  not  a  single  walrus  was 
„    .      „   „„„.    left  on  the  coast,  and  the  immediate  result  was  sucii  a 

1  amine  among  na-     ,.,,,..  ,,  , .  ii      .     ..  i     , 

tivcH  caiiaed  by  tie-  tcmble  tamiiie  among  tlie  natives  that  the  whah'is 
stiuctim.  »f  Walrus,  themsclvcs  speak  of  it  remorsefully.  The  population 
south  of  St.  Lawrence  Bay  has  been  reduced  one-third,  and  in  a  village 
which  formerly  counted  two  hundred  inhabitants  only  one  man  sur- 
vived. Several  of  the  w  balers  have  consequently  refused  to  take  any 
part  in  future  walrus  hunts  on  the  coast.  They  as.sert  that  for  every 
hundred  animals  killed  a  native  family  must  perish  by  starvation,  and 
theywill  not  incur  so  heavy  a  resi)onsibility."  (London  Field,  Mar<!h 
28,  1880,  p.  381.  See  also  Allen,  North  American  Pinnii)eds,  pp.  708, 
709.) 


Family  OTARIID^E. 

EARED  SEALS. 

The  eared-seals  may  be  distinguished  externally  by  the  possession 
of  small,  narrow,  pointed,  external  ears,  a  slender  form,  lengthened 
neck,  and  hind  limbs  capable  of  being  turned  forward  and  used  in  ter- 
restrial locomotion.  They  also  differ  from  the  walruses  (ui  the  one 
hand  and  the  seals  proper  on  the  other  in  important  cranial  and  skel- 
eton characters. 
The  eared-seals  are  confined  mainly  to  the  islands  and  coasts  of  the 
southern  oceans  and  the  North  Pacific.  None  oocur 
in  the  Atlantic  north  of  the  thirtieth  parallel  of  south 
latitude.  They  are  polygamous,  and  resort  to  the  lan<l 
to  breed,  where  they  spend  almost  continuously  alxmt 
one-third  of  the  year.  1  )uring  tue  breeding  season  the 
old  males  gather  about  them  a  considerable  number  of  females,  which 


C<mfln<>d  to  south- 
ern ocoau.-i  and  North 
Pacitic. 

Habits  of  Eared 
Seals. 


BYNOl'SIS    OF    riNNIl'KDS. 


371 


tlioy  Jciilonsly  fjiiiinl  IVoni  tln'ir  liviils,  iind  n\i'v  wliicli  for  many  weeks 
tliey  I'Xi'rcise  tyiaiiiiiciil  Jurisdiction.  Tlio  yoiinj;'  riircd-si'iils  ]»iiss  the 
lirst  six  or  (>i<;iit  weeks  of  tiieii'  lives  wholly  on  tlie  land,  and  at  first 
enter  th«'  watei'  reluctantly,  beiii};-  tauyht  to  swim  hy  theii'  mothers. 
A  very  younj;'  seal  if  placed  in  the  water  and  left  to  itself  will  (|uiekly 
drown. 

The  eared-seals  fall  into  two  ^•roui>s,  one  of  which  includes  the  sea- 
lions  and  the  other  the  fur-seals,  or  "sea  bears"  of 
the  early  writers.  In  tlui  sea-lions  the  pelade  is  harsh  s.ai!,'/''""*'  '""'*''"■■ 
and  witliont  under  fur,  and  their  skins  possess  small 
comnier<*ial  value,  beinj:'  useful  only  for  the  pn-pa ration  of  a  i)oor  cpiality 
of  leather.  They  arc,  however,  very  fat,  and  consequently  immense 
innnbers  have  been  killed  for  their  oil.  Their  products  are  thus  siini- 
hii'  to  those  of  the  seals  proper. 

The  fur-seals  have  a  vt'ry  soft  pelaji'c,  with  abundant  under  fur, 
forming'  the  well-known  seal  fur  of  c(unnier<'e.     These 
animals  have  been  incessantly  hunted  for  their  skins  i.'jl'j'ri'ur" 
for  a  century.     So  indi    'riminate  ami  relentless  has 
been  the  slaujihter  that,  with  the  exception  of  ;i  few  snmll  rookeries 
which  have  received  f;'overnnu'ntal  prot«'ction,   the    fur  seals   of    the 
southern  hemisphere  liav«'  been  foi-  many  years  practically  externn- 
uated.     (See  part  11  of  this  paper  entitled  "  Fur  seal  Hunting  in   the 
Southern  Hemisphere'  post.) 

Authorities  differ  greatly  as  to  the  number  of  species  of  eiired-seals, 
owing  to  the  scarcity  of  specimens  in  uatiu-al  hisbuy 
museums.  Although  so  many  millions  have  been  killed  sc^J"!'""' 
for  commercial  pur])oses,  there  is  not  a  good  series  of 
specimens  of  these  animals  in  uny  scieiitilic  nuiseum.  The  following 
list  of  genera  and  s[»e(;ies  is  pi-obably  sullicMcntly  accurate  for  use  in  the 
])i'esent  c<mnection.  Conunercially  they  ure  all  fur-seals,  although  the 
size  of  the  animal  and  the  (piality  of  the  fur  varies  more  or  less  at  dif- 
ferent localities. 


Section   1.— EARED   HAIR-SEALS    OR   SEA-LIONS   (Tricho- 

phocacse). 

I.— Genus  OTARIA  Peron. 

1.  SoiTUKitx  Ska-Liox  Otaria  juhala  (Foist). 

Rahitat:  Galai)agos  Islands  and  coasts  of  Scuith  America,  from  Peru 
and  the  Rio  de  la  Plata  southward;  Tierra  del  Fuego  and  Falkland 
Islands,  etc. 

Formerly  abundant  and  extensively  hunted  for  its  oil.  Now  so  re- 
duced ill  iiumbers  as  to  be  of  little  commercial  importance. 


Eared 


II.— Genus  PHOCARCTOS  Peters. 

2.  Ai'CKi.AND  Sea-Lion  Phocarclos  hooleri  (Gray)- 

Hahitat :  Auckland  Islands. 

Little  is  known  of  this  rare  species,  which  was  probably  once  com- 
mon at  the  islands  to  the  eastward  aiul  southward  of  New  Zealand. 


372 


ARTICLE    HY    Ml    .1.    A.    ALLEN. 


in— Genus  EUMETOPIAS  GiH. 
3.  Stkm.kii'h  Sr.A-LioN   I'Jiniivlnpian  nlvlleii  (rett'VH). 

nahifof :  Shoves  and  islainlsof  tlu'  North  Pacilic,  fVoin  r»«'iiii}j  Stvait 
suiithward  to  Calitoinia  anil  Jax)an. 
Formerly  («'i}ilitr«Mitli  (U'litury)  almndaiit  ahnig  tlic  coast  of  Kam- 
,^  „   ,        .,        cliatka,  from  the  Kurih'  Ishuids  northward.     Tlierc  is 

Stellar  M  Sen- Lion,  ,:i,         '  ii  •  i.    ii         ii  ii  i    i    .    i  «•    ii 

8tdl  a  8nia1i  colony  at  tlu^  Faralloii  Islands,  oil  tht^ 
coast  of  California,  and  other  considerable  loloines  at  tlu^  I'ribilof, 
('onninnnler,  and  other  small  ishmds  in  IJerinj;'  Sea.  It  is  also  fonnd 
in  fji"*'i>t«'ror  less  nnnd)era  in  some  of  the  Aleutian  Islands,  and  at  a  few 
points  on  the  Alaskan  coast,  |>rincii)ally  of  the  Aleutian  chain. 

It  has  at  proseid  no  commercial  value,  and  is  killed  chietly  by  the 
natives  of  the  coast  and  islands  of  IJerinji'  Sea,  to  whom  it  is  of  great 
s«'rvice,  every  i)art  being  ntili/.i'd,  either  for  food,  i'lcithin}-,  or  imple- 
ments. 

IV.— Genus  ZALOPHUS  GiH. 

4.  CAUFoiiMA  Ska-Lio.V  ZiiIoiiIiiih  rnJiforuitanin  (Lesson). 

ITahitaf:  Coast  and  islands  of  California,  from  lower  California, 
about  latitude  2.'$'^  north  to  San  Franci.sco. 

This  species  was  extensively  hunted  tor  its  oil  duriujn'  tln'  first  half 
of  the  present  (H'utury,  in  consequence  of  which  its  numbers  becam*' 
fi'reatly  reduced.  It  is  now  not  mufh  nndested,  as  it  yields  no  com- 
mercial products  of  value.  This  is  the  sea-lion  commonly  seen  in 
zoiilogical  {gardens  and  menageries. 

5.  Gray  Sea-Lion.    Zalo]>hu8  ciiiereua  (IVron). 

Hahitat:  Coast  and  islands  of  New  Zealand  au<l  Australia;  perhaps 
spariufi'ly  northward  to  Japan. 

During  the  first  half  of  this  century  this  s])ecies  was  extensively 
hunted  for  its  oil,  the  pursuit  ceasing  only  when  the  animals  became 
so  reduced  in  luuubers  as  to  render  the  business  no  longer  profitable. 

Section  IL— FUR-SEALS  (Ouliphocacae). 
v.— Genus  CALLORHINUS  Gray. 

6.  NoKTUEHN  FriJ-Si'.Ai,  Callorhinus  iirainua  (Linn.). 

Hahitat:  The  Islands  in  Bering  Sea;  at  ju'esent  chiefly  the  Pribil of 
and  (Jommander  Lslauds,  migrating  southward  in  winter  along  the 
American  coast  to  California,  and  along  the  Asiatic  coa.st  to  the  Ku- 
rile  Islands. 

This  is  the  si)ecies  so  well  known  as  the  source  of  the  sealing  in- 
dustry at  the  I'ribilof  and  Conninnider  Islands  in  I>e- 
mmuier  liinn.ii  *"'""    i'">S'  Sca.    Although  millions  of  fur-seals  have  been 
killed  here  during  the  last  hundred  years,  the  killing 
has  been,  for  the  most  i)art,  conducted  under  restrictions  imitosed  by 
the  Russian  and  the  United  States  governments,  witli 
Birima  unuU s^^^^^^^      "  ^''®"  ^^  securing  the  i)ermanent  lUH^servation  and  \no- 
ductiveness  of  the  herds.     Of  late,  however,  the  herds 


it 


HYNOI'SIS    OK    I'lNMl'KDS. 


373 


KxccMsivc  liiiiiliiiLi 


at  tln'se  isluiids  liavt"  siin'crcd  <>ri!at  rcdiM-tioii   in  (Mniseiineiu'o  of  |m'- 
layic  soaliiiu  in   tin'   Noitli   I'arilic  and    lU'iina  Soa, 

1  •    1     •,.  -•  1  J.  11  •      ii      •  I'll  Kxteriiiiiiiitiiiii  Ifoin 

winch  it  continneu  iinist  rcsnit  in  tlicir  piai'tical  (>\t<>r-  inOa-ir  ><.niiii- hinai- 
niinatinn — a  t'at<'  that  lias  ovcitakeii  nearly  all  of  tln'  '""" 
many  tortnorly  populous  fnr-scal  rookeries  in  the  southern  lieinisphere. 
For  many  years  past  the  Trihilof  and  Coiinnander  Island  rookeries 
have  furnished  nine-tenths  of  all  the  fnr-seal  skins  obtained  for  eom- 
mereial  purposes. 

VI.— Genus  ARCTOCEPHALUS  F.  Cuv. 
7.  Caufokxia  PcinSkai,  Afctoccphnhix  sji.  uov. 

TTahiiat:  Islands  ott'  the  coaatof  IiO\v«'r  California,  froinCerros  Fsland 
northward. 

Formerly  lar^e  nninhers  of  fur-seals  were  taken  at  the  San  IJenito, 
('erros(or  Cedros),  (Juadalnpe,  Santa  IJarbara,  and  other  islands  otf 
the  coast  of  Ijower  California,  and  also  on  the  coast  of 
the  mainland.  Thou;"'!!  torinerly  abundant  at  all  these 
points,  they  have  beeoiue  nearly  exterminatc'd  by  the  indiseriininate  and 
jiersistent  attacks  of  the  seal  hunters. 

T'ntil   recently   the   furs*  il .  off  the   Lower  California   noast  were 
supjxtseil  to  be  the  same  as  the  Ai  iska  spe(;ies,  but  Dr. 
Merriani  has  re<'ently  obtained  skulls  from  the  old  kill-   Ai'.i's'.kVsl !li'.  "  "'" 
ill};' ftionnds  on  (luadalupe  Island  which  show  that  it  is 
not  only  aditterent,  and  :•  -  v'eta  piobably  undeseribi'd  species,  but  that 
it  is  referable  to  tlie  f^emis  Arctocciihalus,  n(»t  previ(tusly  known  to 
o(U'ur  north  of  the  equator.    It  is  resident  the  whole 
year  oil"  the  California  coast,  and  i«'sorts  to  the  caves  on   roMHM.i'raiilmiiia!''' 
the  islands  it  frecjuents  to  briny  forth  its  younji'.     In 
these  respects  it  resembles  the  fur-seals  of  the  Cfilapajios  Islands,  to 
which  it  seems  to  be  closely  related. 

The  following;'  historical  notes  may  be  of  interest  in  the  present  con- 
nection : 

In  1825  Ca]>t.  lienjamin  Morrell  cruised  aloiif>'  the  west  coa.stof  Mex 
ico  and  California  in  search  of  fur-se.als.     Under  date 
of  May  20,  1825,  he  writes  that  he  arrived  at  Cape 
Blanco,  in  latitude  42^  49'  X.  "Between  this  ca])e  and 
that  of  Mendocino,  which   is  in  latitude  40°   17'   N. 
.    .    .    there  are  many  small  islands  and  rocks,  some 
of  which  lie  3  mih\s  fnnn  the  main.    On  these  islands 
or  keys  I  expected  to  tind  fur-seals,  whereas  I  found  them  all  manned 
with  Russians,  standinj;  ready  with  their  ri tics  to  shoot  every  seal  or 
sea-otter  that  showed  its  head  above  water."    (Miurell,  Voyajnes  and 
Discoveries,  p.  212.)   Continuing  southward,  "  perceiving  little  jtrospect 
of  taking  fur-seals  on  any  part  of  the  coast  which  the  Russians  have 
monopolized,"  he  reached  Socorro  Island,  in  latitude 
180  53'N.     "At  C  a.  m.  the  boats  were  despatched  to     ^™"""^'''""''- 
examine  the  island  in  sear<'h  of  fur-seals;  but  returned,  after  a  faithful 
inspection,  without  seeing  more  than  twenty  animals  of  that  species. 
They  saw  about  300  sea-leojiards  and  1,500  hair-seals."     (//>/>/.,  ]>.  213.) 

He  visited  Guadalupe  Island  earlier  in  the  season 
and  says:  "  We  lay  here  three  days,  during  which  time 
we  took  a  numb  '^  of  lur-seals.".  A  few  days  later 
he  visited  Cerros  Island,  aisd  sent  out  boats  to  search 
the  island,  but  neither  sbk^s  nor  sea  t'lephants  were 
seen.    lie  says:  "There  are  many  tine  tish  to  be  caught  around  this 


Voyiifio  of  Ciiptaiu 
Monoll  in  IH^."). 


Coast  of  Mexico  and 
Cnlifoniiii. 


(March  27-31), 

(iiinilnliiiiu  Lslaiul. 
Ct'iros  Tslaiid. 


\ 


ft! 


374 


ARTICLE    UY    niJ.    J.    A.    ALLEN. 


i,i„ ; 


iJiiiil 


Criiizn.s  Island. 


Isliinils  (list.  (.'Iriii- 
(111,  SI.  Uaibiini.  St. 
Kosii.  1111(1  SI.  Mijf.' ■!. 

siiys  "  without 

Fiiralloii  Islands. 


isliiiKl,  antl  it  was  (onnciiy  a  jjrcat  ro.sort  for  sca-clepliants  and  fur- 
s<'al;;  Init  it  now  appears  to  lie  cntiivly  ahaudoned  by  tlicse  animals." 
(//>/</.,  p.  1JM5.)  On  Ainil  8  he  landed  at  Ceni/.as 
Island,  in  about  latitude  3(P,  in  search  of  fur-seals, 
but  found  only  sea-leopartls  and  sea  elephants,  about  400  of  the 
former  and  SOO  of  the  latter.  Later  (Ajjiil  23  to  May 
5)  he  "  examined  the  islands  of  St.  Clement,  St.  Bar- 
bara, St.  liosa,  and  St.  Miguel,''  for  fur-seals,  but,  he 
mueli  success,"  altliouj>h  he  saw  a  few  sea-elephants 
and  many  "sea-le(>i)ards."  On  May  11  he  ariivcd  at 
the  Farallon  Islands,  of  which  he  says:  "Many  years 
ago  this  place  was  the  resort  of  numerous  fur-seal,  but  the  Kussians 
have  made  such  havoc  among  them  that  there  is  scarcely  a  breed  h'ft. 
On  this  barren  rock  we  found  a  liussian  family  and  twenty-three  Co- 
diarks,  or  Northwest  Indians,  with  th«'ir  bark  canoes.  They  were  em- 
ployed hi  taking  sea-leopards,  sea-horses,  and  sea-<'h'i»hants  for 
their  skins,  oil,  and  flesh,  the  latter  being  jerked  for  the  Kussian  mar- 
ket on  the  Northwest  Coast."  {Ihid,  pp.  10.S,  110.) 
Captain  Scammon  refers  to  the  former  oc<'urrence  of  fur-seals  at  San 
Benito  Islands  and  on  the  "  coast  of  California,"  where, 
he  says,  "many  beaches  were  fountl  fronting  gullies, 
where  [fur]  seals  in  large  numbers  formerly  gathered ;  and  as  they  had 
plenty  of  gi-ouud  to  retreat  upon,  the  sealers  sometimes  drove  them  far 
enough  back  to  make  sure  of  the  whole  herd,  or  that  i)ortion  of  them 
the  skins  of  which  were  desirable."  (Scammon,  Marine  Mammalia  of 
the  Northwest  Coast,  pp.  152,  154.)  Unfortunately  Captain  Scanimon's 
account  gives  no  delinite  datv^s,  but  the  period  referred  to  must  have 
been  prior  to  the  year  1850.  lie  also  refers,  in  Mr.  J.  Ross  Browne's 
"  Resources  of  the  Pacitic  Sl(»i)e"  (p.  128),  to  (iuadalupe  and  Cerros 
Islands  as  having  been  ftninerly  favorite  resorts  of  fur-seals  and  sea- 
elephants. 


San  JSvnito  Islands. 


8.  Ji'AN  Feunandez  Fur-Seal  Arctoceplmhta plnl'q)p\i  (Peters). 

ITahitnt:  Islands  of  Juan  Fernandez  and  Mas-s'v-Fuera,  and  probably 
the  coast  of  Chili  and  adjacent  islands.  Probably,  also,  the  St.  Felix 
Gr<mi>  and  the  Galapagos  Archipelago. 

The  above  name  was  given  in  18()(i  to  the  fur-seal  of  Juan  Fernan- 
dez and  Mas-ii-Fuero.  AVhether  distiiu^t  from  the  fur-seal  of  Pata- 
gonia, Tierra  del  Fuego,  the  Falkland,  and  other  islands  to  the  south- 
ward has  not  as  y(^t  been  satisfactorily  determined,  owing  to  lack  of 
good  series  of  si)e('iinens  for  comparison  from  these  ditterent  localities. 

While  formerly  abundant  at  all  the  localities  above  named,  it  has 
for  many  years  been  practically  extinct,  commercially  considered. 


9.  Southern  Fur-Seal,  Arctocephahia  auatralin  (Zimm.). 

Hahifat:  Southern  coasts  of  South  America,  from  the  southern  border 
of  Brazil  and  Chili  southward ;  also  Falkland  Islands  and  Tierra  del 
Fuego,  and  probably  also  the  South  Shetland  and  South  Georgian 
Islands  and  the  Sandwich  Gnmp. 
Formerly  imnieuse  rookeries  of  this  species  existed  at  many  points 
within  the  area  above  given  as  the  habitat  of  the  siie- 
Kxcrssn.imntinK.    ^j^^^  ^^^^^  ^^.  ^^^  i,„„to(i  by  the  scalcis  ahiiost  to extinc- 
tion during  the  half  century  ending  about  the  year  1835.    At  the  pres- 
ent time  too  few  are  found  anywhere  to  render  the  pursuit  of  the 
animals  profitable. 


SYNOPSIS    OF    PINNIPEDS. 


375 


The  Soutli  Slictliiiids  are  iiotod  for  tlu^  superior  quality  of  fur-seal 
skins  obtained  there,  and  it  is  not  iniinobable  that  an 
examination  of  specimens  from  there  and  from  the 
South  (ieorgian  Islands  would  show  them  to  be  speci- 
tically  separable  from  the  Falkland  Island  and  Pat- 
iiyoniau  species. 


Siiiitli  Slii'llaiiil   Ls- 
laiiils. 

Si  III  111  Ueui'giaii  Is- 
IhuiIs. 


10.  SouTU  Afhicax  Fiu-8i;Ar,,  Arctovephahis  dclnlantJi  (CiTay). 

Habitat:  Shores  and  adjacent  islands  of  the  west  coast  of  Scmth  Africa, 
north  to  about  latitude  28°  S. ;  also  Tristan  d'Acunha  and  (Jou.nh 
Islands. 

TIm^  slaughter  of  hundreds  of  thousands  of  these  fur-seals  tor  their 
skins  during?  the  early  part  of  the  present  century 
brought  the  s])ecies  to  the  verge  of  extinction.  Of  late 
years  the  snuiU  remnant  existing  on  the  west  coast  of 
Cape  Colony  have  been  preserved  from  extermination 
through  the  protection  of  the  Colonial  Government  of 
Cai>e  Colony. 

The  fur-seal  of  the  Tristan  d'Acunha    group    an<l    Cough  Island, 
where  formerly  thousands  were  killed  annually,  is  pro- 
visionally referred  to  this  species. 


Kxccs.sivo  hiiiitiii" 


(ioveriimiMitprotdc- 
tioii. 


Tiistau     irAriiiiliii 
anil  (iiMii:h  Ulaiul. 


11.  Kkhguei-EN  Fuk-Skal,  Arclovtphalux  gaztUa  (Peters). 

Hahitat:  Kerguelen  Island,  St.  Paul  and  Amsterdam  Islaiuls,  and 
jirobably  the  Crozet  and  Prince  Edward  Islands. 

This  species  has  the  same  history  as  the  preceding — once  abundant 
at  all  the  gr<mi)s  of  islands  above  named,  there  have  been  for  the  last 
forty  years  not  enough  of  them  left  to  be  of  real  conunercial  imi)or- 
tance. 

12.  New  Zkalaxo  Fui!-Si;ai,,  .irclocrplKiluH  forsleri  (Lesson). 

Habitat:  Coasts  and  adjacent  islands  of  New  Zealand,  southwestein 
Aiistralia,  and  Tasmania,  and  the  Oceanic  Islands  to  the  southward 
and  eastward  (Chatham,  IJounty,  Antipodes,  Auckland,  Camjjbell,  Mac- 
quarie,  etc.). 

This  si)ecies  has  the  same  history  in  respect  to  former  abundance  and 
subsequent  decrease  to  the  verge  of  extinction  as  the 
l)receding  si)ecies.     Of  late  years  i\w  few  remaining  p/ouxUmjf'" '''"'"''"' 
within  the  jurisdiction  of  the  colony  of  New  Zealand 
have  received  government  [uotection. 

Habits  of  Southern  Fur-Seals  (Genus  ArctocepMlm). 

The  habits  of  no  wild  animal  during  the  breeding  season  an;  perhaps 
better  known  than  are  those  of  the  Northern  or  Alaskan  Fur-Seal.  The 
tinuM»f  their  arrival  in  sju-ingat  the  Pribilof  rookeries,  rheir  polygamouH 
an«l  gregarious  h.abits,  the  luannerof  rei)roduction,  and  the  character  and 
behavior  of  the  different  classes  of  seals  coTustituting  the  herds  have 
again  and  again  been  re<'ountcd  with  the  utmost  detail.  Much  less  has 
been  written  of  the  habits  of  the  various  Southern  fur-seals,  but 
enough  has  been  recorded  by  the  early  explorers  and  by  intelligent 
sealing  nuisters  to  show  that  fur-seals  everyMJiere  have  the  same  gen- 
eral habits.  The  very  «'areful  observations  of  Delano,  Fanning,  Wed- 
dell,  and  especially  of  Morrell,  made  during  the  early  part  of  the  present 


h 


3 


-ST 


^i«pi 


liPlllliiH 


316 


ARTICLli    I$Y    mi.    J.    A.    ALLEN. 


century,  an;  licro  trans«;ribed  as  of  s[)eciiil  interest  in  the  i)ieseut  cou- 

nection. 
Capt.  Aniasa  Delano,  wlio  visite<l  Mas-a-Fnero  and  tlie<'oastof  Cliile 
Ar.omit  of  habits     ^**^'  ^^^^''^^^^^^^  al)out  tlie  be<«iniiinji'  of  the  jtresent  cen- 

ity   ('iii)t.  Di'imi.).      tnry  (17J)8  and  hiter),  has  left  the  followinj;'  account  of 
their  habits:    " Seals  in  the  s(nitherii  latitudes  yo  <ui 


it'JS. 


slua'c  in  tlu'  months  of  November  or  Decend)er,  for  tlie  purpose  of  brin;;- 
iufi'  forth  their  y<mn5;'.  They  meet  toj^ether  at  that  time,  male  and  fe- 
male, and  remain  near  the  shore  «)r  on  it  i'umi  that  tinu'  till  August  or 
Septeud)er,  when  they  go  off  to  sea  altogether.  When  they  come  on 
shore  they  creep  up  sometimes  100  or  200  rods  from  the  water.  They 
bring  forth  their  young  and  nurse  them  in  the  same  manner  as  the  «'a- 
uine  species  do,  and  for  several  weeks  after  are  as  helpless  and  sonu'- 
tliing  similar  to  a  y«mng  pup.  Tlie  young  ones  are  perfectly  ignorant 
of  swinuning  until  live  or  six  weeks  old,  when  the  dam  drags  them  to 
the  water  by  the  neck  and  learns  [sic]  them  to  swim.  .  .  .  They 
copulate  on  shore.  The  females  go  eleven  months  with  young,  acconl- 
ing  to  the  best  cahnilation  we  were  able  to  make.  They  seldom  have 
more  than  one  and  never  more  th.an  two  pups.  Their  young  never 
conu'  on  shore  during  the  first  year  after  they  are  carried  off"  to  sea." 
(I)elan<>,  Voyages,  p.  307.) 
The  following,  from  Capt.  Edward  Fanning,  who  had  a  long  personal 
experience  as  a  sealer,  gives  some  additional  infcama- 
b  ATirVaniiintr''*'''  ^ion  relating  to  the  fur-seals  of  the  same  region  as  the 
■*  '"' '  '"  '  "'  i)receding:  "The  clap-nmtches  seldimi  have  more  than 
one  young  at  a  time,  although  sometimes  tw(»;  it  is  at  this  season  par- 
ticularly that  the  wigs  (old  males)  are  very  savage,  never  hesitating  to 
fly  at  an<l  attack  with  great  spirit  any  person  wlu>  ventures  to  approach 
them.  They  live  upon  lish  and  marine  productions;  st(nies  also  have 
been  found  in  their  maws.  .  .  .  They  migrate,  and  with  the  season 
return  to  the  shore  and  herd  in  rookeries  on  the  rocks,  and  in  the  gul- 
lies, returning  to  the  water  again  when  the  season  is  over;  at  this 
time  the  animal  is  very  lean,  so  much  so  that  the  skin  has  become  very 
l(»ose  about  it;  nothing  m«n'e  after  this  is  seen  of  them  until  the  fol- 
h)wing  season,  when  they  are  to  be  observed  coming  up  again  to  the 
shore  exceeding  plump  and  well-filled;  where  they  retire  to  to  get  so 
fat  is  something  1  never  couhl  understand;  it  is  also  true  that  they 
have  been  met  at  sea  shortly  befoie  going  (Ui  sh<«'e  in  large  shoals 
swimming  through  the  water  towards  their  haunts,  much  like  a  shoal 
of  herring-hogs,  or  i)ori)oises.  In  calm  weather  and  a  smooth  sea 
they  have  l>een  seen  floating  along,  hundreds  tog«'ther,  and  asleep, 
with  but  the  nose  and  two  of  their  Hijipers  sticking  up  out  of  water, 
which  at  a  distance  api)ears  like  the  trunk  of  a  tree  with  its  roots 
aihtat;  when  caught  thus  asleep  they  can  easily  be  taken  by  the  har- 
p(»on  (U'  speai',  by  approaching  them  silently."  (Fanning,  V(>yages, 
pp.  .'{.■)(»,  li.'jS.) 
Capt.  Benjamin  Morrell,  in  his  "Narrative  of  Four  Voyages  to  the 
v.icmiit  of  habits  ^outii  Sca,"  et(^,  duriug  the  years  1821  to  1831,  mainly 
hv  '  ('!ii)t.  '.Moiiiii  for  the  (*apture  of  seals,  makes  freipient  reference  to 
'*^-'  '**"•  their  habits,  from  which  the  following,  relating  more 

especially  to  the  fur-seals  of  Staten  Land,  is  taken:  "These  ami)hibi- 
ous  animals  come  on  shore  in  the  month  of  Noveniber  to  bring  forth  and 
nurse  their  young  .  .  .  where  they  remain  until  May.  They  often 
form  their  rookeries  100  to  200  yards  from  the  water.  They  bring  forth 
and  nnrse  their  young  as  the  canine  species  do,  and  for  two  weeks  after 
I  heir  birth  the  young  ones  are  as  helpless  as  canine  pu^is  of  the  same 


lii 


SYNOPSIS   OF    PINNIPEDS. 


377 


ago.  The  art  of  swiiimiiiig,  it  ii]»iioai's,  is  not  tlieirs  by  instinct,  as  tliey 
know  nothing  about  it  until  taught  by  their  i)art'nts.  When  thoy  are 
three  or  four  weeks  old  the  mothers  drngtheni  to  the  water  by  the  neck 
and  give  them  their  tirst  lesson  in  the  science  of  a<|uatic  locomotion. 
They  copulate  on  shore,  and  the  female  goes  about  ten  months  with 
young.  According  to  the  best  calcidation  1  can  make  they  seldom  pro- 
duce m  -re  than  one  pup  at  a  birth,  and  uever  more  than  three;  and  the 
young  ones  uever  come  <m  shore  duriug  the  tirst  year  of  their  lives." 
(Morrell,  Voyages  and  J)iscoveries,  pi>.  (};},  (id.,) 

The  same  writer  further  says:  "The  striking  disparity  of  size  be- 
tween the  male  and  feuuile  is  also  worthy  of  remark.  „.  ..  .. 
The  large  male  is  about  t  teet  lu  length,  wlu-reas  the 
fenude  uever  exceeds  4  feet.  The  large  males  are  not  the  most  nunuT- 
ous;  but  being  the  most  powerful  they  are  enabled  to  keep  in  their 
l)Ossessions  all  the  females.  At  the  time  of  parturition  the  number 
of  uuiles  [leffe  fenuiles]  attending  one  female  [lef/c  niale;  obviously 
there  is  hore  a  transposition  of  terms]  is  in  the  ]»ro]K)!,ion  of  about  one 
to  a  dozen;  a  ]»roof  that  these  animals  are  the  great«'st  polygamists  in 
the  world,  not  even  excei)ting  the  Turks.  Tlujt  they  are  gregarious 
and  social  is  evident  to  the  jnost  sui»erlicial  obseiver  who  surveys  their 
rookeries,  where  they  herd  together  in  classes  and  at  dittereut  ju'iiods. 

"Warnu'dby  thecheeriug  iutiuenceof  an  antarctic  spring,  the  nudes 
of  the  largest  size  go  on  shore  about  the  1st  <»f  Novi  n- 
ber,  corresponding  to  our  May,  and  there  await  the  arri-  '^"-'■"'""  ■"^^'■'''*- 
val  of  the  females,  which  happens  abcuit  the  1st  of  Deceud»er.  This,  of 
course,  is  an  annual  assignation  and  o( curs,  as  regularly  as  the  migra- 
tion of  our  northern  sha<l  from  the  ocean  to  the  fresh-water  rivers,  for 
purposes  perfectly  analogous.  As  soou  as  the  female 
seal  makes  her  appearance  at  the  <'dg-»'  of  the  beach, 
one  of  the  most  gallant  of  the  males  immediati'ly  takes  her  under  his 
protection.  It  seldom  hapi)ens,  however,  that  he  is  not  obliged  to  sus- 
tain his  right  by  one  (►r  more  cianbats  with  his  rivals.  While  the 
males  are  fighting  in  the  most  desperate  mann<'r,  the  object  of  their 
Idood.N  feud  sits  calmly  looking  on,  contemplating  tlu'  fray  with  appa- 
rent <ielight,  au<l  no  little  self  com i)lacenc,y.  .  .  .  The  proud  victor 
now  ctuiducts  his  lovely  prize  from  the  late  scene  of  contention  up  to 
the  rookery  i)repared  for  her  accommodation.  .  .  .  When  the  female 
has  selected  her  lodgings  and  become  settled  in  the  rookery,  her  i>art- 
uer  is  unrendtting  in  his  cares  to  afford  her  protection,  .  .  .  u<u' 
does  she  evince  the  slightest  indications  of  jeahuisy  while  he  is  showing 
the  sanu' polite  attentions  to  a  dozen  other  wives.  .  .  .  IJy  the  last 
of  J)ecember  all  of  the  females  have  accomi»lished  the  jmrpose  for 
which  they  came  on  shore. 

"  When  these  animals  are  for  the  tirst  tinu^  visited  by  man  they  evince 
no  more  ap|>rchension  of  danger  from  their  new  guests 
than  did  the  natives  of  San  vSalvadiU'when  first  visited  „t^fl';lt"''''""'  "''  """ 
by  the  Spaniards:  and  the  confi(h>nc«'  of  the  ])(M)r  seals 
is  requited  in  the  same  nnniner  as  theirs  was — by  robbery  and  uuu'<ler. 
In  fact,  tlu'y  will  lie  still  while  their  companions  are  slaughti'red  and 
skinned.  I»ut  they  soon  become  ac(puiinted  with  the  barbarous  char- 
acter of  their  invaders,  withdiaw  their  ill-jdaced  confidence,  ami  avoid 
the  fatal  intiniiicy.  They  now  ac<|uire  habits  of  distrust  and  (-aution, 
a  :d  devise  ways  ami  nu'ans  for  <'ountera<-ting  human  strategem  an«l 
treachery.  They  select  more  solitary  retreats,  on  the  t(»|is  of  iciiks, 
beneath  high  projecting  clitt's,  tiom  which  they  can  j)recipitate  theui- 
^6 


I'i'i>p{i;iiilic)n  (if  hi'iiIm. 


'■I>1 


378 


ARTICLE    HY    DR.    J.    A.    ALLEN. 


I  l: 


selves  into  tlie  water  the  iiKnnent  they  perceive  tlie  ajiproach  of  theii 
ui'ch  enemy. 

"  Wliih^  eiieaniiH'din  tlieir  rookeries  three  or  four  sentinels  are  always 
s.iiiiii.isi..>«i(..i  bv  I'O'^ted  to  keep  a  lookout  while  the  others  sleep;  and 
sjais  tor  siir'piotLi:-   the  moment  a  boat  niak«'s  its  ai>pearaiu'e,  though  it  bo 
"""•  a  mile  from  the  shore,  these  faithful  watchmen  promptly 

give  the  alann,  when  in  an  instant  the  whole  rookery  is  in  motion. 
Every  one  makes  for  the  surf  with  all  possible  expeditifm,  so  that  by 
the  time  tlie  boat  reaches  +he  shore  they  will  nearly  all  be  in  the  water, 
with  the  excei)tion  of  a  few  females  that  have  pups  or  young  ones  to 
take  care  of.  These  will  remain  to  defend  and  i>roteet  their  charge  until 
the  last  monuuit,  when,  if  hard  pushed,  they  will  seize  their  pui>s  by  the 
back  of  the  neck  with  their  teeth  and  dive  into  the  surf,  where  tlnjy 
are  obliged  to  hold  the  heads  of  the  pups  above  water  to  prevent  their 
suffocation.  *  *  *  The  males,  many  of  them,  will  also  stand  their 
ground  aud tight  very  hard  for  the  young  seals;  often  they  Mill  perish 
in  the  noble  cause.  *  *  * 
"  When  excited  their  motions  are  very  quick,  like  the  Hash  of  a  gun  on 

touchingthematch;  hence  the  name  of  c/rt^>wrt/(7<,  which 

sailors  apply  to  the  female.  In  pursuit,  their  speed  (on 
land)  is  nearly  etjual  to  that  of  a  ntan,  and  much  swifter  on  the  rocks 
than  could  be  anticipated  from  their  appearance. 

"  About  the  latter  end  of  February  the  dog-seals  go  on  shore.    These 
,  are  the  young  male  seals  of  the  two  jtreceding  years; 

"'^'"^'"'"  but,owingtotheiryouthand  inexperience, are  notyetal- 

lowed  to  attend  the  pregnant  females  or  "  clapmatches."  The  purpo.ses 
for  which  they  now  seek  dry  land  are  to  shed  their  coats,  and  give  the 
new-starting  crop  of  line  hair  a  chance  to  grow.  By  the  1st  of  May 
these  objects  are  eflected,  when  they  again  take  to  the  ocean,  and  are 
seldom  seen  near  the  shores  again  until  the  1st  of  July,  when  they  ap- 
l^ear  and  disappear  alternately,  without  or<ler  or  any  ostensible  pur- 
pose, for  the  period  of  i  month;  after  which  they  are  seen  no  more 
until  the  1st  of  SepteniiKT  following.    During  this  month  a  herd  of 

young  seals,  male  and  female,  resort  to  the  shore;  and 
soais"^*^  °^  mntuie  y^jj^^i,  ^hey  tctire  again  to  their  favorite  element,  the 

wigs,  or  large  male  seals,  make  their  appearance  on 
the  land,  for  the  purpose  of  selecting  a  suitable  spot  for  their  rook- 
eries, where  they  are  to  receive  the  clapmatches,  or  females  of  age. 
This  ccmipletes  the  annual  round  of  visits  made  to  the  land  by  fur-seals 
of  all  classes."    (Morrell  Voyages  and  Discoveries,  pp.  74-70.) 

Captain  Weddell,  writing  of  the  fur-seals  of  the  South  Shetland 
Islands,  says:  "Nothing  in  this  class  of  animals,  and  more  particularly 

in  the  fur-seal  of  Shetland,  is  more  astonishing  than 
nmio'8"aiidfomnics.  °^  tlic  disproportion  iu  the  size  of  the  male  and  feiimle. 

A  large  grown  nnile,  from  the  tip  of  the  nose  to  the  ex- 
tremity of  the  tail,  isO  feet  9  inches,  whilst  the  female  is  not  more  than 
;i.i  feet.  This  class  of  nmles  is  not,  however,  the  most  numerous,  but 
being  physically  the  most  p(>werful  they  keep  in  their  possession  all 
the  females,  to  the  exclusion  of  the  younger  branches;  hence,  at  the 
time  of  parturition  the  males  attending  the  females  may  be  computed 
as  one  to  twenty,  which  shows  this  to  be,  perhaps,  the  most  polygamous 
of  large  animals.  They  are  in  their  nature  completely  gregarious, 
but  they  tlock  together  and  asscnd)le  on  the  coast  at  diflerent  periods, 
fc  1  and  in  distinct  chisses.  The  males  of  the  largest  size 
L»a  iig  o  Sea  a.    ^^  ^^  shore  about  the  middle  of  November  to  wait  the 


S?N 


SYNOPSIS    OP    PINNIPEDS. 


3?9 


Ni 


ys  I 


arrivnl  of  the  fomalcs,  which  of  iiecossity  soon  follow,  for  tlio  purpose 
of  briiif^iny  forth  their  youiiy.  These  in  the  early  part  of  December 
begin  to  land;  ;in(l  tliey  are  no  sooner  out  of  the  water  than  they  are 
tiiken  possessicni  <)f  by  the  males,  who  have  many  serious  battles  with 
each  other  in  i)rocuring  their  respective  si'raglios;  and,  by  a  peculiar 
instinct  they  Ciirefully  protect  the  females  and  their  charge  during  the 
whole  period  of  gestation. 

"Uy  the  end  of  December  all  the  female  Seals  have  accomplished  the 
purpose  of  their  landing.  The  time  of  gestation  may 
be  (H)n8idere<l  twelve  months,  and  they  seldom  have  ''■'"i"'"'"*"" "'  ««"""• 
more  than  one  at  a  time,  which  they  suckle  and  rear  api>arently  with 
great  affection.  Uy  the  middle  of  February  the  young  are  able  to  take 
tlie  water,  and  after  being  taught  to  swim  by  the  mother  they  abandon 
them  on  slnne,  where  they  remain  till  their  coats  of  fur  and  hair  are 
completed.  During  the  latter  end  of  February  what  are  called  the  dog- 
seals  go  on  shore;  tliese  arc  the  young  seals  <»f  the  two  preceding  years, 
and  such  males  as  from  their  want  of  age  and  strength  are  not  allowecl 
to  attend  the  pregnant  females. 

"These  young  .seals  come  on  shore  for  the  purpose  of  ren<'wiiig  their 
annual  coats,  which  being  done  by  the  end  of  A])ril,  they  take  to  tin' 
water,  aud  scarcely  any  are  seen  on  shore  again  until  the  end  of  June, 
when  some  young  males  come  up  and  go  ott"  alternately. 

"They  continue  to  do  this  for  six  or  seven  weeks,  aud  the  shores  are 
then  again  abandoned  till  the  end  of  August,  when  a  herd  of  small 
young  seals  of  both  sexes  come  on  shore  lor  about  live  <»r  six  weeks; 
soon  after  they  retire  to  the  water.  The  large  male  s«'als  take  uj)  their 
places  on  shore,  as  has  been  before  described,  which  completes  the  in- 
tercourse all  classes  have  with  the  shore  <luring  the  whole  year. 

"The  young  are  at  first  black;  in  a  f«'w  weeks  they  become  gray, 
and  soon  after  obtain  tlu'ir  coat  of  hair  and  fur.  M,  IJunbu  describes 
the  longevity  of  the  seal  to  be  even  so  great  as  a  hun- 
dred years.  1  have  <'stimated  the  female  seal  to  be  in 
general  at  its  full  growth  within  four  years;  but  possibly  the  nnile 
seal  is  much  hmger,  very  likely  live  or  six  years;  and  some  which  I 
have  contrasted  with  others  of  the  same  size  could  not,  from  their  very 
old  api>earance,  be  less  than  thii-ty  years."  (Weddell,  Voyages,  pp. 
137,  140.) 

The  following  recent  account  of  the  habits  and  breeding  places  of  the 
southern  fur-seals  is  from  the  aflidavit  of  ]Mr.  (leorge      .        *.•.■•. 

,,  1       ,.      i  1         •        •         •      .   ,-«»  1        Account  ot   liiildts, 

Comer, whotortenyears,begiuningin  b^«9,wasengaged  by  Mr.  gcoijio 
in  sealiugin  the  southern  liemisi>here.  He  spent  fourteen 
months  at  a  small  island,  called  by  the  sealers  West 
Clitt",  Chile,  about  100  miles  north  of  the  Straits  of 
Magellan.  The  shores,  he  says,  of  all  the  many  seal 
rookeries  he  visited,  "  are  of  mvich  the  same  character, 
row  beach  line, from  which  cliffs  rise  al)iuptly  to  the  height  of  75  to  l."»0 
feet.  Through  these  are  narrow  itrevasses  in  the  rocks  or  small  raviiu\s, 
where  streams  flow  into  the  sea;  it  is  at  such  points  the  seals  are  to  be 
found.  The!  animals  clamber  up  these  rocks,  often  going  where  it  is 
impossible  tor  man  to  go.  The  climate  of  these  localities  is  i)eculiar. 
The  sky  is  constantly  overcast,  and  during  the  summer  the  average 
temperature  would  be  between  M°  and  4."»o  F.  Kain  falls  lu'arly  every 
day,  keeping  the  atmosphere  constantly  moist,  but  no  hard  storms  take 
plac«^,  the  rain  'illing  in  misty  showers. 

"During  the  jourteen  months  passed  at  West  Clitt",  heretofore  men- 


Loiifti'vltv. 


Comer. 


West  Clitr  ImIhuiI, 
Cliilc. 

There  is  a  nar- 


•m 

"4 


3S0 


ARTICLE    I5Y    DR.    J.    A.    ALLEN. 


1;it-:! 


Tlicrc  is  very  littlo 
winter  and  snnnm'r. 


tioiiod,  I  had  an  excellent  opjiorfunity  t;>  examine  an«l  stndy  tlio  seals 
whieli  treqnent  that  coast.  Alonji'  the  coasts  iind  islainls  nenr  Ca|»e 
Horn  snow  does  not  fall  to  any  extent,  and  never  remains  for  any 
h'ngtli  of  time.  No  ice  forms  alonji'  the  shore. 
It  ots.  u      ditt'erence  in  the  temperatnre  <»l 

The  seals  inliabitin;;  these  shores  do  not  migrate,  hnt 
always  remain  on  or  near  the  land,  only  {?oin}»"  a  short  distance  in 
seanrh  of  food,  .and  at  all  seasons  and  in  every  month  of  the  year  seals 
can  be  fonnd  on  sh(n'(\  Towar<l  the  latter  part  of  October  tlu'  'wigs,' 
or  full-grown  males,  begin  to  congregate  on  the  breeding  rookeries.  A 
'wig'  weighs  anywhere  from  250  to  500  ponnds,  and  must  be  4  or  5  years 
old  before  he  has  strength  and  endurance  enough  to  maintain  a  place 
on  the  rookery.  The  b.atth'sfor  position  between  rival  'wigs 'are  most 
fierce,  but  at  last  they  all  get  tlu'ir  ])laces,  an«l  await  the  coming  of 
the  'clapmatches'  or  females.  Alxmt  the  lOtl-  of  November  the 
females  begin  to  arrive,  and  land  on  the  breeding  rookeiies.  Kach 
'wig'  gets  about  him  as  many  'clapmatches' as  he  can,  the  average 
nund)er,  1  should  say,  being  from  ten  to  twenty.  The  '  wig'  never 
allows  the  'clapmatch'  toleav*'  his  harem  for  some  time,  always  seiz- 
ing her  and  dragging  her  back  if  she  attempts  to  go  into  the  water. 
Almost  immediately  on  landing  the  female  drops  her  jnii),  it  sehUan 
being  more  than  a  (lay  after  they  come  on  shore. 

"  A  '  clai>match  '  gives  birth  to  oidy  one  pu]>,  except  in  rare  instances, 
when  she  has  two.  1  never  saw  but  one  case  wlier*'  a  '  <'la])matcli '  had 
more  than  one  jmp  at  a  birth.  Within  a  few  days  after  the  birth  of 
the  pui>,  the  '  claiunatch'  is  served  by  the  '  wig.'  After  being  served, 
the  '  wig'  lets  her  go  into  the  water  to  feed,  as  she  has  to  do  in  order 
that  she  may  nurse  her  pup. 

"  The  pup  when  born  weighs  about  4  or  5  pounds,  and  is  covered 
with  shining  black  hair,  beneath  which  there  is  no  fur. 
When  four  or  Ave  months  old,  this  black  hair  is  shed, 
and  a  new  hair  of  a  brownish-gray  color  comes  out,  and  the  far  appears 
with  it.  A  pup  does  not  go  into  the  water  until  he  is  three  or  fonr 
months  old,  '.ind  then  he  works  gradually  fi'om  the  puddles  into  the  surf, 
and  1  have  seen  'clapmatches'  in  stormy  weather  pick  up  their  pups 
in  their  mouths  and  carry  tliem  out  of  rea(;h  of  the  waves.  .  .  . 
Until  the  ]»up  sheds  his  black  hair,  he  is  entirely  dependent  on  his 
mother's  milk  for  susteimnce.  ...  A  black  ])up  walks  on  all  fours, 
raising  his  body  moi^e  from  the  ground  than  an  oldcM-  seal.  .  .  .  All 
seals  can  move  very  rapidly  on  land  when  forced  to  do  so,  and  seem  to 
have  remarkable  powers  of  land  locomotion  when  the  formation  of  their 
nippers  and  body  is  taken  into  consideration. 

"The  young  'wigs,'  or  nonbieeding  males,  not  beirg  allowed  on  the 
rookeries,  herd  by  tliemselves  ami  never  molest  the 
harems.    They  go  into  the  water,  but  during  the  breed- 
ing season  hang  around  the  rookeries,  never  going  far  from  shore. 

"  About  the  20th  of  N()vend)er  we  used  to  begin  killing  and  up  to 
that  time  the  '  wigs '  had  never  left  their  positions  to  feed  or  driidi.  1 
do  not  know  how  much  longer  they  would  have  stai<l  there  fasting  if 
we  had  not  molested  them." 

From  the  foregoing,  and  from  much  similar  testiinony  that  might  be 
brought  together,  it  is  evident  that  the  habits  and  ijlaces  of  resort  of 
fui'-seals  is  much  the  same  everywhere. 


Habits  of  pups. 


The  young-  niiilcH. 


SYXOI'SIS    OF    riNNIPKDS. 


381 


y/f 


Family  PHOCIDyE. 


SEALS. 

The  seals  proper,  or  the  h.air-seiils,  have  no  external  oars,  are  short 
necked,  rather  thick-bodied,  and  have  the  hind  limbs 
permanently  directed  bat'kward  and  useless  for  terres        "a"  nhIs. 
trial  locomotion.    Tliey  vary  yreatly  in  si/.e,  from  thecommon  Iiarbor 
seal  only  4  to  5  feet  in  h'Oftth,  and  weijfhinfj  abont  ir»0  pounds,  to  the 
}>igantic  sea-elephant  or  elephant-seal,  whicli  attains  a  h'Ufith  of  more 
tlian  20  feet,  and  a  weight  of  probably  over  2,(KM>  pounds. 

The  seals,  uidike  the  walruses  and  eared  seals,  are  of  almost  world- 
wide distribution,  being  found  on  the  (ioasts  of  nearly 
all  ciamtries,  excei>t  within  tiie  troincs;  they  also  as-      '"'"'''"»  |>"  i""''^ 
cend  many  ot  tlie  larger  rivers  for  long  distances,  and 
occur  in  s<mie  of  the  inland  seas,  as  the  Caspian  and  others  in   Asia. 
Their  ])elage  is  harsh  and  destitute  of  und«'r  fur,  an<l  hence  the  (!um 
mercial  value  of  their  skins  is  comparatively  small.     Seals,  however, 
being  excessively  fat,  are  extensively  hunted  for  their  oil,  of  which  some 
of  the  si)ecies  yield  a  large  am«mnt,  possessing  qualities  which  remh-rit 
a  valuable  (iominodity. 

Seals,  as  a  rule,  are  not  polygamous,  and  resort  to  the  land  or  ice 
fields  to  bring  forth  their  young,  according  to  tlie  spe- 
cies. They  are  also  more  or  less  migratory,  passing  to 
Avarmer  latitudes  in  winter,  and  returning  to  their  breeding  stations  in 
snnnner. 

The  seals  vsiry  much  in  the  structure  of  the  teeth  and  in  the  conforma- 
tion of  the  skull,  in  consequence  of  which  ditterences 
they  are  commonly  separated  into  three  subfamilies, 
naiiu'ly,  (1)  the  I*lioeina\  enU)racing  nearly  all  the  seals  of  tin*  Northern 
Hemisphere,  of  which  the  common  harbor-seal  i.-.  a  good  example;  (li) 
the  (JifntophiU'hhuv,  including  the  hooded-seal  of  the  North  Atlantic 
an<l  tiie  sea-elephants;  (.'i)  tlu'  Ogmorh'mhuv,  confiiu'd  to  the  southern 
and  antarctic  seas. 


Hiibits 


Sulil'iiniilii' 


I.-Subfamily  PHOCIN^E. 

I.— Genus  PHOCA  LINN. 

1.  Haioioii  Skal,  rhoca  ritulhia  Linn. 

RabUat:  Coasts  of  the  North  Atlantic  from  New  Jersey  and  the 
Mediterranean  ncu-thward  to  the  Arcti<'  regions,  coasts  of  the  Noith 
Pacific  from  southern  California  and  Japan  n<u'thward  to  the  Arctic 
regions. 

This  species  was  formerly  much  more  numerous  than  at  present  along 
the  coasts  of  both  continents,  particularly  southward.  Though  not 
eminently  gregarious,  it  was  not  iincomm<m  to  find  a  considerable 
number  associated  together  at  its  more  favorite  iiftoral  rescu-ts.  Owing 
to  the  diflii'ulty  of  capturing  this  species  and  its  comi>arative  scarcity 
and  small  size,  it  has  never  been  of  much  commercial  importance. 

2.  RiNGKi)  Seal,  I'hoca  fovHdaFnhT. 

Habitat:  North  Atlantic,  from  the  coasts  of  Labrador  and  Finland, 
northward,  Bering  Sea  and  the  Arctic  seas  generally. 


m 


m 


382 


ARTICLE    HY    DR.    J.    A.    ALLKN. 


mm 


iitii 


Tlu'  home  of  tlic  riiijjvd-sciil  is  iilinost  ('xclnsively  the  iny  seas  of 
tlu'  iiortli.  It  is  essentially  a  litt<tral,  or  ratlicr  glacial,  sjK'cii'S,  resoit- 
iiiji'  to  the  ieelloes  to  briii};  forth  its  youiij'',  but  passing  most  of  the  yesir  in 
bays  and  fjords.  It  is  a  small  species,  attaining  a  length  of  abont  r» 
feet  and  a  weight  of  about  2(M)  pounds,  when  adidt.  It  is  very  impor- 
tant to  the  Kskimos  as  a  scmrce  of  food  and  clothing.  It  Ikis,  however, 
never  had  much  commercial  importau<'c,  although  the  Scotch  whalers 
buy  their  skins  (with  the  blubber  atta(!hed)  of  the  Eskimos  of  Cumber- 
land S«)und,  to  the  luuaber  of  a  few  thousand  annually. 

3.  Harp-Si'.ai.,  Plioca  grociihtndica  {VnhT.). 

Rahifat:  North  Atlantic,  from  the  Gulf  of  St.  Lawrence  and  tlie 
North  Sea  northward  to  the  Arctic;  Sea;  also  I>ering  Sea. 

The    harp-seal,  known  also  as   the   saddle-back,  white-coat  (when 
young),  Greenland  seal,  etc.,  is  by  far  the  most  imi)ortant  comm<'r<'ially 
of  all  the  true  seals,  being  the  principal  basis  of  the  Newfoundland  and 
Jan  Mayen  seal  fisheries.     It  is  of  medium  size,  having,  when  adnit,  a 
length  of  5  to  <»  feet,  aiul  a  weight  of  (»()()  to  700  pounds,  or  a  little  mor<^ 
when  in  prime  (iondition.    It  is  prei'minently  gregarious,  migratory,  and 
pelagic.     It  is  nowhere  a  ])ermaiient  resident,  and  aniumlly  traverses  a 
wide  breadth  of  latitude.    Although  (jften  met  with  far  <mt  at  sea,  it 
generally  keeps  near  the  edges  of  drifting  ice.     It  appears  never  to  re- 
sort to  tlie  land,  and  is  sehlom  found  on  firm  ice. 
Alxmt  the  beginning  of  March  they  assendde  at  their  favorite  breed- 
„    ,       „     „   ,    lug  stations,  selectingfor  this  purpose  innnense ice  fields 
tar  tromland.     J  hen-  best  known  breednig  grcmnds  are 
the  ice  packs  otf  the  eastern  coast  of  Newfoundland   and  abont  the 
,      island  of  Jan  Maven.    Oft' the  Newfoundland  coasi  the 
Bnedmsr grounds,     y,,,,,,^,.  ,^j.^,  eliietly  bom  between  the  ath  ami   10th  of 

March;  at  the  Jan  Mayen  breeding  gnmnds  between  the  23d  of  ^larcli 
and  the  5th  of  April.  The  femah's  take  up  their  stations  on  the  ice 
very  near  each  other,  the  young  being  thus  sometimes  b(»rn  not  more 
than  3  feet  apart.  The  mah's  a<*company  the  females  to  the  breeding 
stations  and  remain  in  the  vicinity,  congregating  mostly  in  the  open 
])ools  between  the  ice  tloes.  The  mothers  leave  their  young  on  the  ice 
to  flsh  in  the  neighborhood  for  their  own  subsistem-e,  but  they  fre([uently 

return  to  their  young  to  suckle  them.  The  young 
of?)uim!''  """^  ^"^'**  grow  very  rapidly,  and  when  three  weeks  old  are  said 

to  be  nearly  half  as  large  as  the  old  ones.  They  have 
no\v  attained  their  greatest  fatness;  later  thej  decrease  in  fatness, 
Avhile  they  continue  to  increase  in  general  size.  The  young  are  said 
not  to  voluntarily  enter  the  water  until  at  least  twelve  days  old,  and 
that  they  require  four  or  five  days  practice  before  they  accjuire  sufti- 
cient  strength  and  ]U'oticiency  in  swimming  to  enable  them  to  care  for 
themselves.  After  they  take  to  the  water  they  c<mgregate  by  them- 
selves, and  when  they  mount  the  ice  assendde  in  large  C(>mi)aet  herds. 
During  the  last  century  sealing  was  carried  on  from  the  shore  in  a 
^.  ,.  .  .,  ,,,,,  small  way  in  the  Gulf  of  St.  Lawrence  and  oft"  the  coast 
of  St.  Liiwri'iuo  ami  ot  Newfoundland.    Early  in  the  present  century  small 

vessels  began  to  be  employed  and  the  vsealing  industry 

rapidly  increased  in  imi>ortance,  and  by  the  year  1820 
the  annual  catch  exceeded  200,000  seals.  From  1830  to  iSoO  the  annual 
Newfoundland  catch  varied  in  <litt'erent  years  fiom  about  3r»0,000  to 
nearly  700,(M>0,  the  largest  re<'orded  catches  being  about  r)SO,0(K>,  in  the 
yearsl831, 1844,  and  184G.    lu  recent  years  the  catch  has  varied  from 


on  tlif  coast  oC  New 
foiinillautl 


SYNOPSIS    OF    riNMI'KKS. 


3H3 


close  tiiiit!  iidopttid. 


ab(»ut2(M),(HM>  tor)()0,0(M),  miu'h  (U'noiuliiig  upon  the  season  as  rojiaids 
storms  and  the  condition  of  the  ice  with  refcieiuH'  to  the  aee«'ssiliilil.v  of 
the  bieedin;;-  resents  of  the  seals.  There  has,  however,  of  hite  years 
been  a  {•nuliial  decline  in  the  lunnber  of  seals  aiinnally  i>rocured,  and  a 
larj^er  i)rop(trtion  of  the  vessels  en;>a}»'<'d  make  losinj;' voyages.  Sin<!e 
l.S(»(>  larger  vessels  have  been  employed  than  was  foimerly  the  case,  and 
since  1.S70  sailing  vessels  hav«'  gradimlly given  place  to  steamers.  There 
has  been  admittedly  a  gicat  de(!lin«'  in  recent  vears  in 
the  nnndiers  of  seals  breeding  on  the  floating  ice  to  the  """"'' '"' "'"'  '"''''• 
«'astward  of  Newfonndland,  and  in  order  to  jdace  some  restriction  on 
the  number  killed  a  date  has  been  Hxed  prior  to  which  sealing  is  illegal. 

The  .Ian  Mayen,  of  "Gieenland"  seal  fishery,  based  on  this  species, 
is  next  in  importance  to  that  of  the  ice  fields  east  of 
>«'e\vfoundland.  It  is  mainly  limited  to  a  (drcuhir  area  of  ,.;['|,',', .  ^^''V"  ''^'"' 
about  400  miles  in  diameter,  with  Jan  Mayen  Island  as  ^'"■^' 
the  central  pt>int.  The  annual  catch  for  many  years  averageil  about 
200,000  (chiefly  young  seals,  or  "white-coats"),  taken  principally  by 
JJritish,  Norwegian,  and  German  sealers  As  eaily  as  the  middle  of 
the  eigliteenth  century  the  Jan  Mayen  sealing  industry  had  already 
attained  considerable  inipoitance,  the  catch  nundiering  upward  of 
40,00()  annually.  It  began  to  decline  about  ISTO,  and  soon  after  the 
matter  of  instituting  an  international  close  tinu'  was 
agitated.  SucHi  a  ch»se  time  was  finally  adopted  in 
l.S7(>,  to  go  into  ettect  the  following  year,  fixing  the  '.id  day  of  Aju-il  as 
the  beginning  of  the  sealing  season.  The  rapid  increase  in  the  sealing 
fleet  from  l.S()0  to  1.S74,  and  particularly  the  increased  use  of  steam 
vessels,  while  the  catch  steadily  declined,  showed  that  the  then  prcv^- 
alent  system  of  indiscriminate  shiughter  was  surely  ruining  the  seal 
fishery. 

Mr.  Southwell,  conunenting  on  the  (iontinulng  decline  and  on  the  fact 
that  most  of  the  vessels  engaged  in  sealing  in  1884,  at  l)oth  the  New- 
foundland and  "(ireenlanil"  (Jan  Mayen)  grounds,  incurred  more  or 
less  loss,  says:  "It  is  not  surprising,  therefore,  to  find  that  the  Xew- 
foumlland  sealers  closed  the  fishery  earlier  than  usual,  and  that  the 
thoughtful  men  like  Capt.  D.Gray  sliould  plead  for  an  extension  of  the 
Greenland  close  time.  As  I  said  before,  it  is  probable  that  a  large 
number  of  the  young  seals  which  were  ]»rodu('ed  on  the  Newfoundland 
ice  this  season  es(;aped;  this,  however,  was  a  mere  accident,  and  rarely 
happens;  but  in  Greenland  it  is  not  likely  that  any  of  the  brood  for 
several  years  past  (with  the  excepticui  of  the  season  of  1882)  have 
escajK'd.  Althoiigh  the  ch)se  time  wliich  came  into 
operation  in  1877  has  somewhat  retarded  the  externu-  iusi!iml,ic*ut!'"'*''  """ 
naticm  of  the  Greenland  seals,  it  is  evident  that  some- 
thing else  is  required;  and  Captain  Gray,  in  a  circular  letter  which  he 
had  issued  to  those,  interested,  advocates  an  extension  of  the  (dose  time 
to  Ai)ril  10,  and  that  hooded  seals  should  not  be  shot  after  souui  day 
in  .Ii  ly,  after  which  they  were  out  of  condition  ard  valueless.  This, 
doubtless,  would  have  a  very  beneficial  ettect,  but  I  venture  to  think 
that  more  is  required."  (Thomas  Southwell,  zooh)gist,  1885,  pp.  84, 85.) 
I  The  history  of  the  Newfoundland  and  Jan  Mayen  sealing  grounds 
shows  that  unless  great  care  be  used  to  check  indis- 
criminate and  wasteful  overkilling,  through  the  rigid  ..eHiary.'''''"'""""""' 
enforcement  of  a  Judiciously  limited  close  time  or  by 
othei-  means,  these  once  apparently  exhaustless  sealing  grounds  will 
become  so  depleted  of  seal  life  as  to  be  no  h)uger  of  commercial  impor- 
tance.   Formerly  great  numbers  of  harx)  seals    were  taken  by  the 


'A 


»;ii 


.■ilii|iT:3I 

■'  f  nl£.  '1*1— li 


.* 


3S4 


AUTICI^H    MY    DR.    J.    A.    AI.LEN. 


WliltL'Sua. 


Kot'ii  /('iiil)lii. 


iiutivM's  iilonj;'  tlic  wt^st  (!<»iist  of  (Irci'iiland,  tlir  iiiiiinal  catcli  Ifor  many 
years  avei'aj;iiiji'  about  .S0,((00  arals.  This  species  lias  also  been 
the  basis  for  centnries  of  a  more  or  less  important 
Seal  fishery  in  the  White  Sea,  where  it  has  been 
earried  on  by  the  Knssians  from  time  immemonHJ. 
Many  have  also  been  taken  about  Nova  Zembla  an(l 
in  the  Kara  Sea. 

4.  Casi'Ian  Skal,  I'hoca  caspica  (Grm.). 

Ifahitat:  Caspian  and  Aral  seas. 

This  aninnil  is  about  the  size  and  f>eneral  apperrance  of  the  harbor- 
seal.  It  gathers  in  huge  herds  on  the  shores  of  these  inland  seas,  as 
well  as  on  Hoating  ice,  and  eonstitutes  the  basis  <)f  an  iniportant  seal 
fishery,  formerly  the  average  yt»arly  catch  beinjj-  about  13(),0(M)  seals. 
The  seals  are  mostly  killed  on  land,  altlnmgh  some  are  taken  on  the  ice 
And  also  many  in  nets.  Tiiey  resort  to  the  shores  in  spring  and  autumn 
to  rest  and  bask  in  the  sun,  arriving  in  immense  herds.  The  hunters 
then  approach  their  resting  place  in  boats,  disembark  noiselessly,  and 
form  a  line  in  order  to  cut  ott"  the  retreat  of  the  seals.  On  a  signal  from 
the  <!hief  of  the  party,  the  hunters  rush  simultaneously  upon  the  seals, 
killing  them  by  a  blow  upon  the  nose.  The  bodies  of  the  (lead  seals  are 
l>iled  up  to  tbrm  a  wall,  depriving  the  survivors  of  every  chance  of  re- 
gaining the  sea.  The  whole  herd,  to  the  number  of  many  thousand,  is 
then  nuissacred. 

These  sealing  grounds  are  held  by  the  Eussian  Government,  which 

„  ,  , ,  ,  derives  an  annual  income  from  the  sale  of  permits  for 
Mu  ^    seal-hi'ittiug  in  the  Caspian  Sea. 


5.  Lake  Haikal  Seal,  Phoca  aiberica  (Gmal.). 

ITabitat:  Lakes  Baikal  and  Oron. 

This  is  a  small  seal,  somewhat  related  to  the  ringed-seal.  It  in- 
habits Lake  IJaikal  and  the  neighboring  Lake,  Oron,  and  is  said  to  be 
common  in  these  waters.  A  few  are  shot  by  the  native  hunters  in 
summer,  when  they  resort  for  a  few  weeks  to  the  rocky  shores  of  the 
lakes.  In  March  and  April  some  are  also  taken  in  nets  placed  over 
their  breathing  holes  in  the  ice.  It  is  not,  however,  a  siiecies  of  much 
commercial  importance. 

6.  Ribbon  Seal,  Pftoca/a8ci«/«  (Zimm,). 

Habitat:  North  Pacific  and  Bering  Sea,  from  the  Kurile  Islands  and 
coast  of  Alaska  (north  of  the  Aleutian  Islands)  northward. 

This  species  is  about  the  size  of,  ami  somewhat  resend)les,  the  harp- 
seal.  It  is  not  numerous  and  has  uever  had  any  commercial  imi)or- 
tauce. 


II.— Qenus  ERIGNATHUS  QUI. 

7.  Bearoed  Seal,  Erignathus  harbatus  (Fabr.). 

ITahitat:  Arctic  coasts,  south  in  the  North  Atlantic  to  Norway  and 
(probably)  Labrador,  and  the  western  coast  of  Siberia  (Plover  Bay). 

This  is  (me  of  the  larger  species  of  seals,  and  while  of  great  value  to 
the  Eskimos  of  Greenland  and  Cumberland  Sound,  it  is  not  numerous 
enough  to  be  of  commercial  importance. 


^1 
n 


SYNor.SIS   (W    I'lNNIPEDS.  3H5 


III.— Oenus  HALICHCERUS  Nilsson. 
8.  GuAY  .sKAL,   JlalicliirniH  tivjipnn  (Vnhr.), 

Habitat:  North  Atlantic,  from  simUIhmii  (rrcciiliuul  to  Novn  S«'otiii, 
aii<l  from  tlio  coast  of  Kiiimark  to  the  llritish  Islands, 

This  is  one  of  the  hir;;<'st  of  the  n()rth('rn  seals,  f^rowins'  to  a  ItMijjth 
of  H  to  1()  fei't, hut  it  is  now  iiowIhmc  numerous,  thou^ih  formerly  rather 
<'onimon  on  the  coast  (»f  Iceland  and  in  fheCiulf  of  Hothniii.  Formerly 
many  were  kiHed  here  and  at  the  small  islands  off  the  coast  of  Scot- 
land, but  it  loug  since  ceased  to  be  of  commercial  imi)ortance. 


^  r 

I 


II.— Sub-family  OGMORHININ^E. 

IV.— Genus  MONACHUS  Fleming. 
9.  Monk  skai,,  Monachim  monacliiis  (Hcriiinim). 

Hahitat:  Mediterranean,  Adriatic,  and  Black  seas;  Madeira  and 
Canary  islands. 

This  is  a  larye  seal  (h'Uffth  about  10  feet),  found  sparinj-ly  at  the 
localities  above  indicated,  and  has  a[>pai'ently  never  been  suliiciently 
numerous  to  be  of  any  couunercial  value,  at  least  not  within  the  pres- 
eut  ceutury. 

10,  \Vk8T  Indian  Seal,  Monavhits  1ropivultn  (Gray). 

Habitat:  Formerly  Gulf  of  Mexi(!o  and  Caribbean  Sea;  at  present 
nearly  extinct. 

Two  centuries  ago  this  large  seal  was  abundant  at  various  islands 
in  the  Caribbean  Sea  and  Gulf  of  Mexico,  its  habitat  foimerly  extend- 
ing from  the  islands  olf  the  west  and  northwest  coasts  of  Yucatan 
south  to  the  Bay  of  Honduras  and  eastward  to  Jamaica,  Cuba,  the 
Florida  Keys,  and  the  Bahama  Islands.  It  has,  however,  been  i)rac- 
tically  exterminated  for  probably  lot)  years,  and  uj*  to  about  I.S82  was 
almost  unknown  to  naturalists.  Since  that  date  enough  specimens 
have  been  procured,  mainly  at  The  Triangles  (ott'the  coast  of  Yucatan), 
in  December,  1886,  to  sujtply  several  of  the  leading  museums  with  ex- 
amples of  this  exceedingly  rare  animal. 

In  respect  to  their  former  abundance,  Sir  Hans  Sloane,  in  his  great 
work  on  the  ^Natural  History  of  Jamaica,  publisiied  in 
1707,  says  (Vol.  i, Introduction,  p.  SS):  "The  Bahama     i""''-""" i'''""'!^- 
Islands  are  filled  with  Seals;  sometimes  Fishers  will  catch  100  in  a 
night.    They  try  or  melt  them,  and  bring  oft'  their  oil  for  lamps  to  the 
Islands." 

At  the  Alacran  Islands,  situated  about  75  miles  north  of  the  coast 
of  Yucatan,  they  existed  two  hundred  years  ago  in  ^^^  ^ 

great  numbers.  Dampier,  visiting  these  islands  in 
1675,  says:  "Here  are  many  seals;  they  come  u])  to  sun  themselves 
only  on  two  or  three  ishands.  .  .  .  There  we  anchored  and  lay 
three  or  four  days,  and  visited  most  of  them  and  found  plenty  of 
such  Creatures  [Sealsl  as  I  have  already  described."  He  further  states 
that  there  is  here  "such  plenty  of  Fowls  and  Seals  (especially  of  the 
latter)  that  the  Spaniards  do  often  come  hither  to  make  Oyl  of  their 
Fat,  upon  which  account  it  has  been  visited  by  English-men  from 
19 


;:^ 


I 


li 


m 


sill 


38G 


ARTICLE    UY    DIl.    J.    A.    ALLKN. 


Jt 


•laiimica,  )iiii'ticu]in'l,v  liy  C.iptain  liOii;;-,  wlio,  linviii^'  tlic  coiniiiiiiHl  ol'ii 
niiiall  Kiirk,  ciiiiio liitlit'.r  iMiiposcly  to  iiiiikc,  S('a-(),vl,iin<l  aiicliortMl  on  tlio 
North  si(l('oroiuM)t'tliu  sandy  Islands,  tlic  most  convcnU'iit  I'hict^  tor  his 
«lesi;,'ii."  ('aptaiu  Long  was  nearly  shipwrt'cUcd  "  l>y  a  lu'ico  Noith- 
wiinl,  whirh  bU'w  his  IJark  ashore;''  Imt  he  afterwards  re[)aiie(l  his 
vesMel,  lilled  his  easks  with  oil.  "and  ladinjt'  his  Oyl  .  .  .  went 
im^riily  away  for  Trist."  (DaMi[Mer,  Voyage  Round  the  World,  ii,  pt. 
2,  3d  ed.,  170.".,  pp.  2;{,  24. 
These  few  «'xtraets  seem  to  eonjpr  ise  about  all  that  relates  to  the  early 

history  of  the  West  Indian  seal — eiionjih  to  show  that 
in"C!s.'.!u"""'^^''''''i<^  was'abnndant  at  loealities  widely  separated,  and  that 

it  was  prat'tically  destroyed  at  a  very  early  <lat4'  through 
indiscriniinato  slaughter  for  its  oil.  At  th«'  piesent  day  a  few  individ- 
mds  exist  aujong  the  islets  of  Salt  Key  Bank,  ninth  of  ('nba  at  some  of 
the  islands  off  the  coast  of  Yucatan,  and  probably  at  a  few  other  of  the 
uniidnibited  islands  between  ('uba  and  Yucatan,  aiul  possibly  at  the 
rocks  and  keys  otf  the  south  coast  of  .launiica,  where  it  certainly  existed 
in  small  numbers  forty  to  sixty  years  ago. 

v.— Genus  OGMORHINUS   Peters. 
11.  Lkopard  Seal,  Ogmorhlnua  leptonyx  (IJlaiuv.), 

Habitat :  Southern  Seas;  New  Zealand  and  islands  to  the  eastward 
and  sonthward;  Kergueland  Land,  Heard  Island,  etc. 

This  large  Seal  has  a  wide  range  in  the  southern  seas, 
bution  and  habits  are  still  not  well  known.  It  is  one  of  tli 
found  in  the  southern  hemisphere  which  the  sealers  con ' 
general  name  of  sea-leopard.  This  and  the  three  follo\ 
a  prey  to  the  sea-elephant  hunters,  but  as  none  of  them  i 
very  numerous  they  have  never  ligured  conspicuously  in 
sealing. 

VI.— Genus  LOBODON  Gray. 


but  its  distri- 
■  sevci'al  seals 
iind  under  the 
ig  species  fall 
ire  apparently 
the  annals  of 


12.  Crab  eating  seal,  Lobodon  carcinophaga  (H.  <fe  J.). 

Hahitat:  Southern  and  Antarctic  oceans. 

A  little  known  species  occasionally  taken  by  the  sea-elephant  tun- 
ters. 

VII.— Genus  LEPTONYCHOTES  Gill. 

^     13.  Weddell's  seal,  Leptonycltotea  weddelli  (Gray). 

Habitat:  Southern  seas;  coasts  of  Patagonia,  Tierra  del  Fuego,  and 
islands  to  the  southward. 
A  rare  and  little  known  species. 


VIII.— Genus  OMMATOPHOCA  Gray. 

14.  Boss's  SEAL,  Ommatophoca  Srossi  (Gray). 

Habitat:  "  Antarctic  Seas,"  a  little  known  species. 


i'm 


SYNOPSIS    OF    nXNIPEDS. 


387 


III.— Subfnmily  CYSTOPHORINyG. 

IX.— Genus  CYSTOPHORA  Nilson. 
15.  \\(»t\>Kli  HK\i.,  Cystopliora  crinlata  (Kv%\). 

Ihihihit:  North  Atliiiiti«' iiiul  An-tid  soiis.  It  raiijit's  oastwanl  fVom 
(irccnliind  to  SpitzlMTj-cii,  iiiid  aloiij;"  t\w  Awt'w  coast  of  Kiii'o|K%l>iit  is 
ran'ly  loiiiiil  soiitli  ol'soutlu'in  N<»rwayiii  Muroin»oi'soiitliof  Nowroiiml- 
laiidoii  till'  Aiiicricaii  sidf  ot'tlu'  At|aiiti<',  tludi^li  Hoiii(>tiin(>sstra^{;liii}>; 
south  in  winter  to  Nova  Srotia  and  Maine,  and  even  to  Ne>v  York. 

Tins  species  is  known  connnonly  in  seah-rs'  parlance  as  the  hood- 
seal,  i>onnet  seal,  bladder-nose,  and  l)Iadder-seiil,  from  the  intiatable 
sac  covering;'  the  nose  in  the  adidt  male.  Ir  is  a  lar^e  aiunnil,  and  for 
this  reason  is  nnich  hnnted  for  its  oil.  It  is  mi^^ratoiy  and  pelagic,  pre- 
lei'riny  thi' diiff  ice  of  the  hi;;h  seas  to  the  vicinity  of  the  lainl.  !t 
brings  forth  its  yonny  late  in  March,  fii)r  this  pur|)ose  resortin;;'  to  the 
tloatinj;  ice.  In  habits  and  {^eojiraphical  distribution  it  thus  resembles 
the  har|>-seal.  Tliouyh  found  on  ueiKl'borinjj:  ice  tloes,  the  two  species 
are  said  to  rarely  associate. 

In  the  annual  sealiuj;' voyayes  to  the  soaliiiff  ^jrounds  of  the  North 
Atlantic  and  .Ian  Mayen  waters  many  hood  seals  are  taken  alon;;' 
with  tlu^  harps,  but,  owing  to  their  much  snuiller  iiuuibers,  they  usually 
form  no  very  important  part  of  the  catch. 


X.— Genus  MACRCRHINUS  F.  Cuv. 
IG.  ('ALii-oitNiA  Ska-IClki'iiavt,  .VttiroHiinuH  ainjUHiironiria  (G'lW). 

JIahitat :  Formerly  coast  and  islands  of  California,  from  Cape  La/aro, 
Lower  California  (latitude  24"^  K»'),to  Point  Keyes  (latitude  .{.SO),  a  little 
to  the  north  of  San  Francisco;  now  nearly  extinct. 

It  seems  not  improbable  that  the  California  sea-elephant  formerly 
ranji'ed  southward  to  the  Cliametly  and  Tres  Marias 
Islands,  olf  the  western  coast  of  Mexico,  in  latitude  21°  ^,l„'.i:',"',•:||',;,,;,'i';'  '^"''" 
to  23°.  At  least  seals  were  rei>orted  by  Dampier  as 
occurring  there  in  1<»8(},  but  unfortunately  his  account  is  iusuHicient  to 
render  evident  the  exact  species  seen.  There  is,  however,  good  evi- 
dence th.at  sea-elephants  wore  tolerably  aluindant  during  the  tiist  half 
of  the  present  century  at  nearly  all  of  the  islands  of  the  I'acitic  (-oast, 
from  about  latitude  2.^°  to  .'58°,  and  that  their  subse(iueut  practical  ex- 
termination is  due  to  the  merciless  slaughter  of  the  professional  seal 
hunter. 

Captain  Scammon,  writing  about  18.52  (see  J.  lioss  BrowiU''s  "  Ke- 
scmrces  of  the  Pacitic  Sloi)e,"  Ai)p.,  p.  129),  says: 
"Seals  and  Sea  elephants  once  basked  ui>ou  theslun-es  s,'uM.",l»n.'"'  ^''"'"''" 
of  this  isolated  spot  [Cerros  IslaiulJ  iu  vast  niunbers, 
and  in  years  jtassed  its  surnmnding  shores  t«'emed  with  sealers,  sea- 
elei>hant  and  sea-otter  hunters;  the  remains  of  their  rude  stone  houses 
are  still  to  be  seen  in  many  convenient  ])laces,  whii^li  were  once  the 
habitations  of  these  hardy  men."  He  says,  in  another  connection 
(Marine  Mammalia,  p.  1.7):  "  Our  observations  on  the  Sea- Klephants 
of  California  go  to  show  that  they  have  been  tbtind  in  mu<rh  larger 
numbers  from  February  to  June  than  during  other  months  of  the  yearj 


1  l;'„ 


388 


ARTICLE    m    DR.    J,    A.    ALLEN. 


r'ihi 


but  more  or  less  were  at  all  times  on  slioro  upon  tlieir  tUvorito  bciiclies, 
which  were  about  the  islands  of  8aiita  Barbara,  Cer- 

o/Snlfa'.'"' '"'''*  '"OS'  GuadaluiM',  San  Uoiiitos,  Natividad,  Sau  Koque, 
and  Asun('l<»ii,  and  some  of  the  most  inaceessible  points 

on  the  main  huul  between  Asuncion  and  Cerros." 

Haifa  century  aj^o  vessels  were  freightedolf  the  California  coast  with 

eargiires  of  oil  and  <»ther  seal  products,  where,  the  killing  being  as  usual 

unrestraine«l  and  indiscriminate,  now  only  a  few  individuals  remain  of 

the  former  great  heids. 


i  .1 


17.  SoiriiiKKN  Sea-Elkphant  MacrorhhiHa  leomniis  (Linn.). 

Hahitftt :  Southern  portions  of  the  South  Pacific,  South  Atlantic,  and 
Indian  Oceans,  and  Ar.tarctic  Seas. 

Tlie  "  sea-elephant "  of  scalers  has  a  wide  geographical  distribution, 
occurring  off  the  coasts  and  about  the  islands  of  nearly  the  entire 
southeruhalf  of  the  southern  hemisphere,or  from  about  latitude.'iOo  south 
nearly  to  the  Antarctic  Circle.  Whether  these  so-called  sea  elephants 
are  all  referable  to  a  single  sjjccies,  or  to  several  species,  has  not  iis  yet  been 
satisfactorily  settled,  owing  to  lack  of  specimens  in  our  museums.  It  is 
sulHcient  in  the  present  «'onnectiouto  consider  them  collectively  as  sea- 
elephants,  since  the  specific  differences,  if  !-,uch  truly  exist,  are  obvi- 
ously of  slight  importance;  even  the  California  sea-elephant  does  not 
differ  very  ai)preciably  from  its  lelatives  of  the  far  South. 

The  sea-elei)hant  is  the  largest  of  tlie  Pinnipeds,  the  walruses  alone 
possil)ly  excepted,  the  full-grown  males  attaining  a  length  of  20  to  2'2 
feet,  and  a  girth  of  about  12  feet.  Wiiile  thus  longer  tlian  the  walrus 
they  are  ratliev  slenderer.  They  yield  a  very  large  amount  of  oil,  the 
nature  of  which  has  led  to  the  slaughter  of  many  tlumsiinds  of  these 
huge  beasts.  A  full  grown  male,  when  very  fat,  will  yield,  it  is  said, 
about  4  barrels  of  oil.  The  females  are  less  than  half  the  size  of  the 
males  and  lack  the  elongated  snout. 

At  the  approach  of  the  breeding  season  they  resort  to  sandy  beaches 
in  large  herds,  tlie  males  preceding  "ihe  females,  and 
pimnt's*^  "^  '^'^*  ^^'^  whole  herd  renuiins  on  shore  for  several  months, 
or  until  the  young  are  able  to  take  the  water.  They 
also  again  come  on  shore  to  renew  their  coats,  remaining  more  or  less 
on  shore  from  January  to  May,  at  the  end  of  which  jieriod  they  become 
very  lean. 

Captain  Morrell  thus  describes  their  habits,  as  observed  by  him  in 
1823,  at  Kerguelan  Land  and  the  islands  south  of  Cape 
c5tain^te'.K  H<^>'":  "''"'•e  male  sea-elephant  comes  on  shore  the  lat- 
ter end  of  August — the  fenuile  late  in  September,  or 

about  the  1st  of  October Wheu  the  males  first  come  on 

shore  they  are  so  excessively  fat  that  I  have  seen  two  from  which 
might  be  produced  a  tun  of  oil;  but  after  a  residence  of  three  months 
on  land,  without  food,  they  become,  as  might  be  expected,  very  lean 
and  emaciated.  Abrait  the  middle  of  December,  their  young  being  old 
enough  to  take  the  water,  the  whole  breeding  herd  leave  the  shore  to 
follow  where  instinct  leads  them  among  the  hidden  recesses  of  the  deep. 
About  the  Ist  of  January  tue  brood  of  the  previous  year  come  on  shore 
to  renew  their  coats;  and  in  the  mid<lle  of  February  the  full-grown 
males  and  females  do  thesnme,  and  by  the  1st  day  of  May  they  have  all 
disappeared,  both  old  and  young."  tie  adds:  "I  have  seen  the  nude 
sea-elephant  more  than  25  feet  in  length,  and  measuring  about  1(J  feet 
around  the  body;  whereas  the  female  is  never  half  that  size,  and  in 


H 


SYNOPSIS   OF    PINNIPKDS. 


381/ 


form  reaembles  the  hair-seal."    (Morrell,  Voyages  aud  Discoveries,  p. 
76.) 

(Japtaiu  Wetldt'll,  writing  more  especially  of  the  sea-elei)haiit  of  the 
South  Shetland  Islands,  which  he  visited  in  1820  and 
following  years,  gives  the  following  respecting  their  igu,',',,"^'''  siioHand 
habits:  "Tii«^  males  come  on  shore  about  the  end  of 
August  and  beginning  of  September,  and  in  this  month  and  the  tirst 
part  of  October  they  are  tbllowed  by  the  females,  which,  being  with 
young  since  the  preceding  season,  choose  th«^  land  at  this  time  for  the 
]»urpose  of  i>arturition  and  i>r<)creation.  When  the  males  tirst  arrive 
the  fat  of  three  or  four  will  make  a  tun  of  oil;  but  the  average  of  both 
males  and  females  is  about  seven  to  a  tun.  As  they  live,  while  on  shore, 
entirely  without  food,  l)y  the  middle  of  December  they  have  become 
very  lean,  and  their  young  being  at  this  age  able  to  take  the  water,  the 
whide  of  the  breeding  herd  leave  the  shores. 

»'A  secon.t  herd  (v>me  up  about  the  middle  of  January  for  the  luirpose 


of 


tlieir  coat  of  hair;  in  March  a  herd  of  full -grown  males 


IsliiiiiU  in  South 
racitic  anil  lutlism 
(M'l'iins. 


come  up  for  the  same  purpose,  and  by  the  end  of  April  every  kind  of 
them  hi»,s  returned  to  the  sea."    (Weddell,  Voyages,  p.  j;}5.) 

Sea-elephants  were  formerly  fouiui  in  great  abundance  at  nearly  all 
of  the  Oceanic-  Islands  south  of  the  thirtietii  parallel  of 
south  latitiule.  Kerguelan  Laud  and  Heard  Island 
were  especially  favorite  resorts  for  them.  They  were 
also  abundant  at  the  Falkland  Islands,  Sfcaten  Laud,  South  Georgia, 
throughout  the  Tierra  del  Fuego  Arcliipelago,  on  the  coasts  of  Pata- 
gonia, and  as  far  north  or  the  Pacific  coast  of  South  America  as  Mas- 
a-Fuero  aud  .luan  Feruiiiilcz.  They  also  occurred  in  large  numbers  at 
the  Tristan  <rAi'unha  group,  the  Crozets,  the  Prince  Edward  Islaiuls, 
St.  Paul  and  Amsterdaiu  Islands,  the  coast  .aud  islands  of  southern 
Australia  aud  New  Zealand,  and  the  numerous  islands  to  the  southward 
and  eastward  ot  New  Zealand.  At  most  of  these  points,  however,  they 
became  long  since  practically  exterminated,  though  still  o(!curnng  at 
Kerguelan  Land,  Heard  Island,  aad  at  a  few  other  points  in  sufficient 
numbers  to  render  sea  elephant  hunting  attractive  to  the  few  sealers 
and  whalers  who  still  frciiuent  these  waters. 

Sea-Elephant  hunting  began  early  in  the  i)resent  century,  and  for 
many  years,  either  exclusively  or  in  conjunction  with 
wlialing,  ju'oved  a  lucrative  enii)loyment,  largely  mo-  i,i,a,\fS,'iBg.''''''''"" 
nop«)lized  by  Ameiicans.  From  the  incimiplete  statis- 
tics at  hand,  sea-elephant  hunting  appears  to  have  been  begun  in  1803 
on  the  coast  of  Patagcuiia,  and  was  prosecuted  there  more  or  less  r"gu- 
larly  till  1810,  during  which  period  a  total  of  about  15,000  barrels  of 
sea-elephant  <m1  appears  to  have  been  taken  from  Patagonia  alone.  In 
1817  about  2,500  l)arrels  were  taken  at  the  Falklaml  Islands,  and  also 
aboit  2,500  barrels  in  1837.  In  182(»-'22  about  4,000  barrels  were  taken 
at  the  South  Shetland  Islands,  and  again  about  2,000  barrels  at  the 
same  islands  in  1831.  About  2,000  barrels  are  aitcredited  to  the  South 
(j(M)rgian  lslan<ls  in  1820.  In  1838  5,000  barrels  were  obtaimid  at  Ker- 
guelan Land;  in  1838  and  1830  alxait  5,000  barrels  were  taken  at  the 
Orozet  Islands.  Dniing  the  <lecade  1840-50  nearly  half  the  take  of 
sea clejdiant  oil  (about  1(5,000  barrels),  <'anui  from  Kerguelan  Land, 
the  total  take,  so  far  as  statistics  are  available,  being  about  37,00()  bai'- 
rels.  About  this  time  the  sea-elephant  hunters  began  to  visit  Heard 
Islaml,  and  of  the  84,(M»0  barrels  tak(Mi  <luring  the  decade  of  1850-'(}0, 
four-firths  were  obtained  at  Kerguelan  Land  and  Heard  Island 
(the    latter    lirst    discovered    in    1853).     During  the  following    dec- 


m 


m 


WJVilf'l" 


■iiH; 

m 


','v 


390 


ARTICLE   BY   DR.    J.   A.    ALLEN. 


ade  (l8G0-'70)  .ibout  30,000  barrels  were  reporteil  as  taken,  nearly  all 
of  wliieh  came  from  the  two  last-named  islands.  The  same  is  true  of 
the  decade  from  1870  to  1880,  but  the  auKmnt  of  oil  declined  for  this 
period  to  about  30,000  barrels,  the  decline  being  cs]>ecially  marked  to- 
ward the  cl()se  of  the  decade.  It  has  been  state*!  that  during-  fifty  years, 
beginniuf";  with  tlie  year  1837,  not  less  than  17.j,0(M>  barrels  of  sea-ele- 
phant oil  were  obtained  from  Kerguelan  Land  and  Heard  Island.  As 
in  later  years,  young  of  all  ages  as  well  as  adults  were  taken,  regard- 
less,also,of  season  and  condition, the  number  of  sea-elei>hants  annually 
destroyed  at  these  seal  islands  must  have  been  in  the  neigld>orlio(»l  of 
40,000  individuals,  or  a  total  of  probably  over  2,000,000. 

At  these  islands  certain  extensive  beaches  are  described  as  being  in- 
accessible from  the  water  on  account  of  the  boisterous  seas  which  con- 
stantly prevail,  while  precipitous  cliffs  render  it  impossible  to  transj)ort 
the  oil  from  these  beaches  to  the  vessels.  Here  great  numbers  of  sea- 
elephauts  annually  haul  up  in  security  to  breed,  thus  presiMving  the 
species  from  extermination,  which  doubtless  otherwise  would  hmg  since 
have  overtaken  them. 

More  or  less  sea-elephant  oil  has  been  taken  annually  since  1880, 
but  the  amount  is  small  in  comparison  with  the  earlier 
o/serEiephnntr'*"^  years,  owiug  to  the  increasing  scarcity  of  the  sea-ele- 
phants. 

The  oil  is  chiefly  used  for  softening  wool,  and  for  other  purposes  in 
the  numufacture  of  cloth,  for  which  it  is  especially  adapted. 

The  above  relates  only  to  the  operations  of  Americans,  and  eveir  for 
these  the  published  statistics  aie  far  from  complete  (given  principally 
by  A.  Howard  Clark  in  Goode's  "  Fishery  Industries  of  the  United 
States").  When  we  add  to  this  the  enormous  number  of  sea  elephants 
that  have  fallen  a  i>rey  tt)  sealers  of  other  nationalities,  it  is  not  a  matter 
for  surprise  that  these  animals  have  long  since  been  lu-actically  extinct, 
commercially  sj»eaking,  except  at  the  tew  points  where  the  physical 
surroundings  afibrd  them  protection  from  their  i/ihunuin  enemies. 


GENERAL  SUMMARY. 

Of  the  thii'ty-one  species  above  eimmerated  two  are  walruses,  twelve 
are  eared-seals  (fur-seals  and  sea-liims),  and  seventeen  are  earless 
or  true-seals.  Of  this  number  only  the  walruses,  tlie  fur-seals,  the 
Sea  Elephants,  and  four  or  ttve  <>f  the  common  seals  hav'e  ever  been 
hunted  for  their  commercial  products,  the  others  being  too  few  in  num- 
bers or  of  too  little  value  commercially  to  reiuler  i)ursuitof  them  profit- 

TT      .  •  ♦  1    1  ill    able.    In  all  cases  where  tlie  killing  has  been  unre- 

Unrestru'tod     Kill-       ...-.  i  •     t        •      •       i      ,,  ., 

iiift  nhvays  itads  to  stru'tcd  auQ  indiscriminate  the  species  have  sooner  or 
extoiiniiuitidii.  later  been  brought  to  the  verge  of  extermination,  the 

period  required  for  their  extirpation  varying  with  the  accessibility  of 
their  haunts. 

The  small  remnants  still  left  of  the  former  great  herds  of  walruses 
owe  their  preservation  largely  to  their  high  Arctic  habitat,  these  ani- 
mals ([uite  early  disappearing  from  the  more  accessible  parts  of  their 
former  ranges. 

.  The  great  lookeries  of  fur-seals  formerly  found  on  n)any  of  the  re- 
mote islands  of  the  southern  In'inispliere  and  also  about 
"'  the  coasts  and  adjacent  islands  of  the  soutliern  i>or- 
tionsof  the  simthern  continents,  were,  one  after  another, 
practically  wii>ed  out  of  existence  during  the  first  half  of  the  present 
century,  the  supply  of  seal  fur  during  recent  years  having  come  almost 


KxtiTiniiiittion 
Soutkerii  Kiir  SchIm 


/  I 


(SYNOPSIS    OF    PINNIPEDS. 


391 


Decline     of     Uair, 
narp,     anil   llouded- 

ScalH. 


wholly  from  protected  seal  rookeries,  and  chiefly  from  those  of  Bering 
Sea. 

The  sea-elephants,  formerly  almost  as  widely  distributed  in  the 
southern  seas  as  the  fiir-seals,  and  also  abundant  on 
the  west  coast  of  Mexico  and  California,  have  shared  „J„uSt"'*^  "'• 
the  fate  of  the  unprotected  fur-seal  rookeries.  The 
hundreds  and  thousands  of  former  days  i>re  now  represented  by  only 
a  few  scattered  individuals,  except  at  a  few  beaches  inaccessible  to  the 
sealers. 

The  West  Indian  hair-seal  was  nearly  exterminated  long  before  its 
existence  became  known  to  naturalists. 

The  harp  and  hooded-seals  of  the  North  Atlantic 
and  Arctic  Sea — the  basis  of  the  Newfoundland  and 
Jan  iVrayen  seal  tishery — formerly  existed  in  such  immense  numbers 
that  the  supply  seemed  inexhaustible.  During  recent  years,  however, 
the  catch  has  so  greatly  decreased  as  to  seriously  threaten  the  i>erma- 
nency  of  the  sealing  industry.    The  deterioration  led     .  .      ... 

„       .y     ,      ,,  1       r-  i-  •    J.  i-  1  •    •  A-  International     nro- 

fliially  to  the  adoption  ot  international  provisions  tor  vision  tor udoso xea- 
an  annual  close-time,  which  is  likely  to  be  made  much  *°°' 
more  rigorous  as  time  goes  on.  Fortunately  for  the  persecuted  seals, 
bad  weather  often  interferes  with  the  plans  of  the  sealers,  so  that  for 
several  successive  years  they  are  unable  to  gain  access  to  the  great 
breeding  resorts  of  the  seals,  which  have  thus  opportunity  for  recuper- 
ation. 

Doubtless,  if  the  seals  of  the  icy  seas  of  the  north  had  been  as  easy 
to  reach  as  were  the  fur-seal  rookeries  of  the  southern  seas,  they  would 
long  since  have  shared  the  same  fate. 


"tf 


'   I 


PART  II. 


FUR-SEAL  HUNTING  IN  THH  SOUTHERN  HEMISPHERE. 

By  Dr.  J.  A.  Allen. 

Fur-seals  formerly  existed  in  j>Teat  iniinbers  aloug  portions  of  the 
soutlieru  coasts  (►f  South  Anieriea,  South  Africa,  xViistralia,  and  New 
Zealand,  on  tlie  outlyinj;'  islands  off  tliese  coasts,  and  also  on  many  of 
the  pelajjiii'  islands  of  tlie  southern  oceans.  Seal  huntinji"  tor  commer- 
cial imrposesbejiian  liere  dnriuj;  the  cl(»sing  decades  of  the  last  century, 
and  as  early  as  the  beji'inniny  of  tlie  i)resent  <'entury  the  industry  had 
assumed  Kij»antic  proitortions.  Tiie  skins  at  this  time,  and  for  many 
years  after,  were  taken  to  tlie  Canton  market  and  exchanged  for  teas, 
silks,  and  other  well-known  i)roducts  of  the  Chinese  Empire.  The 
price  obtained  for  the  skins  was  small  in  comjjarison  to  their  value  in 
latt'r  years,  usually  ranging  from  50  cents  to  •'!!4  or  $r)  per  skin.  Yet 
the  sealing  business  inovecl  immensely  profitable,  and  led  to  an  indis- 
criminate and  exterminating  slaughter.  One  after  anotlier  of  the  popu- 
lous seal  rookeries  was  visited  and  reduced  to  the  verge  of  extermina- 
tion, followed  by  new  voyages  of  discovery  in  search  of  new  sealing 
grounds,  which  in  turn  were  ipiickly  despoih'd.  Every  seal  that  could 
be  obtained  was  killed,  regardless  of  age  or  sex.  Tlie  fur-seals  gen- 
erally selected  for  their  homes  barren,  volcanic  islands,  situated  in 
stormy  seas,  often  inaccessible  except  to  the  nutst  venturesome,  skillful, 
and  hardy  seamen.  Tiie  seals  that  escaped  the  hunters  usually  owed 
their  jireservation  to  the  inaccessibility  of  their  haunts. 

Sealing  first  began  in  the  southern  hemisphire  at  the  Falkland  Is- 
lands about  1784.  The  immense  fur-seal  rookeries  at 
the  islands  of  ]\[as-a-Fuera  and  Juan  Fernandez  were  **  "^^' 
tirst  visited  in  17J>3,  where  millions  were  taken  during  the  next  fifteen 
years.  In  the  year  ISOO  the  S<mth  Crcorgian  rookeries  were  attacked 
and  siMjedily  exhausted.  In  ISOl  the  sealing  tleet  at  this  island  num- 
bered thirty  vessels,  while  an  equal  number  of  vessels  were  employed 
during  the  same  .year  in  sealing  off  the  coast  of  Chile.  At  about  this 
date  sealing  began  on  the  Tatagonian  coast,  in  the  archipelago  of  Ti- 
erra  del  Fuego,  at  St.  Marys  Island,  otf  the  coast  of  Chile,  and  at  the 
Saint  Felix  groui).  In  ISO.'i  and  1804  voyages  were  made  to  the  coast 
of  Australia,  Borders  Island,  and  the  Antipodes.  In  1804-1800  seal 
rookeries  were  dis(!Overed  at  the  Orozet  and  Prince  Edward  Islands. 
In  1820  the  immense  wealth  of  Seal  life  at  the  South  Shetlauds  was  dis- 
covered and  the  Seals  nearly  exterminated  in  a  single  season.  At  the 
Auckland  Islands  sealing  began  to  be  vigorcmsly  prosecuted  in  1822 
and  1823.  At  these  and  numei-ous  less  noted  fur-seal  resorts  sealing 
has  been  intermittently  prosecuted  from  the  date  of  their  discovery  till 
the  present  time,  although  of  late  years  the  catch  has  been  small  and 
in  many  instances  the  vessels  have  made  losing  voyages.  At  most  of 
50  ...  393        .. 


I' 


m 


►  1 


■13 


■1     !*!'' 


-  y<i 


394 


ARTICLE    BY    DR.    J.    A.    ALLEN. 


i|j, 


the  fnr  soal  resorts  above  iiieutioiied  there  are  now  not  enongli  Seals 
left  to  make  it  worth  while  U)  attempt  to  eapture  them.  At  all  of  tbeni 
the  slaujjfhter  has  been  iiuliscriminate  and  to  the  hij;hest  (lej>ree  im- 
provident; since,  if  the  killing;'  had  been  wisely  regulated,  tens  ol 
thousands  of  seals  might  have  been  tak«>n  annually  at  each  of  a  dozen 
to  twenty  of  the  hirger  rookeries  without  auy  undue  deerease  in  the 
seal  population. 

In  contrast  to  this  may  be  cited  not  only  the  history  of  the  seal 
rookeries  in  Bering  Sea,  but  those  at  Lobos  Island, 
JZml'vrot^timr  Aueklaud  Islan  ;,  and  on  the  west  coast  of  South  Africa, 
where  the  killi.ig  has  been  more  or  less  stringently  reg- 
ulated by  the  several  Goverments  to  whose  jurisdiction  these  seal 
rookeries  pertain. 

lu  the  following  pages  a  succinct  general  histmy  is  given  of  each  of 
the  principal  rookeries  and  fiu-sealiug  grounds  of  the  Southern  hem- 
isphere.^ 

FALKLAND  ISLANDS. 

The  firvSt  cargo  of  fur-seal  skins  obtained  at  the  Falkland  Tslandp,  or 
probably  from  anywhere  south  of  the  equator,  appears  to  have  been 
secured  by  the  American  ship  States  from  IJoston,  about  the  year  1784. 
In  17J>2  several  vessels  obtained  full  cargoes  of  fur  seal  skins  at  these 
islands,  and  they  were  visited  by  one  or  more  vessels  nearly  every  year 
as  late  as  1800,  and  subsetiuently  at  less  freiiuent  intervals  till  the  pres- 
ent time.  At  the  Falklands  fur-seals  were  less  abundant  than  at 
many  of  the  islands  off  the  coast  of  Ohile  and  elsewhere  in  the  Scmthern 
Seas.  Yet  the  vessels  which  tirst  visited  them  seem  to  have  found  lit- 
tle ditWculty  in  securing  good  cargoes  of  fur-seal  skins.  Later  the 
rookeries  became  nearly  exterminated.  According  to  the  attidavit  of 
Capt.  James  W.  Bu<ldington,  a  close  season,  lasting  from  October  to 
ApJl,  was  established  in  1881,  but  owing  to  ^'le  granting  of  licenses 
for  killing  during  the  close  season  the  ordinance  was  of  little  benefit  to 
the  seals.  About  188G  the  annual  catch  varied  from  tifty  to  live  hun- 
dred skins.  So  far  as  our  knowledge  extends  there  are  still  a  few  lur- 
seals  left  at  these  islands. 

MAS-l-PUERO. 


The  island  of  Mas-it-Fuero,  situated  off  the  coast  of  Chile,  in  latitude 
34°  S.  (about  400  miles  west  of  Valparaiso),  when  llrst  discovered,  in 
ir)03,  swarnuid  with  fur-seals.  The  island  appears  to  have  been  tirst 
visited  for  fur-seals  by  the  ship  Eli::<t,  Capt.  VVilliaiu  It.  Stewart,  of 
New  York,  in  1792.  This  vessel  secured  a  cargo  of  .'{S,000  skins,  which 
Avere  taken  to  Canton  and  sold  for  !!^1(),0()0.  In  1708  Ca])t.  Edwar<l 
Fanning,  of  the  shii>  Betseij,  from  Xew  Y(nk,  took  l()0,00()  seal  skins 
to  tha  Canton  market,  nearly  all  of  which  were  obtained  at  Mas-a- 
Fuero.  He  estimated  that  at  the  time  of  his  h'aving  Mas-ii-Fuero  there 
Avere  still  left  on  the  island  between  600,000  and  700,000  Seals.  (Voy- 
ages, etc.,  pp.  117,  118.) 


'  III  coiu|)iliiig  this  istiitcment  iiinch  nso  lias  been  iiiado  of  the  statiHties  and  othor 
information  first  publisbtMl  by  Mr.  A.   J  toward  Clark,  iii  Pritf  ^t.  IMinvii  (niiudf'H 

jj,  ^ip.^Ofl-ljijf^     The    earlier    hist()ry  isTiastMr 


upon 


rSita  Mi-rt.mii  V,  YOl- 

thc  autlioritit's   jjiveu 


but  the  iutornTition  relatinu;  to  tht^  rcc'ent  history  and  jirt'sout  condition  of 
the  Southern  fnr-seal  rookcirics  is  l>as(Ml  on  tht>  alhdavits  of  masters  of  sealing  ves- 
sels and  others  engaged  iu  liir-seal  lishing  or  iii  the  I'ur-soal  trade,  taken  by  the 
Dox)artmeut  of  State  of  the  United  States. 


SEAL    HUNTING   IN   THE   SOUTHERN   HEMISPHERE. 


395 


Capt.  A.  Delano,  writinji'  of  the  same  subject,  says:  "When  the 
Americans  came  to  Mas-d-Fuero  about  the  year  17J>7,  and  bejian  to  make 
a  business  of  iiillin  <••  Seals,  there  is  no  doubt  but  that  there  were  2,000,()0<) 
or  3,0(M>,(M)()  of  them  on  the  island.  I  have  made  an  estimate  of  more 
than  ;),0(M),()00  that  have  been  carried  to  Canton  from  thence  in  the 
space  of  seven  years.  1  liave  cariied  more  than  1(M>,(KM>  myself,  ami 
have  been  at  tlie  place  when  there  were  the  people  of  fourteen  ships  or 
vessels  on  the  island  at  one  time  killinj;'  seals."  (Narr.  "Voy.  and  Trav., 
1817,  p.  .{()(>.)  It  is  therefore  scarcely  a  matter  for  suriuise  that  in  1.S07, 
according  to  ('ai>tain  .Morrell  (Voyages^  etc.. _i).  1'30),  "The  business 
was  scarcely  woi'fh  iblloWingT  .  .  .  in  1S24  the  island,  like  its  ueiijfh- 
bor,  Juan  Fernando/,  was  almost  (Mitirely  abandoned  by  these  animals." 
In  other  words  the  Seals  had  become  so  nearly  exterminated  that  there 
were  not  enough  left  to  render  tlie  pursuit  of  them  profitable.  In  later 
years  the  island  has  been  visited  at  intervals  by  fur-seal  hunters  and 
small  catches  obtained.  As  late  as  1S1>1  Capt.  Frank  M.  Gattiiey  states 
(atlidavit)  that  on  visitinj>'  the  island  for  fur-seals  he  saw  three  or  four 
hundred,  and  took  nineteen,  showing  that  a  few  are  still  to  be  found  at 
Mas-a-Fuero. 

JUAN  FERNANDEZ. 

The  island  of  Juan  l"'ernandez,  situated  a  few  miles  to  the  eastward 
of  Mas-a-Fucro,  was  formei'ly  the  home  of  innneuse  nund)ers  of  fur- 
seals.  Dampier.  who  visited  this  island  in  10S;»,  says:  "Seals  swarm 
as  thick  about  this  Island  of  -lohn  Fernando  as  if  they  had  no  other 
])lace  in  the  World  to  live  in;  for  there  is  not  a  IJay  or  Rock  that  one 
can  get  ashore  (m  but  is  full  of  them.  .  .  .  Theseat  John  Feriiando's 
have  Hue,  thick,  short  Furr;  the  like  I  have  not  taken  notice  of  any- 
where but  in  these  Seas.  Here  are  always  thcuisands,  I  might  say  pos- 
sibly millions  of  them,  either  sitting  on  tlie  IJays,  or  going  aiul  coming 
in  the  Sea  round  the  Island;  which  is  covered  with  them  (as  they  lye 
at  the  top  of  the  Water  playing  and  sunning  themselves)  for  a  mile  or 
two  from  the  shore.  When  they  come  out  (►f  the  Sea  they  bleat  like 
Sheep  for  their  young;  and  though  they  pass  through  hundreds  of 
othervs' young  ones,  before  they  conu>  to  their  own,  yet  they  will  not  suffer 
any  of  them  to  suck.  The  young  ones  are  like  ru])i)ies  and  lie  nuich 
ashore;  but  when  beaten  by  any  of  us,  they,  as  well  as  the  old  ones, 
will  make  toward  the  Sea,  and  swim  very  swift  and  nimble;  tho  on 
shore  they  lie  very  sluggisldy,  and  will  not  go  out  of  our  way  unless 
we  beat  them,  but  snap  at  us.  A  blow  on  the  nose  soon  kills  them. 
Large  shi])s  might  here  load  themselves  with  Seal  Skins  and  Trayne 
Ovl,  for  they  are  extraordinary  fat."     (A  New  Voyage  Kound  the  World. 

Seal-hunting  began  at  Juan  Fernandez  at  the  same  time  as  atMas-il- 
Fuero,  the  two  islands  being  but  a  few  miles  apart  and  the  fur-seals 
fre(|uenting  them  belonging  to  the  same  herd.  Owing  to  the  early 
settlenuMit  of  tliis  islancl  (it  had  a  population  of  ,'i,(KtO,  according  to 
Delano,  in  the  year  ISOO)  the  seals  lu'obably  found  the  island  an  un- 
('(uigenial  res(U't  alm(»st  l)etbre  the  sealing  business  fairly  begsin,  as 
Delano,  writing  in  ISOO,  says  there  were  not  then  any  seals  on  any 
part  of  it.  (Moyagcs  and  Travels,  etc.,  1<S17,  p^;il.'i.)  Subse(iuently 
the  island  a))pears  to  Jiave  been  ^'iMitcU  aftnCeiTntrnTy  sealers  in  search 
of  fur-seals,  but  always  with  poor  success.  Althougli  not  yet  extinct 
there  (see  affidavit  of  Capt.  Frank  M.  Gafllnay,  wlu)  reports  seeing  a 
few  fur-seals  there  in  Decendiei-,  1801),  the  number  left  is  too  small  to 
possess  any  commercial  imptutanco. 


I 


39G 


ARTICLE    IIY    DR.    J.    A.    ALLEN. 


I'S!::«H 


GALAPAOOf?  ISLANDS. 

TlieGalapaffosTslaiHls,  situiitod  undc:  the  ('(juator,  about  flOO  miles 
west  of  Ecuador,  are  the  bonie  of  fur-seals,  which  ])robal)i,v  l)«!loii}>'  to 
a  different  species  from  that  formerly  so  abundant  farther  south.  The 
Galai)agos  seals  resid«'  at  the  islands  throughout  the  year;  they  are 
said  to  breed  in  caves  and  to  bring  forth  their  young  at  all  seasons. 
The  supply  hen^  appears  never  t()  havi'  been  abundant.  Delano,  writ- 
ing in  1800,  says:  "Tln'se  islands  afford  some  seals  of  both  the  hair 
and  fur  kind;  and  I  think  a  vessel  might  i)ro('ure  several  thousaiuls 
of  the  two  kinds,  upon  the  whole  of  this  cluster  of  islands,  as  all  of 
them  afford  some."  (Voyages  and  Travels,  p.  381.)  They  A.ere  fre- 
quently visited  later,  and  (JaptainFanning  states  (Vovages,  p.  410) 
that  in  1816  he  obtained  th(MVl?;nnrriTrr--j<en:lK-Tnnt  2,0mrtiirir^wjTtTC" 
(jrtpt.  Bei\jamrn  Morrejl  mentions  taking  a  few  fur-seals  at  the  S(mth 
end  of  AlbenmrTe Island  in  November,  1825  ( Narratije-juf-EmnL^^y- 
ages,  etc.,  1832,  p.  221),  and  (hmbtless  many  haVe  TJeen  taken  at  the 
Galapagos  sUme  that  date.  Capt.  Oharles  W.  Keed  (affidavit)  states 
that  in  1872  he  took  3,000  fur-seals  at  thes*'  islands,  and  about  as  many 
more  diiring  three  subsecpumt  voyages,  between  tliis  date  and  1880. 
In  1885  Capt.  Gaffney  (affidavit)  obtained  1,000  fur-seals  there. 

ST.  FELIX,   ST.    AMiniOSB,   ST.   MARYS   ISLANDS,  ETC. 

Many  of  the  small  islan<ls  oil  the  coast  of  Chile,  from  the  strait  of 
Wands  off  coast  of  Magellan  northward,  were  formerly  inhabited  by  coh)- 
ci'iit'-  nies  of  fur-seals.     Even  before  the  annihilation  of  tlw^ 

seal  rookeries  at  Juan  Feriian<lez  and  Mas-ii-Fuero,  these  islands  wei-e 
visited  by  the  sealers,  from  some  of  which  they  reaped  rich  harvests. 
Delano,  writing  in  18(H,  sju'-aks  of  St.  Felix  and  St.  Ambrose  islands 
as  being  visited  by  the  sealers,  tlie  greater  i)artof  the  catch  being  taken 
from  St.  Felix,  the  larger  island  of  the  group.  (VQyiigejLaiuLICl3:Vel*^> 
|).354.)  In  1810  Capt.  Edward  Fanning  took  14,000  fur-seal  skins  at 
SITMSrys.  (VuyageSj  etc.,  p.  411.)  lie  also  speaks  of  having  visited 
these  islands  in  180i  and  of  "ffn(ting  tluire  a  small  fleet  of  American 
sealers,  Ave  ships  and  a  schooner.  {Ibid.,  p.  300.)  While  it  is  im- 
possible tti  give  even  approximate  statistics  of  the  catch,  the  aggregate 
number  of  seals  taken  nuist  have  been  large. 

At  some  of  these  islands  small  renuuints  of  the  former  herds  still 
exist,  as  shown  by  the  affidavits  of  Capts.  Frank  M.  Gaffney  and  George 
Fogel.  The  latter  states  that  in  1870  he  saw  at  Chillaway  thousands 
of  fur-seals;  in  1891,  however,  there  were  "no  seals  there  worth  men- 
tioning. "  In  December,  1891,  Captain  Gaffney  saw  only  two  fur-seals 
at  St.  Felix  and  St.  Ambrose  islands,  where  formerly  they  were  so 
abundant.  At  Kees  Islet  (lat.  KP  45'  S.,  long.  75°  45'  VV.)  during  a 
stay  of  two  weeks  in  December,  1891,  he  obtained  one  seal.  He  says, 
however,  that  they  still  breed  there,  but  that  the  Chilians  go  there  and 
kill  all  that  they  can  obtain,  as  has  been  the  case  for  many  years  at 
other  islands  off  the  Chilean  coast.  Ilenc  there  is  little  opportunity 
for  the  recuperation  of  the  seal  herds. 


TIERRA  DEL  FITEGO  AND  THE  PATAGONIAN  COASTS. 

The  group  of  islands  south  of  Patagonia  known  as  Terra  del  Fuego, 
with  which  may  be  here  included  the  Diego  Ramirez  group,  are  cele- 
brated for  the  number  of  sea-elephants  and  fur-seals  which  they  have 


:i 


SEAL   HINTING    IN   THE   SOUTHERN   HEMISPHERE. 


397 


yicMed  to  coimneit'c,  as  arc  also  the  coiistsjiinl  ontlyinj;-  islands  of  I'ata- 
g'ouia.  Without  going  into  details  a8  to  the  fornier  abundanee  of  fur- 
seals  in  this  general  region,  it  may  suflii'i'  to  shov  fhat  at  present  the 
species  is  pra«'ti«'ally  extinct,  at  least  in  a  commercial  sense.  Says 
Captain  JJiidington  (aHidavit),  great  numbers  were  Ibrmerly  taken  on 
the  east  coast  (tf  Patagonia;  at  present  there  arenosi'als  tlier<^  There 
are  not  enough  on  the  I'atagonian  coasts  to  ])ay  for  hunting  tiiein.  Jle 
says  that  in  IHSl  he  took  <}(M>  fur-seals  on  the  Western  coast,  at  I'ictou 
Landing,  in  1(S8!)  he  again  visited  this  coast  and  obtained  only  four 
skins. 

At  Tierra  del  Fuego  and  adjacent  islands  lii^  took  i5,(K)0  skins  during 
the  season  of  ISTO-'Sl*;  in  ISIH-'Uii  he  obtained  only  !>()(>,  and  these  came 
from  another  ])art  of  the  coast.  Formerly  thousands  of  skins  were 
taken  there,  "  but  the  animals  are  practically  extinct  there  today." 

Mr.  George  Comer  states  (anida\  it)  that  he  si)ent  the  years  liS7!)  to 
1882  about  Tierra  del  Fuego  and  the  coasts  of  I'atagonia  and  Chile,  on 
a  three  years'  scaling  cruise.  During  these  three  years,  he  says,  ''  Our 
catch  was  4,000  seals,  li,0()0  of  which  were  taken  the  lirst  year,  and  we 
prai'tically  cleaned  the  rookeries  out." 

The  testim<uiy  of  (Japt.  Caleb  Lindald  (aftidavit),  a  sealer  of  long 
exp«'rience,  is  to  the  same  etfect.  lie  states  that  in  0<'t<»ber,  I8!>1,  he 
Avent  on  a  sealing  cruise  to  the  South  Seas,  starting  in  sealing  oft"  the 
coast  of  Patagonia  and  sealing  there  and  in  the  neighboring  seas  till 
the  following  JNlarch.  lie  says:  "The  seals  are  nearly  all  killed  oft" 
down  there,  so  that  we  got  only  abcmt  twenty  skins.  It  is  no  use  for 
vessels  to  go  there  sealing  any  more.  1  was  there  twelve  years  ago  on 
a  sealing  exiu'dition  and  the  rookeries  were  full  of  seals.  Now  they 
are  nearly  all  gon*'.  They  never  gave  the  seals  a  chance  to  breed 
there.     They  shot  them  as  soon  as  they  came  up  on  the  rocks." 

The  so-called  "  Ca])e  Horn  "  catch,  which  presumably  includes  all  of 
the  fur-seals  taken  oft"  the  coasts  of  southern  South 
America  and  the  various  outlying  islands  and  archii)el-  "'"'  ""'' 
agos  to  the  southward,  from  1870  to  1802,  aggregates  a  total  of  about 
11,'{,000  skins,  varying  in  difterent  jears  from  about  17,5(K>  in  1880  to 
less  than  1,(M)0  in  1880,  but  averaging  for  the  last  ten  years  about 
'S,ri{)0  annually.  (Atlidavit  of  Emil  Teichmann,  of  the  London  firm  of 
C.  M.  Lampson  &  Co.) 

LOBOS  ISLAND. 


The  fur-seal  rookery  on  Lobos  Island,  oft'  the  mouth  of  the  Rio  de  la 
Plata  and  btdonging  to  the  Republic  of  Uruguay,  is  one  of  the  few 
that  have  escaped  annihilation  at  the  hands  of  the  seal-hunter.  Many 
fur-seals  were  taken  here  i>rior  to  1820.  Ca])tain  INforrell  ("Voyages,  p. 
lii'k)  found  men  stationed  there  to  take  seals,^  in  1824  aiul  Cajitain 
Weddell  (Voyages,  j).  142),  writing  in  1825,  refers  to  Lobos  Island  as 
being  farmed  out  by  the  Government  of  IVlontevideo  for  sealing  ])ur- 
l>oses,  under  regulations  designed  to  prevent  the  externdnation  of  the 
seals.  As  evidence  that  the  matter  has  been  hmg  managed  with  dis- 
cretion may  be  cited  the  statistics  given  in  the  atlldavits  of  IMessrs. 
Emil  Teiclnnann  and  Alfred  Fraser  (of  the  firm  of  C.  M.  Lampson  & 
Co.,  of  Loiulon),  which  show  that  the  catch  for  the  last  twenty  years 
has  averaged  about  13,000  a  year,  or  a  total  of  some  250,000  fur-seal 
skins.  This  throws  into  strong  relief  the  folly  of  tlu'  exterminating 
slaughter  of  fur-seals  that  has  Iteen  waged  unremittingly  for  nearly  a 
century  throughout  the  southern  seas. 


■iM 


398 


ARTICLK    liV    DR.    J.    A.    ATJ.EN. 


SOUTH   SHETLAND    ISLANDS. 


The  South  Shethnids  constitute  ii  uumeious  fjronp  of  sjnall  ishinda 
situiited  iihout  ;{(>(»  miles  south  of  ('ii|>e  ITorii.  Sciilinjif  l)«'<>iui  here  in 
1SH>,  when  the  AmiTiean  biij;'  ntrsilia,  fioin  Stoninjiton,  C(»nn.,  and  an 
Knylish  vessel  from  lluenos  Ayres  obtained  earj;(»es  of  very  tine  fur- 
seal  skins.  News  of  tlu'  dis(M»very  of  this  new  sealin<j  {ground  quickly 
s])read,  and  before  the  <'nd  of  the  following  year  a  tieet  of  thii'ty  vess«'ls 
(eighteen  AuH'riean,  t<'n  lOnglish,  aud  two  Russian)  had  reached  the 
South  Shetland  to  gather  in  the  valuable  ]»elts  of  the  hapless  Heals. 
Captajn^Weddell.  writing  in  IHU."),  gives  the  following  account  of  the 
slaugT7terwTrtcin''usut'(l :  "  The  quantity  ot  seals  taken  oft' these  islands 
by  vessels  from  dillerent  i)arts  during  the  years  1821  and  1H22  may  be 
computed  at  3l'(),()i)0,  nnd  the  quantity  of  sea  elephant  oil  at  040  tons. 
This  valuable  aninnd,  the  fur-seal,  might,  by  a  law  similar  to  that 
which  restrains  fishermen  in  the  size  of  the  mesh  of  their  nets,  have 
been  spared  to  reinler  annually  1()(>,0(>(>  fur-seals  for  many  years  to 
com<>.  This  would  have  followed  from  not  killing  the  mothers  until  the 
young  were  able  to  take  the  water,  and  even  tln'U  only  those  which  ap- 
peared to  be  old,  together  with  a  imtiKU'tion  of  the  males,  thereby  dimin- 
ishing their  total  number,  but  in  slow  progression.  This  system  is 
practiced  at  the  river  of  I'lata.  The  island  of  Lobos,  at  the  month  of 
that  river,  contains  a  (pniMtity  of  seals  ami  is  farmed  by  the  Govern- 
ment of  Montevideo,  under  certain  restrictions,  that  the  hunter  shall 
take  them  only  at  stated  periods,  in  ovdai  to  prevent  extermination. 
The  system  of  extermination  wasimicticed,  however,  at  the  South  Shet- 
lands;  for  whenever  a  seal  reached  the  beach,  of  whatever  denomina- 
tion, he  was  immediately  killed  aud  his  skin  taken,  and  by  this  means, 
at  the  end  of  the  second  year  the  animals  became  nearly  extinct.  The 
young,  having  lost  their  mothers  when  only  three  or  four  <lays  old,  of 
ctmrse  died,  which  at  the  lowest  calculation  exceeded  1(K),000."  (Voy- 
agj,^8j  etc.,  i))).  141,  142.)  The  history  of  the  South  Shetland  seal  fishery 
snice  tins  ihdTscrtininaTe  and  exterminating  slaughter  is  thus  given  by 
C.  A.  Williams  in  his  rei)()rt  to  a  committee  of  Congress  on  Merchant 
Marine  ami  Fisheries  in  1888:  "  In  1872,  fifty  years  after  the  slaughter 
at  the  Shetland  Islands,  the  localities  before  mentioned  were  all  revisited 
by  another  generation  of  hunters,  and  in  the  sixteen  years  that  have 
elapsed  they  have  searched  every  beach  and  gleaned  every  rock  known 
to  their  prede<'essors  and  found  a  few  secluded  and  inhospitable  places 
before  unknown,  and  the  net  result  of  all  their  toil  and  daring  for  the 
yeai'S  scarcely  amounted  to  4r),()0()  skins;  ami  now  not  even  a  remnant 
remains  save  on  the  rocks  oft"  the  pitch  of  Cape  Horn.  The  last  vessel 
at  South  Shetlan<l  this  year  of  1888,  after  hunting  all  the  group,  found 
only  thirty-live  skins,  and  the  last,  at  Kerguelan  Land,  (mly  sixty-one, 
including  pups.  So  in  Avretched  waste  and  wanton  destruction  has  gone 
out  forever  from  the  Southern  Seas  a  race  of  animals  useful  to  man  and 
a  possible  industry  connected  with  them.  Audit  is  plain  that  witlumt 
the  aid  of  law  to  guide  and  control  no  other  result  could  have  been  ex- 
pected or  attained." 

The  narrative  is  brought  down  to  date  by  the  following  testimony 
from  the  athdavit  of  Capt.  James  W.  Budington:  "The  shores  of  these 
islands  were  once  covered  with  seals,  but  there  are  ])ractically  none 
there  now.  I  don't  think  100  skins  could  be  taken  from  there  at  the 
present  time,  while  I  have  known  of  one  vessel  taking  (50,000  in  a  sea- 
son." He  adds  that  in  the  season  of  1871-72,  six  \essels  took  about 
12,000  skins,  and  that  in  1873-'74  a  tieet  of  seven  vessels  took  about 


SEAL   HUNTIN(;    IX    THE   SOUTHKIJN    IIKMI«PIIERE. 


390 


r),(H)0.  Tp  to  ISSO  from  1(K)  to  L'(H»  wciv  taken  amiually.  Since  1.S.S0 
the  r(»okeiie.s  were  not  worked  iintil  l.s.s.S-'8l>,  when  Captain  L5u«lingtoii 
took  30  skins,  and  ISIU,  41  skins. 

SOUTH   GEOUaiA   ISLAND. 

The  island  of  SontU  (ieoigia  is  situated  about ;{()()  niih's  east  of  Cape 
Horn  in  about hjtitud«'  o.-p  soutli.  When  the  island  was  tirst  discovered 
s»'a-elephants  and  fur-seals  were  abundant  on  its  shores.  Capt. 
Edmund  Fauninj;',  of  the  Amerieau  eorvett*'  AsjKisid,  visited  this  ishind 
in  l.SIMI  and  secured  a  ear;io  of  ."iTjOOO  fur-seals,  and  states  that  sixteen 
other  vessels  j)rocured,  at  the  same  island,  between  November,  1S(K>, 
and  February,  1S(H,  (m,(KM>  fur  seal  skins,  makiu<>  a  total  of  11L',(KM) 
skins  taken  tln-ic  in  a  sinjile  season  f  Fannin^',  V'o}'affl's,  p.  2D1)).  The 
slaughter  continued  <lurinjn'  su<'ceedin;i-  yeais  untTltho  supply  of  seals 
was  exhausted,  th»'  total  nnnilter  of  fur-seal  skins  tak»'n  here  durinjn" 
these  early  years  being  estimated  by  Captain  Weddell  at  not  less  than 
1,L'()0,000.  He  also  states  writinj;  in  ISi'L':  "These  animals  art!  now 
ilmost  extinct."     (Voyages,  p.  .')■>.)     During  nniny  years  following  this 


lu'riod  of  slaughter  t 


.mia-j^s^j, 
tlie  island 


was  rarely  molested  by  sealers,  but  so  few- 


seals  had  been  left  alivo  that  their  increase  was  very  slow.  Captain 
Morrell,  in  November,  ISliL',  vainly  searched  its  shoies  for  several  days 
for  fur-seals.  (Voyages,  p.  r»8.)  ('apt.  .lames  VV.  Hudington  states 
(affidavit)  that  on  visiting  the  island  in  bSTt  In*  touk  1,4'A)  skins,  and 
that  in  1S7.~)  tive  vessels  secured  (iOO;  the  next  season  (l.S7(!)  four  ves- 
sels obtained  110.  The  island  was  not  worked  again  till  .lainiary,  ISiL*, 
wlien  Captain  Uudington  took  l.'»."»  fur  seal  skins,  ''none,  however, 
coming  from  the  old  rookeries,''  which  had  become  practically  exter- 
minated long  before.  "The  seals  of  South  (b-orgia,"  says  Captain  Bud- 
ington,  "  are  ])ractically  extinct."  (See  also  allidavit  of  Alfred  Fraser, 
of  the  firm  of  C.  31.  Lampson  &  Co.,  London.) 

Mr.  George  Comer  who  visited  the  island  in  ISSl  and  LS8(»  asnuiteof 
a  sealing  vessel,  says  (atlidavit),  ''VV^e  heard  reports  of  the  inimber  of 
seals  formerly  taken  there,  but  we  did  not  get  a  seal,  ami  saw  only 
one."    He  took  three  there,  however,  in  1887, 

SANDWICH  LAND. 

Early  in  the  present  century  many  fur-seals  were  taken  at  IJouvette 
Island  and  Sandwich  Land,  small  islands  a  few  hundred  miles  south- 
west of  South  Georgia,  but  when  visited  by  Captain  Morrell  in  1822, 
he  found  not  a  single  fur-seal  at  Sandwich  Land,  and  succeeded  in 
jn'ocujing  only  about  200  at  Bouvette  Island.  (Morrell's  Voyages,  pp. 
'}S,  59,  and  GO.) 

According  to  Captain  IJudington  (atlidavit),  in  1875-'7G,  the  southern 
island  of  Sandwich  Land  was  searched  unsuccessfully  for  seals,  but 
about  2,000  were  taken  that  season  on  the  northern  island,  where  also 
in  the  season  of  187(i-'77  six  vessels  took  about  4,000.  The  next  year's 
catch,  however,  did  uot  exceed  100  skins.  During  the  season  of  1880-'81 
the  island  was  again  visited  but  no  seals  were  taken.  In  1801-'l)2  about 
400  were  obtained  and  about  200  more  were  seen.  Prior  to  1871  the 
Sandwich  Land  gnmp  of  islands  had  not  been  worked  for  twenty-five 
or  thirty  years,  during  which  time  the  seals  had  greatly  increased  in 
numbers  and  had  become  very  tame.  At  first  they  were  easily  killed 
with  clubs,  but  since  1880  it  has  been  necessary  to  shoot  them.  Old  and 
young  were  killed  indiscriminately,  only  the  young  pujis  being  left, 


I 


It 

I 

is; 


['Sp 


m 


•ii 


^u 


400 


AHTICLE    HY    DH.    J.    A.    ALI-KN. 


wljicli  were  killiMl  by  buzzards  or  died  of  stiiiviitioii.  (Captain  l'>iulin<;- 
top  further  adds  that  "seals  in  the  Antarctic  r«'yi(»ns  arc  piiK-tically 
extinct,  and  I  have  j^ivcn  up  the  i>usiness  as  bcin^  uninotitabh'.  The 
wliole  aninuil  eateh  lor  seven  vessels  has  not  exceeded  1',({(H)  sKius  for 
the  iHst  four  years." 

TRISTAN   DA  (JUNIIA    ISLANDS    AND   CiOVOII  ISLAND. 

The  Tristan  group  of  ishinds,  situated  in  the  South  Atlantic,  about 
midway  between  South  America  and  tlui  Cape  <)f  (l<»od  Hope,  waslirat 
visited  for  fur-seals  in  L7!KI,  by  Captain  I'atten,  of  the  Anieiican 
scluMMier  ItKlustrj/,  of  Philadelphia,  who  secuii'd  5,()00  skins.  Larj;e 
numbers  are  said  to  have  been  subseipiently  obtained  there,  probably 
mainly  from  the  snialhM-  islands  of  the  yroup,  Inaccessibh^  and  Ni;;ht- 
ingale  islands.  The  latter  is  a[)purently  still  fre(iuented  by  a  few  fur- 
seals. 

Gouyh  Island,  somewhat  to  the  southward  of  the  Tristan  yioup, 
formerlv  abounded  with  fur-seals.  Captain  Mm-rell, 
o.M.gh  iHiami.  ^vritin{r' in  1S21>,  says:  '"This  island  'used  to  TrtTOmtrl 
with  fur-seal  and  sea-elephants;  but  they  were  so  much  annoyed  by 
their  relentless  persecuters  that  they  have  souj^ht  more  sate  and  dis- 
tant retreats,  perhaps  some  lonely  ishis  in  the  southern  o(!ean  as  yet 
unknown  to  that  fell  destroyer,  man.  These  ])laces  mi;;ht  be  easily 
found,  however,  if  merchants  were  willing;  to  risk  the  expense  of  the 
attempt."    (Vmages,  p.  3o(i.)     Fur  seals  appear  to  have  survived  at 


(rough  Ishiud,  howler,  tni  the  present  time.  Mr.  (Jeorge  Comer  states 
(in  his  affidavit)  that  his  vessel  put  six  men  on  the  island  in  1.S87,  where 
they  renuiined  nine  months,  taking-  about  forty  <tr  fifty  skins.  He 
adds:  "  Years  before  the  English  had  had  tlu'  working- of  Cough  Is- 
land and  had  run  the  business  out,  so  there  were  i>ractically  no  seals 
there." 

PRINCE  EDWARD    AND  CVKOZKT  ISLANDS. 

The  Prince  Edward  Islands  are  situated  about  1)00  miles  southeast  of 
the  Cai)e  of  (lood  Hope.  They  formerly  yielded  a  large  supply  of  both 
fur-seals  ami  sea-elephants.  About  l.SOO  ('apt.  II.  Fanning,  in  the 
American  shij)  Catlicrinc,  of  ^New  York,  obtaine<l  a  full  cargo  of  fur- 
seals  at  tlu'se  islands,  as  did  other  v«'ssels  the  same  year.  At  that 
time  the  islands  were  fre<|uented  by  vast  nund)ers  of  seals,  but  «letinite 
statistics  respecting-  the  nund)er  taken  are  m)t  available.  (Fanning's 
Voyages,  pp.  330  and  338.) 

The  Crozet  Islands  are  in  the  same  latitude  (alnrnt  40°  S.)  as  Prince 
Edw^ard  Islands  and  Kerguelen  Land,  and  about  half 
way  between  these  two  groups.  The  first  sealei-  to 
visit  them  was  Captain  Fannin;;,  iu  I80r>;  but,  although  he  fonml  an 
abundance  of  fur-seals  there,  he  passed  on  to  the  Prince  lOdward 
group.  Later  both  sea-elephsrit-:  and  fur-seals  were  taken  in  largo 
numbers,  seal  hunting  being  ciimed  on  here  for  many  years.  At  Pos- 
session Island,  the  largest  of  the  group,  Capt.  Lindesay  Brine,  R.  N., 
refers  to  finding,  in  1870,  ''hundreds  of  seals,  which  were  resting  on  the 
damp  grass  bordering  on  the  stream  whiidi  at  this  ])oint  enters  the  sea." 
(Geogr.  Mag.,  1877,  p.  207.) 

In  1887,  according  to  George  Comer  (see  his  affidavit),  a  sealing  party 
was  left  by  him  on  these  islands  for  five  months,  but  they  took  only 
three  seals.  The  English  at  Cape  Town,  says  Mr.  Comer,  had  recom- 
mended us  to  go  there,  because  they  said  that  "  formerly  they  had  taken 
a  great  nubiuer  of  skins  there." 


Crozet  IsIamU. 


J    rj 


<||AL    HlJNTINii    IN    TlIK    SOl'TIIEUN    HKMISI'IIERE. 


401 


KKIKa'Kl.EN   LAND. 


This  liM'K*'  isliiixl.  also  known  as  l)<>solation  Island,  wliich  lies  in  tlie 
soiitticrn  Indian  Ocean,  in  abont  latitndc  V,P  H.,  and  in  alxint  lon|{i- 
tndf  <»l>o  K.,  Inis  lonj;  lu'eii  crh'bratt'd  for  tlie  yieat  numbers  of  sea- 
elcplnints   tnkcn  tli<  It  lias  also  furnislicd  a  small  supply  of  fur> 

seals.  Healin^r  Im  ^.ui  heie  as  early  as  1<S3(),  and  lias  eontinned  till  the 
present  time,  mainly  for  sea  elephants,  iir.  LL  Jl..AIusdey,  of  the 
Clialhiijirr  expt 'lition.  states  that  in  .lanuary,  1874,  two  of  the  whaling; 
sehoonerH  then  ;it  the  islaml  ^'killed  over  seventy  fur-seals  on  one 
day  an<l  upwards  of  twenty  on  another  at  some  suiall  islands  off  H(»we8 
Koreland."  "it  is  a  pity,"  he  adds,  "that  some  Tiiseretion  is  not  exer- 
<'ised  in  killing  the  aninuils.  *  •  ♦  The  sealers  in  Kerjiuelen  Land 
kill  all  they  ean  tind."    (Notes  liy  a  naturalist  on  i\xeCJLalUHffn\  p.  189.) 

Kespeetiufj;  its  still  nn)re're«*eiif  Tiistory,  the  fidlowinj;'  nniy  he  eited 
from  the  atlidavit  of  Mr.  Geor};e  Comer,  who  spent  live  months  there 
in  the  winter  of  1S8;1  and  1884,  obtaininj-'  six  seals,  lie  says  further: 
"Ab(Mit  18a<)  this  island  was  visited  by  an  American  who  pra<'tieally 
eU'aned  oft"  the  seals.  The  captain  I  shipped  with,  Josejdi  Fuller,  vis- 
ited the  island  in  1880  and  took  .■{,(»()(>  seals,  praeti«-ally  all  there  were; 
and  this  was  the  increase  for  thirty  years  fiom  1800."  Heard  Island, 
about  .'500  miles  south  of  Kerfjueh'U  Land,  which  has  been  a  note<l  hunt- 
in  j;' jirouud  for  sea  elei)hant8,  appears  to  have  uever  been  much  of  a 
tur-seal  resort. 

BOllDEU'S    ISLAND,    ANTIPODKS    ISLANDS,    BOUNTY    'SLANDS,     AUCK- 
LAND   ISLANDS,  KTC. 

About  the  beginning  of  the  present  century  the  ocirurrence  of  fur 
ami  hair-seals  in  considerable  numbers  along  the  .  ,  ,  „  .„ 
southwestern  coast  ot  Australia  and  in  the  vicinity  ot 
Tasmania  ami  New  Zealand  was  made  known  by  Cook,  liass,  Flinders, 
Anson,  Peron,  l{<>ss,  and  other  early  navigators.'  A  little  later,  stim- 
ulated by  these  reports,  the  adventurous  sealers  discovered  an  appar- 
ently almost  inexhaustible  sup|>ly  of  these  animals  on  the  numerous 
small  islaiiils  oil' the  southeastern  coast  of  New  Zea- 
land.  Ucu'der's  Island  was  discovered  by  Cai)tain  IVn- 
dleton,  of  the  American  brig  Union,,  (»f  New  York,  in  1802.  Although 
he  reached  here  toward  the  end  of  the  sealing  season,  he  secured  some 
14,000  fur-seal  skins.  He  also  visited  Antijiodes  .,,,.., 
Islands,  where  he  left  a  crew  of  men  to  take  seals  and  "  '''"* '" 
await  the  return  of  the  vessel  from  Sydney,  New  8outh  Wales,  which, 
however,  was  lost  on  a  subseciuent  cruise  to  the  Feejee  Islands.  On 
the  receipt  of  this  sad  news  at  Sydney,  "  Mr.  Lord  chartered  a  ship  and 
j)roceede«l  with  her  to  the  island  of  Antipodes.  At  this  place  the 
oHicers  and  crew  whom  Captain  Pendleton  had  left  there  had  taken 
and  cured  rising  of  00,000  prime  fur  seal  skins,  a  parcel  of  very  su- 
perior «iuality."    (Fanning,  Voyages, ^tc  i>.  '.i^^ti.) 

Polack  states  that  INFacipiaric  fsTaiid  was  discovered  by  a  sealing 
master  in  1811,  who  pr(icur«'d  there  a  cargo  of  80,000 
seal  skins.     (Polack,  New  Zealand,  ii,  p  .'i76.) 

JMr.  A.  \V.  Scott  states^mt'  tnttormTTCtOTrlttriiished  by  a  professi(mal 
sealer  named  Morris:  "In  New  South  Wales  the  sealing  trade  was  at 


'  For  a  «letiiil«Ml  compilation  of  these  early  accuuutH,  see  Clark  (J.  W.)  in  Proo. 
Zoiil.  Sot'.  Loudon,  1875,  pp.  653-658. 


.hi 


402 


ARTICLE    BY    DR.    J.    A.    ALLEN. 


■ !  I!"' 


liis  licifflit  from  ISIO  to  1820;  the  first  systciiiiitic  pioiiiotcrs  of  wliicli 
were  tlie  Syiliioy  tiriiis  of  ('iibl«>,  Lord,  tS:  riulerwood,  KMlry  i^  -loiios, 
Jlivnic.  1111(1  Iloiik  &  Caii»i)l»ell.  .  .  To  so  gn'wt  an  extent  was 
tli.s  iiMlis<'iiminat('  killiii};'  caiTied  that  in  two  years  (1S14-181."))  no  less 
than  4(M>,(KK)  skins  were  obtained  from  Penantepod,  or  AntijMxles  Island 
alone,  and  necessarily  c<dleeted  in  so  hasty  a  manner  that  very  many  of 
them  were  imperfectly  cnred.  The  ship  P<'(in,ssii.s  took  home  1()(>,0()()  of 
these  in  hulk,  and  (»n  her  arrival  in  London  the  skins,  havinj;'  heated 
during-  the  voyajie,  had  to  be  dufj;  ont  of  the  hold,  and  were  sold  as 
niannre,  a  sad  and  icckless  waste  of  life."  (Scott,  Mammalia,  Ilecent 
and  Extinct,  IMnnata,  i)p.  IS,  1!».)  According'  to  other  anthorities,  the 
2sew  Zealand  sealinji'  indnstry  ceased  to  be  a  payiu};'  investment  prior 

to  i.so;{. 

Kespecting  the  Auckland  Islands,  MorreH  says:  ''In  the  year  LS2.'i, 
.  ,,  ,  ^,  ,  Cant.  Itobeit  Johnson,  ni  tlie  sclutoner  //c»>'w,  of  New 
lork,  took  trom  this  island  and  the  surrounding  islets 
about  l."),0()0  of  as  good  fur-seal  skins  as  ever  were  brought  to  the 
New  Yoik  market.  .  .  .  Although  the  Auckland  Isles  once 
abounded  with  numerous  herds  of  fur  and  hair-seals,  the  American 
and  English  seamen  engaged  in  this  business  have  made  sucli  clean 
work  of  it  as  scarcely  to  leave  a  breed;  at  all  eNcnts,  there  was  not 
one  fur  seal  to  be  found  on  the  Jrth  of  January,  1830/'  (Morrell,  V^oy- 
jiges,  p.  'M'hi,)  --—"-■ 

E aTIy~iTr  1 1 1 e  present  century  mauy  fur  and  hair-seals  were  taken 
from  the  Bounty  Isles,  near  the  southern  end  of  Xew 
Zealand;  from  the  Snar«'S  and  the  Traps,  from  Stew- 
arts, (Jhafhani,  and  ("amjibeirs  Islands,  and  also  from  other  islands  to 
the  Southward  <»f  New  Zealand;  but  at  most  of  these  ])oints  they  ap- 
jK'ar  to  have  be.'onie  very  soon  practically  exterminated.  A  few  sur- 
vived the  general  slaughter,  and  in  recent  years,  under  the  protection 
of  the  (lovernment  of  the  Colony  of  Xev,  Zealand,  have  so  far  in- 
creased that  there  have  been  of  late  years  a  small  annual  catch  of  fur- 
seals  in  the  Xew  Zealand  waters,  amounting  to  from  1,000  to  2,000  per 
year.    (Attidavit  of  Emil  Teichmann.) 


Bounty  Isli's. 


I  ' 


ST.   PAUL    A^D  AMSTERDAM  ISLANDS. 

These  islands,  situated  in  the  southern  Indian  ()c<'an  (abcuit  lat.  ."iS^ 
S  ,  long.  77°  .■)5'  E.),  midway  between  the  Cape  of  (ioodUope  and  Aus- 
ti-alia,  were  first  visited  by  Capt.  Henry  Cox  in  May,  1780.  He  says: 
''On  first  landing,  we  found  the  shore  co\-ered  with  such  multitude  (»f 
Si'als  that  we  were  (obliged  to  disperse  tliein  before  we  got  out  of  the 
boat.  .  .  .  We  procured  here  a  thousand  seal  skins  of  a  very  su- 
perior (luality,  while  we  remaiiu'd  at  tiie  island  of  Amsterdam,  bcsid<'S 
several  casks  of  g(M»d  oil  for  our  binnacles  and  other  purposes."  (Cox 
Voy.  to  Teiieriffe,  Amstciilam,  etc.,  p.  10.) 

Lord  Macartney,  who  ttaiched  at  Amsterdam  in  177."?,  found  five  men 
here  collecting  seal  skins  for  fhcCimlon  market.  He  says  of  the  seals: 
"In  tile  summer  nionfhs  they  come  ii>hore.  somefiines  in  droves  (»fS(M> 
or  1,0(10  at  a  time,  out  of  which  100  ai<'  <lesfoycd,  that  number  being  as 
many  as  o  nn'ii  can  skin  and  jtcg  down  to  dry  in  the  course  (»1  a  "ay. 
.  .  .  INIost  of  those  which  c(»iiie  ashore  are  females,  in  the  pro]»or- 
ticni  of  more  than  thirty  to  one  male."  (Sir  (1.  Staunton,  Ace.  <)f  an. 
Embassy  from  the  King  of  (Ireat  Britain  to  the  Eiiiper<u' of  China,  I, 
p.  210.)' 

1  find  no  delinite  references  to  sealing  at  these  islands  iu  later  years, 


mm 


SEAL   HUNTING   IN    THE    SOUTHERN   HEMISPHERE. 


'403 


Imt  it  is  ju'ohiiblc  tlicy  were  iKtt  (tvciloctkcd  by  tlic  ciitcrprisiiiji'  scalers 
wlio.  diiiiiijH'  tilt'  next  Hfty  yenis,  »'X|.l(»i«'(l  every  iiu<»k  Jiiul  corner  oftlio 
soiitliern  seas  in  sciireli  (»t'|>i<'y.  Seoicsofvoyajics  are  simply  credited, 
in  Mr.  A.  Howard  ('Uirl<e's  statistical  liistory  of  fur  sealinjn  (already 
cite7ry^TrO\vcver,""siinply  t6  tlie  "■  Sontliern  Seas."  M.  ('inules  N'elain, 
wlio  visited  tliese  islands  in  1S74,  with  the  French  Transit  of  \'cniis 
lv\l»edition,  reports  that  tht'y  wer»'  at  that  date  still  visited  by  consid- 
erable heids  of  fur  seals.  (Cf.  J.  W.  Clark,  Troc.  Zoiil.  !Soc.  London, 
J87.">,  p.  GoJ.)  ~"  "      -         "^^ 

WEST   COAST   OF   SOUTH  AFRICA  AND   ADJACENT  ISLANDS. 


As  early  as  the  year  171M>,  sealing  voyagos  wore  made  to  the  west 
coast  of  South  Africa,  and  a  greater  or  less  number  of 

,.  I  ..  till  i-i.  1  Sdiitli  Alrnii. 

tiir  seals  appeal'  to  have  l»een  taken  here  at  intervals 
from  that  time  till  the  ju'e^^ent.     In  October  and  November,  ISiiS,  ('a]>t. 
]ienjamii'.  ]\Iorrel|  ciuised  along  tin'  west  coast  fiom  the  Ca])e  of  (lood 
Hope  to  Walwieli  l»ay,  in  about  L'.'P  S..  searching  for  seals.     l"'roin  his 
narrative  it  appears  that  he  liist  met  with  them  at  a  small  island  in 
latitude  .'31°  '62'  S.,  about  half  a  mile  off  the  coast.     (]Morrell,  Voyages.) 
At  Ichaboe  Island,  8  leagues  north  of  Angrarequena,  he  found  great 
numbers  of  fur-seals,  and  "took  about  a  thousand  of     ,  ,  ,     ,  ,     , 
their  skins  in  a  lew  days."    lie  speaks  oi  the  island  as 
the  resort  of  "multitudes  of  fur-seals."    (//>/>/.  p.  li!»4.)     Having  taken 
"as  many  Fur-i?'.eal  skins  here  as  was  practicable,"  he 
jiassed  on  a  few  leagues  farther  to  Mercury  Island  (lat. 
1*.')°  41"  S.,  long.  14°  r)8'  E.),  where  be  took  about  a  thousand  Fur-Seal 


iiiv  Nliinil. 


]>ii«l  Island. 


skins.  At  Bird  Island,  about  1  degree  farther  north, 
lie  obtained  "the  skins  ot  1,400  fui-seal  at  one  time, 
although  the  landing  was  very  bad."'  (//>/</.,  pp.  2!tr»,  20r».)  "As  the 
season  (November)  was  not  sufliciently  advanced  1'or  the  seals  to  coim^ 
np  in  their  iisiial  numbers  on  the  islands  and  rocks''  soiitl'  of  Walwich 
l>ay,  he  made  an  excursion  into  the  interior  and  again  sited  these 
islands  about  the  end  of  December.  He  then  took  a  few  seals  from 
Bird  Island,  and  made  an  attack  upon  those  on  Mercury  Island.  "Tlu^ 
rush  of  my  little  party,"  he  says,  "was  simultaneous;  every  nerve  and 
muscle  was  exerted,  and  we  had  reached  the  oi»posite  side  of  the  rook- 
ery, killing  several  seal  on  our  w.iy,  Avhen  we  found  that  the  other 
])aity,  under  command  of  Mr.  Burton,  had  been  stopjted  in  "iniil-course' 
about  the  center  of  the  rookery  by  the  immense  number  of  seal  that  be- 
gan to  pour  down  the  steej)  rocks  and  i)recii)ices  like  an  irresistible  tor- 
rent, bearing  down  their  assailants, and  takingseveral  of  the  men  nearly 
into  the  sea  with  them.  .  .  .  Several  nuinlred  fur  seal  were  left 
lifeles.j  on  the  shore  and  rock.;;."  Owing  to  a  fatal  accident  to  one  of 
his  uiost  valued  men,  due  to  a  heavy  breaker  eiigulting  three  of  the 
])arty,  the  island,  with  its  wealth  of  seals,  was  immediately  abandoned 
and  the  vessel  returned  directly  to  the  Cajjc  of  (Jo(*d  IIo[>e,  having 
take.i,  in  all,  about  4,000  seals.     {Jhid..  j.p.  ;5()4-;?0(;.) 

In  18.10  Capt.  (liiiihni  L.  .Vllyn,  with  the  sealing  sclKtouer  Spark,  of 
New  Lond(Ui,  t'onn.,  \isited  Ichaboe  Island,  but  arrived  too  late  in  tlu^ 
season  (.lanuary  14)  to  secure  many  fur-seals.  He  found  the  caii.'asses 
of  about  a  thousand  from  which  the  skins  had  been  removed  by  sealers 
who  had  |»receded  him  the  same  season.  He  says,  speaking  (»f  tlu^ 
coast  geiierall,\  :  "The  coast  was  well  sealed,  and  we  eouhl  only  glean  a 

few    from    the  roughest  rocks We  found  a  few   Seals  at 

each  landini 


and  by  the  0th    of  Se[ttember  had  taken 


>   ■i.te'lfl 


Mi    '1.  , 


*i 


404 


ARTICLE    BY    DR.    J.    A.    ALLEN. 


GOO  Seal  skins."  lie  secured  siniiU  cati^lies  at  intervals  during  the  f(d- 
lowin}>'  months,  and  started  for  home  on  March  31,  1831,  with  a  carj^o 
of  3,700  skins.  In  183-4  he  made  another  voyage  with  two  vessels  to 
tlie  same  coast,  visiting  Icliaboe,  Mercuiy,  and  Bird  islands.  The  first 
season's  work  amounted  to  only  about  800  skins,  the  seals  being  scarce 
and  shy.  Respecting  the  next  season  (1835)  iu^  says:  "The  Seals  hav- 
ing been  harassed  so  much,  the  prospect  was  slim  for  the  next  season, 
but  by  putting  men  on  the  suudl  rocks  to  slioot  them,  and  by  great 
diligence,  we  managed  to  secure  about  1,000  skins  to  both  vessels, 
which  was  a  slim  seas<m's  wm-k."  (Caiit.G.  L^llyn.  The  Old  Saihn-'s 
Story+jjs  (^^uoted  ])y  Mr._i^^  HowardTllark.)        "  ^      "    ^'  -^ 

Sealing  ai)pears  to  ITave  been  abandoned  for  some  years  following  on 
the  African  coast,  owing  to  the  low  price  of  s«'al-furs  and  the  scarcity 
of  tlie  seals.  It  has,  however,  since  been  resumed,  and  placed  under 
restrictions  by  the  Government  of  the  Colony  of  the 
Cape  of  Good  Hope,  the  seal  islands  being  rentetl  to  a, 
sealing  company  under  certain  stipulated  conditions, 
and  poaching  rigorously  prohibited.  The  yield  is  small 
but  steady,  av<'raging  about  5,000  skins  per  annum. 
(Affidavit  of  Emil  Teichmauu,  of  the  London  Urm  of  furriers,  C.  M. 
Lamx'son  &  Co.) 


Cape  of  (iood  Ilupe. 


Government 
lations. 


regu- 


m 


PART    III. 


THE  ALASKAN  FUR-SliAL  AND  PELAGIC  SEALING. 

By  J.  A.  Allen. 

By  request  of  the  Secn'taiy  of  State  of  tlie  United  States  I  have  ex- 
amined tlie  i'ei)oit  of  tiie  Conimissioneis  appointed  by  the  President  iu 
1801  to  investiji'ate  the  subject  of  the  fnr-seal  industry  as  (conducted 
at  the  l'rii>ilof  Ishunls,  and  the  inriuen<'e  of  peiaj-ic  seal  huntinj*'  in  its 
rehiti<fn  theieto;  also  the  numerous  alhdaAitsndatiny  to  the  p.inie  sub- 
jects obtained  by  the  Depaitment  of  State  from  former  United  States 
Treasury  agents  in  eharge  of  the  sralinj;  industry  at  tiie  said  islands; 
from  agents  of  the  Alaskan  Commercial,  the  North  American  Commer- 
cial, and  the  Russian  Sealskin  Companies;  from  officers  of  th«'  United 
States  Jtevenue  ^Marine;  from  masters  of  sealiiig  schooners  and  seal 
hunters  engaged  in  pelagic;  sealing,  and  from  the  leading  dealers  and 
experts  in  the  fur-seal  trade,  as  well  as  the  history  of  many  now  ex- 
tinct fui'-seal  fisheries.  I  have  also  examined  the  rep(>rts,  statistics, 
ali'ulavits,  and  arguments  contained  in  the  Blue  Books  i)ublished  by 
command  of  Her  Britannic  Majestv  numbered  C.-(»1.{1  (I.SIM)),  C.-G;?<»8 
(1891),  C.-0G;};>  (1«!>2),  C.-OC-H  (1892),  and  C.-<)(5;}5  (1892),  and  the  An- 
nual Reports  of  the  Dejiartment  of  Fisheries  of  the  Dominion  of  Can- 
ada for  the  year>^  188.5  to  1891,  inclusive;  in  view  of  all  which  evi- 
dence and  testimonies  I  submit  the  foUowing  statement  in  relation  to 
the  principal  ])oints  of  the  subject: 

1.  The  true  home  of  the  lur-seals  of  the  eastern  waters  of  the  North 
Pacilic  Ocean  and  Bering  Sea  is  the  IMibilof  group  of 
islands  hi  Bering  Sea.     It  is  to  these  islands  that  tlui 
Seals  repair  aniumlly  to  breed,  and  there  is  no  evidence  that  they  breed 
elsewhere  than  on  these  islands.     It  is  evident,  from  what  we  know  of 
seal  life  elsewhere,  that  were  the  climate  sufficiently  mihl  in  winter 
they  would  undoubtedly  pass  the  whole  year  at  these  islands.    Owing, 
however,  to  the  inclemency  of  the  winter  months  the    ...     ..      ..     , 

tur-seals  are  huced  to  nngrate  southward  ni  search  ot 
food  and  a  milder  climate.  Some  of  the  males,  however,  espechdly  the 
bachelors,  are  known  to  remain  abcmt  the  islands,  particularly  in  mild 
winters,  nearly  the  whole  year,  (lenerally  the  greater  part  move  south- 
ward and  eastward  to  sonu'  point  south  of  the  Aleutian  chain.  They 
leave  the  Pribih)f  fslands  miu'h  later  in  autumn  than  the  females  and 
young  seals,  and  return  thither  nnu*h  earlier  in  spring.  The  males  in 
returning  northward  in  s]>ring  evidently  jiass,  in  th«>  main, much  further 
from  the  coast  than  the  females,  and  their  northward  migrathni  is  more 
rapid  and  direct. 

The  females  on  leaving  the  islands  in  the  autumn  move  gradually 
southward  as  far  at  least  as  the  coast  of  Califorina,  where  they  were 
formerly  often  seen  in  large  numbers  in  January  and  February.  Later 
iuthe  season  theyproeee<l  gradually  northwvrd,  passing  gene'illy  quite 

405 


rriliilof  IslanilH. 


'•ssi 


/ 


406 


ARTICLE    BY    DR.    J.    A.    ALLEN. 


:...ii 


near  the  const,  the  route  varyiii};'  in  ditt'ereiit  yciirs,  hoinji-  evidently 
governed  by  the  runs  of  fish  and  thejiositiou  of  the  various  fisliinj;'  banks. 
They  move  leisur«'ly  as  eonipared  witli  the  niah's,  whicli  iiave  itreceded 
them,  the  femah's  bein<>-  lieavy  witli  younj;',  and  jtausinji'  often  to  feed 
and  sh'ep,  buthindmg  nowheretill  they  reach  their  sok'  and  only  breed 
inji'  {^rounds  on  the  Pribilof  Islands. 

Tlie  Pribilof  herd  has  thus  had  its  own  exclusive  home,  with  fixed 
and  definite  lines  of  migration  along  the  western  coast  of  North 
America. 

2.  The  Commander  Islands  herd  is  evidently  distinct  and  sejtarate 

,  ^ ,  ,  from  the  Pribilof  Islands  herd.  Its  home  is  th»'  Com- 
mander  group  of  islands  on  tlu'  western  sideot  Bering 
Sea,and  its  lineofmigration  is  westward  and  southward  alongtheAsiatic 
coast.  To  supi»ose  that  the  two  herds  mingle,  and  that  the  same  ani- 
mal may  at  one  time  be  a  member  of  one  herd  and  at  another  time  of 
the  other,  is  ccntrary  to  what  is  known  of  the  habits  of  migrating  ani- 
mals iu  general.  Besides,  while  the  two  herds  are  classified  by  nat- 
uralists as  belonging  to  one  and  the  same  species,  namely,  the  Callo- 
rliiniis  urxinus,  they  yet  present  slight  physical  differences,  as  in  the 
shai)e  of  the  body  and  in  the  character  of  the  hair  and  fur,  as  regai'ds 
bothcolorandtexture,sutticientiiotonly  to  enable  exjierts  in  the  fur  trade 
to  recogni/x'  ti>  "iiiich  herd  a  given  skin  belongs,  but  sutticient  to  affect 
its  commensal  /  '^-i'^  As  yet,  expert  naturalists  have  been  unable  to 
make  a  direct  co  .  son  of  the  two  animals,  but  the  differences  alleged 
by  furriers  asdislir.  .lishing  the  representatives  of  the  two  herds  i)oint 
to  their  being  separable  as  subspecies,  in  other  words,  as  well  marked 
geographic  phases,  and  thus  necessarily  distinct  iu  habitat  and  migra- 
tion. 

3.  Since  fur-seal  breeding  rookeries  are  reported  to  have  formerly 

existed  on  scmie  of  the  small  islands  off  southern  Cal- 

CaiffornH '"''"''*'''''"  '^'^'^"1*5  i*  ^"^^  hiiou  assuiiicd  that  they  were  a  i)ortion 
of  the  Pribilof  herd,  which  sometimes  reiuaiu  s(mth  to 
breed.     Such  an  assumption  is  entirely  opposed  to  what  is  known  of 
the  habits  and  distribution  of  marine  life  ami  to  well-grounded  principles 
of  geographic  distribution,  namely,  that  a  fur-seal  breeding  on  an 
arctic  island,  which  it  annually  travels  thousands  of  miles  to  reach, 
wcmld  also  choose  for  a  breeding  station  an  island  in  subtroi>ical  lati- 
tudes.    Fortunately  the  rebuttal  of  this  assumption  (htes  not  de])end 
upon  the  generalizati(His  of  the  naturalist,  since  si)eciniens  have  been 
recently  obtained  from  (luadalui)e  Island  which  show 
(iua.iuiui,.- iHiniu..    ^j^.^^^  ^^^j^j,^.  ^  fur-seal  formerly  occurre<l  there,  and  is 

still  found  there  in  small  numbers,  it  is  not  only  not  the  Pribilof  species, 
but  a  seal  behmging  to  a  distinct  genus,  hitherto  only  known  as  an  in- 
habitant of  the  southern  hemisphere.  This  Guadahii)e  Island  fur-seal, 
of  which  I  have  had  the  opjtortunity  of  examining,  in  conjunction  with 
Dr.  C.  Hart  ^[erriam,  a  series  of  four  skulls,  proves  to  be  a  s\tecies  of 
the  jreuns  A rctocephaUis,  iind  is  apparently  closely  allied  to  the  fur- 
seal  of  the  Galapagos  Islands,  the  i)reviously  most  northern  known 
limit  of  the  goiius. 

4.  There  is  not  only  no  evidence  to  sh()w  that  tlu'  fur-seal  of  the  Prib- 

ilof Islands  ever  lands  upon  any  ])art  of  the  shore  or  on 
F^r'sciis"*" '^''"'''""  any  part  of  the  islands  of  the  western  coast  of  North 

America  south  of  the  Piibilof  Islands,  but  there  is  also 
no  evidence  that  it  ever  brings  forth  its  young  at  sea,  either  iu  the 
water  or  <><i  floating  beds  of  kel|».  Such  a  method  of  bret'ding  is  obvi- 
ously a  |)hysical  impossibility,  when  the  character  of  the  animal,  and 
particularly  the  condition  of  the  young  at  birth,  is  duly  considered.     The 


THE   ALASKAN    FUR-SEAL   AND   PFJ  AGIO    SEALING. 


407 


yoniij;  fur-seal  is  exclusively  a  laml  aniiuiil  for  tlio  first  six  or  oijjflit  weeks 
(»f  its  life  and  (l(tos  ii(»t  voluntarily  visit  the  \vat<'r  till  alxmttlieeiidof  tliis 
period,  if  placed  in  tlie  water  durin<>'  tlie  first  few  weeks  of  its  exist- 
ence it  will  ([uickly  drown  if  left  to  itself.  Wlien  firstborn  it  is  encum- 
bered for  a  jiieater  or  l<'ss  lenytli  of  time  with  the  placental  env«'lopes, 
which  alone  would  insure  its  speedy  death  by  drowninji'  should  ]»arturi- 
tion  occur  in  the  water.  The  youn^'  fur-seal  avoids  ami  is  afraid  of 
tlu'  sea  until,  at  the  aj;e  of  six  t<)  eif'ht  weeks,  it  is  con<lueted  to  tiu' 
water  and  tautiht  to  swim  by  its  mother.  Of  this  fact  the  evidence  is 
unanimims  and  overwlielmin<;'.  The  claim  sometinu's  made  that  par- 
turiticMi  may  occur  in  the  open  sea  or  on  beds  of  floating  kelp  rests  on 
no  sound  evideiu-e,  and  is  (loubtless  due  to  misai)prehension  and  care- 
less observation. 

5.  Tlie  breedinji'  female  not  only  resorts  to  the  land  to  give  birth  to 
her  voung,  but  remains  there  until  she  has  been  again   „  ,    , 

'  i     1  1       ii  1  1  •    1  T  •!  •J.^        Mode  of  proimfiation. 

impregnated  by  the  male,  which  occuisor<nuarily  with- 
iu  a  i'vw  days  after  parturition.  Copulation  in  the  water  is  exceptional, 
if  ever  (tccurring,  aiul  is  probably  impossible,  owing  to  the  imnn'use 
dispaiity  in  si/e  between  the  sexes,  and  the  protracted  and  vicdent 
nature  of  the  act.  The  presumi»tioii  that  it  may  occur  in  the  water  is 
entirely  opi»osed  to  the  well-known  sexual  economy  of  the  species.  The 
males  a^'e  not  oidy  polygamous,  but  they  take  their  i>ositions  <m  the 
rookeries  hmg  before  the  females  arrive  at  the  islands,  fighting  not 
only  for  the  jiossession  of  their  cluKsen  stations,  but  for  the  females  as 
they  land,  which  they  gatln'r  about  them  in  as  large  numbers  as  pos- 
sible. Jealously  guarding  them  not  only  from  their  rivals,  but  to  i»re- 
vent  their  escai)ing  from  their  respective  harems.  If  i>arturition  and 
copulation  could  occur  in  the  sea  the  exercise  of  any  such  tyrannical 
juiisdiction  of  the  males  over  the  females  would  be  impossible  and  the 
seraglio  system  so  well  established  not  (udy  in  the  case  of  this  species, 
but  in  all  its  allies,  would  not  be  the  one  striking  feature  in  the  sexual 
economy  of  the  whole  eared-seal  family,  wherever  its  representatives 
are  found. 

<>.  Only  males  of  6  years  old  and  upwards  have  the  courage  and  phys- 
ical endurance  to  render  them  successful  contestants  for  positi(»ns  on 
the  breeding  rookeries,  and  only  a  portion  of  these  are  able  to  establish 
harems  and  serve  the  females.  It  is  a  well  established  fact  that  a  bull 
of  this  class  is  able  to  serve  from  forty  to  sixty  females,  the  number  he 
actually  serves  varying  more  or  less  according  to  his  success  in  gather- 
ing the  females  to  form  his  harem.  As  the  numberof  mah'S  and  females 
annually  born  is  about  equal,  there  is  thus  an  immense  superfluity  of 
male  life,  s(»far  as  the  unlimited  i)eri»etuation  of  the  si»ecies  is  concerned. 

7.  The  history  of  the  I'ribilof  fur-seal  herd  shows  that  for  a  period 
of  about  15  years  it  was  p(»ssible  to  kill  for  commercial    ,.      ,„  .,.,  .. ,     , 

iiww<w><k  1  1  11  -ii  i.     hizf  ot  I'ritiilDt   herd. 

purposes  iO(»,0()0  young  male  seals  annually  with  not 
oidy  no  recognizable  decrease  or  deteri(mition  of  the  herd,  but  appar- 
ently a  decided  iucreasi;  up  to  alxuit  the  year  1SSI>.  The  following  three 
or  four  years  is  commonly  recognized  as  a  peritxl  of  stagnation,  during 
which  tiiiH'  thei'e  was  no  very  material  increaseor  decrease.  8iuce  1.SS4, 
however,  there  has  been  a  rapid  decline  not  only  in  the  number  of  kill- 
able  males,  but  iti  the  si/e  of  the  herd  as  a  whole. 

S.  This  remarkabh^  and   unexpected  decline  originated  through  no 
change  in  the  management  of  the  fur-seal  lier«l  at  the 
IMibih>f  Islamls.     During  the  last  two  or  three  years,  i^^^ii"','!,;'^""  '"  ^"^ 
however,  and  in  coii.>e.pience  of  th(>  decline  from  the 
lormer  status  of  the  herd,  it  has  been  necessary  to  lower  the  age  of  seals 


I'l' 


m 


fii 


408 


ARTICLE    MY    DK.    J.    A.    ALLEN. 


selected  ior  kill'T' ;,  iiiid  alsi)  ti>  rcilrive  i)!)i'ti(ms  of  the  herd,  in  order 
to  seeiin'  ev«'n  tiio  .i^reiitlyrestrieteil  ([iiotii  allowed  to  ho  taken  in  ISiK), 
the  last  year  of  killiii.u  tor  ecunuii'vcial  purposes.  This  decline  in  the 
number  of  Steals  on  the  l*ril)ilof  rookeries  is  coincident  with  the  increase 
in  the  number  of  seals  taken  by  pelajiic  sealing;'  in  the  waters  (tf  IJering 
Sea  and  of  the  North  Pacific  adjacent  to  the  Ameri(!aii  coast.  It  is  evi 
dent  from  the  statistiesof  the  Northwest  cateh, extendinjiover  a  period 
oftwenty  years,  that  pelaj^ic  sealin^i'  must  havebejiuu  toatt'ect  unfavor- 
ably the  Pribilof  herd  as  early  as  LSSO,  althou^ih  its  ette<'t  was  not  <'learly 
re<'0}»iiized  until  a  number  of  years  later.  These  statistics  show  that 
the  pelaj;ic  eateh  ()f  the  Northwest  Coast  from  1.S72  to  1SS4  a}if;reffated 
upward  of  ir>(>,()(K>  seals,  and  that  from  18S,>  to  1<S!>1.  inclusive,  the  North- 
west eateh  numbered  ujtward  of  3.{(»,(M)0,  Tlu'  annual  pelagic  cateh 
increased  from  abimt  2(>,(KK>  in  1S85  to  upwar<l  of  ()0,()0()  in  181H.  These 
flgures  ahme  indicate  an  immense  and  steadily  increasing  drain  upon 
the  I'ribilof  herd,  from  which  almost  solely  this  pelagie  catch  was 
drawn. 

9.  But  the  decline  of  the  Pribilof  her  I  has  been  far  greater  than  these 

statistics  wouhl  in  themselves  seem  to  imply.  A  care- 
ofTAS''H.aii"K.''''"''  *""^  analysis  of  the  character  of  the  Northwest  catch 

and  the  methods  of  pelagic  sealing  affords,  however,a 
complete  and  satisfactory  explanation  of  the  disaster  that  has  over- 
taken the  I'ribilof  herd,  in  the  first  place,  there  is  reasonable,  and 
apparently  wholly  conclusive,  evidence  that  at  least  SO  per  cent  of  the 
480,000  Seals  captured  by  pelagic  sealing  during  the  years  1872  to  1801 
(including  both  these  years),  were  female  seals,  by  far  the  greater  part 
of  which  were  either  heavy  with  young  or  had  young  dependent  on 
them  for  nourishment  when  killed.  Secondly,  the  actual  catch  as  re- 
ported repieseuts  only  a  portion  of  the  seals  killed  l)y  the  seal  hunt- 
ers, the  average  estimate  of  conservative  and  apparently  impartial 
reporters  being  that  about  00  per  cent  of  the  seals  killed  in  pelagic 
sealing  are  lost.  From  the  voluminous  «'vidence  in  hand  it  is  apparent 
that  this  estimate  is  nnich  below  the  actual  facts,  startling  as  they  s«'em. 
There  is  first  an  admitted  pelagic  catch  of  over  480,000  seals  during 
the  last  twenty  years;  it  is  assumed  that  in  taking  tliis  catch  288,(HI0 
additional  seals  were  killed,  making  a  total  of  7(58,000.  As  at  h'ast 
80  per  cent  of  these  may  be  assunu'd  to  have  been  females,  either  carry- 
ing young  or  haviii^  young  dependent  upon  them,  we  nuiy  add  012,400  as 
the  number  of  young  seals  (either  unborn  or  nuising  pu]>s)  destroyed 
through  the  death  of  the  breeding  females,  making  an  aggregate  loss 
to  the  Pribilof  herd  in  twenty  yeais  of  1,4.')0,000  seals.  Of  this  total 
two-thirds  were  killed  during  the  seven  years  preceding  1802,  to  which 
period  the  decline  in  the  Pribilof  herd  is  mainly  limited.  Throwing 
out  of  the  account  the  number  of  seals  killed  and  lost  by  pelagic  hunt- 
ing, the  reported  catch  alone  has  involved  the  death  of  500,0()0  seals 
in  seven  years.  Hence  the  assun»]»tion  that  the  total  annual  loss  dur- 
ing this  period  consequent  upon  jtelagic  sealing  nuist  aggregate  100,000 
is  quite  within  the  bounds  of  probability.  This  is  an  actual  subtrac- 
tion from  the  herd.  If  these  breeding  seals  and  pups  had  been  allowed 
to  live  and  reproduce,  it  is  reasonable  to  supp()se,  making  a  liberal  al- 
lowance for  the  natural  death  rate  and  for  the  continued  killing  of  the 
usual  number  of  young  male  seals  on  the  rookeries,  that  they  would 
have  added  at  least  1,00(M>00  seals  to  the  seal  population  of  1892. 

10.  The  only  elenu'ut  in  serious  controversy  upon  which  the  above 

estimates  in  part  depend  is  the  proportion  of   seals 

wmindea"s«ai8io8t.'*  killed  in  pelagi'  sealing  and  lost.     While  some  pelagic 

sealers  claim  (see  aftida\  its  in  the  British  Blue  Book, 


THE    ALASKAN    IMMi-SKAL   AM)    PKI^AOIC    SKALINO. 


40D 


0. -<»(!.").■>,  1S1)2)  that  nil  of  tlio  wouiulod  seals  wiiich  escape,  capture 
quickly  r«M'(!ver  troiu  their  \V(Min(ls  anU  in  icality  are  in»t  seriously  in- 
jured, only  about  .">  i>er  cent  at  most  beinj;-  lost,  otlu>r  seal  hunters,  pro- 
prietors and  masters  of  sealing;'  schooners,  and  others  who  have  had 
access  to  ti'ustworthy  sources  of  information,  admit  a  much  larger  per- 
centaji'c  of  loss,  ranj;in<;' from  1()  to  o()  per  cent,  or  even  hijiher.  That 
the  first  claim  is  absurd  is  evident  to  anyone  familiar  with  hunting', 
even  on  land,  where  the  chances  of  recovering  fatally  wounded  game 
are  at  a  maximum.  Only  such  seals  as  are  instantly  disabled  can  be 
secured,  and  even  many  of  these  nuist  be  lost,  since  the  sjtecilic  gravity 
of  a  dead  seal  is  great«'r  than  that  of  the  water  in  which  it  is  killed. 
Those  (Uiiy  wounded,  wln'ther  fatally  or  otiierwise,  dive  and  escape 
capture.  The  less  severely  wounded  may,  and  in  numy  cases  doubtless 
do,  recover  from  their  wounds;  but,  in  the  nature  of  things,  numy 
others  must  die  of  their  injuries.  There  is  a  wide  range  of  chances  be- 
tween an  instantaneously  fatal  or  disabling  shot  and  a  slight  wound 
from  which  the  victim  nuiy  readily  r<M'over,  with  obviously  a  large  pro- 
juution  of  them  on  the  fatal  side  of  the  dividing  line.  It  is  nec«'ssary, 
therefore  to  admit  that  a  very  large  number  of  seals  are  killed  in  i)e- 
lagic  sealing  which  form  no  part  of  the  actual  catch. 

11.  The  jtroof  of  the  j-laim  that  SO  toJX)  per  cent  (i)robably  th^  latter 
ligure  is  lu'arer  the  truth)  of  the  seals  killed  in  pelagic 
tsealing  are  females  is  varied  and  conclusive.  It  is  so  ,.,.J,'l'/';'^,',',,i'i:J,''''''"'^'" 
stated  by  the  experts  in  the  fur  tia<le,  wh(»se  busiiu'ss 
it  is  to  chissify  and  grade  the  skins  in  accordiince  with  their  value  and 
«|uality.  The  usual  marks  which  ( haracteri/e  nniternity  are  n(>t  only 
obvious  in  a  seal's  pelt,  but  the  (juality  of  the  jtelt  of  the  breeding 
female  is  nuich  inferior  to  that  of  the  "bachelor''  seals,  which  consti- 
tute the  catch  from  the  rookeries.  The  Xorthwest  ('oast  or  pelagic 
catch  has  sometimes  been  designati'd  in  the  tradeas  the  "•female  catch," 
from  the  great  predominance  of  female  pelts. 

Again,  dead  pujts  at  the  I'ribilof  rookeries  w«'re  of  rare  occurrence 
]>rior  to  pelagic  sealing  in  ISering  Sea,  being  too  infre 
(juent  to  attract  attention,  and  generally  due  to  sonu 
obvious  accident  on  the  rookeries.  Soon  after  ])elagic  sealing  lu'gan  in 
Bering  Sea  dead  i»ups  became  so  numei'ous  as  to  attract  general  atten- 
tion, both  by  their  number  and  conditi<nu  their  extreme  emaciation 
clearly  indicating  death  from  staivation.  The  number  of  (leadpui>son 
the  Pribilof  rookeries  at  the  end  of  the  season  in  ISQl  was  estiuiated 
by  good  authorities  at  LMM^OO. 

Jt  is  further  a  well  established  fact  that  the  mother  seal  recognizes 
her  own  young  and  will  permit  only  her  own  to  nurse  her.  Ilence 
every  unweaiu'd  puj)  which  loses  its  mother  is  doomed  to  die  of  starva- 
tion. It  is  further  well  known  that  the  mother  seals  lea\e  the  islands 
at  fre(|ucnt  intervals  and  proceed  far  out  to  sea  in  search  of  food. 

VJ.  From  the  evidence  in  hand  it  is  obvious  that  in  pelagic  sealing 
female  seals  are  not  killed  by  lueference  but  from 
necessity,  if  any  seals  are  to  be  taken:  first,  because  ,,,'i|:;ri','i"\iiii^f  *^°* 
in  the  North  I'aciHc  the  nuile  seals  are  too  alert  and 
travel  too  lapidly  to  be  readily  taken,  while  in  Uering  Sea  they  are 
either  continuously  on  the  islands  or  mak«^  only  short  and  infrequent 
excursions  into  the  o]»en  sea;  second,  because  the  females  while  in  the 
North  Pacific  are  less  agile  than  the  nudes,  being  heavy  with  young, 
and,  arriving  later  at  the  islands,  take  more  time  for  the  journey,  trav- 
eling less  rapidly  ami  si)ending  much  time  asleep  on  tlie  >vater,  ami 
are  thus  more  easily  approached  by  the  hunter;  in  Bering  Sea  they 
62 


Dead  piipH. 


I,li 


'^i 


410 


A11TICI>K    Ity    \)ll.    J.    A.    ALLEN. 


h\iiW  Hi'nWun 


iiiiik*'  lon^i'  cxi'iiisiniis  lor  loud,  iiiid  iirc  thus  iipiiri  hero  tnncli  more  <>\'- 
posi'd  to  the  iittacks  oftlie  lU'lajJiic  liiinter  than  thi^  males. 

l.'i.  I-'rom  th<'  lorefj^oiii};'  siimniai-y  it  i.s  evident  that  the  deelinein  the 
niMiiliei'  of  the  kilhibh^  seals  at  the  rril>ih»l'  rookeries 
!iI''r.',','iT,',.'!'''  '"  '"'  Kiid  tiie  iinnn'iise  dt'eii'asc  in  tlie  total  number  of  seals 
on  tlic  I'ribilof  lslan<lsare  not  due  to  any  change  in  the 
njanajienicnt  of  the  st'al  herd  at  the  islands,  but  to  the  dire<*t  and  uu- 
<luestional»ly  deleterious  elVeets  of  pelaji'ic  sealinj>'.  At  the  islands  the 
killinji'  is  rej^ulated  with  referenei^  t«>  the  number  of  killable  s»'als  (Ui 
the  rookeries;  the  desi^^nated  (piota  is  limited  to  noid)roediuff  yoiinj; 
males,  and  every  seal  killed  is  utilized.  The  killinjjf,  as  thus  ref^ulated, 
does  not  impair  the  product  iveiu'ss  of  the  rookeries.  In  pelagic  seal  in;;' 
the  slau<>'ht(>r  is  indiscriminate  and  unlimited,  and  a  large  ])ro|iortion 
of  the  seals  killed  are  lost.  The  catch  also  consists  almost  wh<>lly  of 
bre«'ding  females,  which  at  the  time  of  cajiture  are  j'ither  heavy  with 
young  or  have  young  on  the  I'ookeries  depending  upon  them  for  suste- 
uaiH-e.  Thus  two  or  moie  seals  are  desti'oy«'d  to  every  oiu' utilized  and 
lU'aiiy  all  an'  drawn  from  the  class  on  which  the  very  existen<'e  of  the 
seal  herd  depends. 

14.  The  r<'sults  of  pelagic  sealing  may  be  tlius  summarized:  (1)  The 
imnuMise  reduction  of  th<>  herd  at  the  Tribilof  Islands 

licsiilts    (if    iii'hiuic 
Di'iitiiiK. 


and  its  threatened  annihilation.  (2)  The  extermina- 
tion of  the  I'ribilof  herd  will  be  practically  a<*complishe(l 
witliin  a  few  years  if  pelagic  sealing  is  «'ontinued.  (3)  There  will  soon 
be  too  few  seals  left  in  the  North  Pacific  and  Bering  8ea  to  reiuler 
pelagic  sealing  commercially  profitable.  (4)  The  harm  already  done 
can  not  be  repaired  in  years,  even  if  all  sealing,  whi^ther  pelagic  or  at 
the  islands,  be  strictly  prohibited  for  a  considerable  iieriod. 


STATHMl'NTS  AND  LHITI-RS  01<  NATURAIJSTS. 


STATEMENT  BY  PROF.  T.  H.  HUXLEY. 

The  r<>ll:nviiiy  stiitoiiiciit  by  Prof.  T.  II.  Huxley,  V.  if.  «.,  etc.,  llic 
niiiiK'iit  iiiitiiiiilist,  WiiH  |n'e|»sii'«'(l  sit  tlie-  rcciucst  of  tlu'  coiiiiscl  for  the 
I'liitcd  Stales.  As  iippeiirs  from  the  statement  itself,  it  was  };iv(ui  by 
I'lofessor  Jluxley  as  a  scientist,  not  as  a  retained  advocate. 

1.  The  probh'in  of  the  liir-seal  tishery  apiJcars  to  nie  to  be  exactly 
analofjous  to  that  which  is  presented  by  salmon  lisheries.  The  Priltilof 
J shinds  answer  to  the  upper  waters  of  a  salmon  river;  the  JJeriny  Sea 
sontii  oftheman<l  the  waters  of  the  northwest  Pacidc  fioni  California 
to  tin;  Shnma}>'in  Islands  to  the  rest  of  the  course  of  the  rivei-,  its  estu 
ary,  and  the  adjacent  seacoast.  The  animals  breed  in  tlie  former  ami 
feed  in  the  latter,  migrating  at  regular  periods  from  the  one  to  the 
othei'. 

(The  (piestion  whether  the  fur-seals  have  any  breeding  places  on  the 
noithwest  <'oast  tmtside  of  IJering  Sea  may  be  left  open,  as  there  seems 
to  be  no  doubt  that  the  main  l)ody  breeds  at  the  Pribihtfs.) 

2.  An  ini])ortant  difference  is  that  the  fenndes,  bachelors,  and  yeai- 
ling  fur-seals  feed  largely  within  a  radius  of,  say,  ;">(►  miles  of  the  J'rib- 
il<>l  Islands,  while  the  adult  salmon  do  not  feed  (sensibly,  at  any  rate) 
in  the  upper  waters. 

,').  It  is  clear  in  the  ease  of  fur-seals,  as  in  that  of  the  salmon,  that 
man  is  an  agent  of  destruction  of  very  great  ]>otency,  jtrobably  out- 
weighing all  others.  It  w(udd  be  ]>ossible  in  the  case  of  a  salimui  river 
to  tish  it  in  such  a  fashion  that  every  ascending  or  desc<'nding  lish 
shouhl  be  caught  and  the  fishery  be  in  this  way  surely  and  com])letely 
destroyed.  All  our  salmon-lisheiy  legislation  isdirect<d  towards  tlieend 
of  ]>reservbig  the  br*'cding  grounds  on  the  one  hand  and,on  theother, 
of  pieventing  the  loAver-water  fishermen  fmm  capturing  too  large  a 
proportion  of  the  ascending  tish. 

4.  Our  fishery  regulati<ms  are  struct  and  minute.  Every  salmon  river 
has  its  fishery  boc'ird,  composed  of  representatives  of  both  the  upper  aiul 
the  lower  water  fisheries,  whose  business  it  is  to  mal;e  by-laws  under 
the  acts  of  Parliament  and  to  see  that  they  are  carrie<l  out.  A  (lovern- 
ment  inspector  of  fisheries  looks  after  them  and  holds  iiuiuirics  under 
the  authority  of  the  home  secretary  in  case  of  disjiutes.  On  the  whole, 
the  system  works  well.  The  fisheries  of  rivers,  which  have  be<'n  pretty 
nearly  deiJOjulated,  h.'ive  been  restored,  and  the  yield  of  the  best  is 
maintained,  liut  the  up])er-water  and  lower-water  ])roi>rietors  are 
everlastingly  at  war,  ea<'b  vowing  that  the  other  is  ruining  the  fisheries, 
and  the  ins]iector  has  large  oi)i)ortunities  of  estimating  the  value  of 
diametrically  opposite  assertions  about  matteis  of  fact . 

5.  Ill  the  case  of  tlu'  fur-seal  fisheiies,  the  destructive  agency  of  man 
is  luepotent  on  the  Pribilof  Islands.    It  is  obvious  that  the  seals  might 

411 


-I  -n 


412 


LETTEUS    OF    XAriJKALISTS, 


1m'  (k'stroyod  and  diivt'ii  awiiy  (;Mm|)l»'t('ly  in  two  or  tliroe  soason.H. 
Moreover,  as  the  nuiiihei'  of  "•  l>a('lielors''  in  any  j{ivon  season  is  easily 
asi'eitaiiK'd,  it  is  jxtssilWe  to  keep  down  the  tn\n'.  to  sncli  a  i»ereentay:e 
as  shall  do  no  harm  to  the  stock.  The  conditions  for  elHcient  rejinla- 
tion  are  her*'  qnite  ideal. 

it.  IJnt  in  IJerinji'  Sea  and  on  the  northwest  coast  the  «'a«e  is  totally 
alter»'d.  In  order  to  <n't  rid  of  all  coniplicationa,  let  it  1m'  snpposed  that 
west^^'irNorth  America,  from  IJeriny  Straits  to Califortjia,  i.s  in  the  pos- 
session of  one  i»ower,  and  that  we  have  only  to  consider  the  question  vi' 
the  r«'gnlations  whii^hthat  ])ower  should  make  and  enforce  in  order  to 
]Heserve  the  far-seal  fisheries.  Suppose,  further,  that  the  authority 
of  that  power  extended  over  lieriiig  8ea  and  over  all  the  nortliwest 
racilic  east  of  aline  drawn  from  the  Shumajiin  Islands  t<)  (-alifornia. 

Under  such  conditions  I  should  say  (lookinji'  at  nothing  but  the  pres- 
ervation of  the  seals)  that  the  Itest  course  would  be  to  jn-oJiibit  the  tak- 
ing of  the  fur-seals  anywhere  except  on  the  Tribilof  Islands,  and  to 
limit  the  take  to  such  jiercentage  as  experience  proved  to  be  consistent 
with  the  preservation  of  a  good  averagi^  stock.  The  furs  wouhl  b«'  in  the 
best  order,  the  waste  of  life  would  be  least,  and,  if  the  system  were 
lumestly  worked,  there  could  be  no  danger  of  overlishiug. 

7.  However,  since  northwest  America  does  not  belong  to  one  i)ower, 
and  since  internationallaw  does  not  a(!knowledge  IJering  Sea  to  be  a 
marc  clausiitn,  nor  recognize  the  Jurisdiction  of  a  riverain  power  be- 
y(md  the  .3-mile  limit,  it  is  quite  clear  that  this  ideal  arrangement  is 
impracticable. 

The  ease  of  the  fur-seal  tisberies  is,  in  fact,  even  more  diflicult  than 
that  of  the  salmon  tisberies,  in  such  a  river  as  the  Khine,  where  the  up- 
per waters  behmg  tu  one  power  and  the  lower  to  another. 

8.  The  nortliwest  Piivilic,  from  California  to  Shnmagin  (at  any  rate), 
is  open  to  all  th.'  world,  and,  according  to  the  evidi^nce,  the  seals  keep 
mainly  outside  the  3-mile  limit.  A  convention  between  Britain  and 
the  United  States  (b.icked  l)y  a  number  of  active  cruisers)  might  re- 
strain the  subjects  of  both.    But  what  about  shii)sunder  another  Hag? 

9.  Moreover,  I  do  not  see  how  the  Caiia<lians  could  be  reasoimbly  ex- 
pected to  give  u]>  their  lishery  for  the  sake  of  jireserving  the  JMbilof 
fisheries,  in  which  they  have  no  interest. 

10.  If,  however,  it  is  admitted  that  the  (.'anadians  can  not  be  asked 
to  give  up  tln'ir  fisheries,  I  see  no  way  out  of  the  difliculty  except  one, 
and  I  do  not  know  that  it  is  i)racticable. 

It  i^  that  the  Pribilof,  Bering,  and  northwest  coast  fVr-seal  fisheries 
shall  be  considered  national  i)i"operty  on  the  ]>art  of  the  United  States 
and  (Ireat  Britain,  to  be  worked  by  a  Joint  fishery  commission,  which 
shall  have  jtower  to  make  by-laws  under  the  terms  of  a  gema'al  treaty, 
to  which  1  supjxtse  other  powers  (who  have  hardly  any  interest  in  the 
matter)  could  be  got  to  agret\ 

11.  1  am  free  ti»  ('oiifess  that  my  experience  of  the  proceedings  of 
fishery  boards  <h>es  not  encourage  me  to  hope  that  the  ])roceedings  of 
such  a  commission  would  be  altogether  harmoni(ms,  but  if  it  were  com- 
posed of  sensible  men  they  wouhl,  sooner  or  later,  struggle  out  into  a 
modus  rirendi;  for,  after  all,  it  is  as  much  the  Canadian  inter«'st  that 
the  Bribilof  fisheries  should  be  ])reserve<l  as  it  is  the  United  States  in- 
terest that  the  seals  should  not  be  extirpated  in  Bering  Sea  and  the 
northwest  Pacific. 

12.  In  such  a  case  as  this  T  do  not  believe  that  the  enforcement  of  a 
close  time,  either  in  Bering  Sea  or  on  the  northwest  coast,  would  be  <»f 
any  practical  utility,  unless  the  fishing  is  absolutely  i)rohibited  (which 


DR.    PHILir    UTI.EY    SOLATER. 


413 


I  take  to  be  out  of  tlio  qui'stion).  It  iimst  1m'  pciniittiMl  wliil*'  rlio  seals 
an;  in  the  sea;  and  if  it  is  perniittctl  tliero  is  no  limit  to  tin- destnu;- 
tiiMi  wliieli  may  be  effected. 

Nnmerous  as  tlie  seals  may  be,  tliey  are  a  triHe  eomi)ai'ed  with  lier- 
rinp;  schoolsand  cod  walls,  and  human  agency  is  relatively  a  far  moie 
important  factor  in  (lestrnction  in  tlieir  ease  flian  in  that  of  herrings 
and  cod.  Up  to  this  timo  tishin^'  has  made  no  sensible  imju'ession  on 
the  j^reat  herring  and  «M»d  tisheri^'s;  but  it  has  been  easy  to  extirpate 
seal  tisheries. 

13.  Finally,  I  venture  to  rennirk  that  there  are  only  two  alternative 
courses  worth  pursuing*'. 

One  is  to  let  the  fur-seals  be  extii'pated.  Mankind  will  tnd  sutler 
nuich  if  the  ladies  are  oblij{'ed  to  do  witiiout  sealskin  Jackets;  and  the 
fraction  of  the  Knglish,  Canadian,  and  American  population  which 
lives  on  the  sealskin  industry  will  be  no  worse  off  tlian  the  vastly 
greater  nndtitmle  who  have  had  to  sutler  for  tin' vajiaries  of  fashiiui 
times  out  of  nund)er.  Certainly,  if  the  seals  are  to  be  a  source  of  con- 
stant bickering  between  two  nations  the  sooner  they  are  abcdished  the 
better. 

The  other  course  is  to  tread  down  all  meiely  ])ersonal  and  trade  inter 
est  in  pursuit  of  an  arrangement  that  will  woik  and  be  fair  all  round; 
and  to  sink  all  the  stupidities  of  national  vanity  and  piditical  self-seek- 
ing along  with  them. 

There  is  a  great  deal  too  much  of  all  these  undeniable  elements  ap- 
parent in  the  documents  which  I  have  been  studyinj 


April  25, 1892. 


T.  11.  IIUXLEY. 


AFFIDAVIT  BY  DR.  PHILIP  LUTLEY  SCLATER. 

Philip  Lutley  Sclater,  ph.  d.,  secretary  of  the  Zoiilogical  Society  of 
London,  being  duly  sworn,  doth  depose  an<l  say  that  in  his  opinion  as 
a  naturalist — 

1.  Unless  proi)er  measures  art^  taken  to  restrict  the  indiscriniMirtte 
capture  of  the  fur-seal  in  the  North  I'acitic  he  is  of  opinion  that  the 
extermination  of  this  species  will  take  place  in  a  few  years,  as  it  has 
already  done  in  the  <'ase  of  other  sjjecies  of  the  same  grouj)  in  other 
parts  of  the  world. 

2.  It  seems  to  him  that  the  i»roper  way  of  i)roceeding  would  be  to 
stop  the  killing  of  females  and  young  of  the  fur-seal  altogether  or  as 
far  as  possible,  and  to  restrict  the  killing  of  the  males  to  a  certain  num- 
ber in  each  year. 

3.  The  only  way  he  can  imagine  by  which  these  rules  could  be  carried 
out  is  by  killing  the  seals  only  in  the  islands  at  the  breeding  time  (at 
which  time  it  api>ear8  that  the  young  niah's  keep  apart  from  the  fenndi's 
and  old  males),  and  by  prev<'nting  altogc*  ;•  v,  as  far  as  possible,  the 
destruction  of  tlie  fur-seals  at  all  other  tii:i«-  aid  in  other  places.    • ' 

Philip  Li  tley  Sclatek,  Pii.  D.,  K.  H.  S*. 

Sworn  at  the  offices  of  the  Zoological  Society  of  liondon,  Xo.  3  Han- 
over Square,  London,  England,  this  10th  day  of  May,  A.  1>.  1892,  before 
nu'. 
[l.  s.]  Francis  W.  FKiaouT, 

Vice  and  Deputy  and  Aetimj  ConsnI-Geiivral  of  ike 

Unitcil  Ifltates  of  America  at  London,  Eiigiand. 


414 


LETTERS    OF   NATURALISTS. 


CIRCULAR  LETTER  OF  DR.  C.  HART  MERRIAM. 

Dr.  C  Hart  >n'rriain,  one  of  the  Anieiiciiii  IJeiiiijj'  Sea  ('oininlssloiicrs, 
aildressed  the  folh»\viii}f  cin-ular  h'tter  to  various  leading;'  iiahiviilists 
ill  (lirtereiit  jiaits  of  the  woi'ld,  for  tiie  purpose  of  oI)taiiiiii<^'  tlieir  views 
as  to  the  best  method  of  preserviuy  the  fur-s»'als  of  Ahisiia. 

Washington,  D.  ('.,  April  3,  isna. 
Dlar  Sii?:  The  Government  of  the  lJiiit«'d  Stat«'s  liavinj;  selected 
nie  as  a  ii  iiir.ilist  to  iiivesti};ate  and  report  ni)oii  the  eoiiditioii  of  the 
fur-s<'al  ookeries  on  tlie  l'ribih>f  Ishinds.  in  I>eriii}>- Sea,  with  siiecial 
referenee  to  tlie  causes  of  decrease  and  tlie  measures  ii»'(!essary  for  tlie 
restoration  and  permanent  preservation  of  the  seal  herd,  I  visited  tlie 
I'ribilof  Islands  and  made  an  extended  investigation  of  the  subject, 
the  results  of  which  are  here  brietly  outlined. 

Facts  in  the  Life  History  of  the  Northern  Fur-Seal  {Col- 

lorhiniis  UrniniiN). 

1.  The  fur-«eal  i.s  an  inhabitant  of  Berinji' Sea  and  theSeaof  Okhotslc, 
where  it  breeds  on  rocky  islands.  Ibit  four  bre«'dinji' colonics  arc  known, 
namely,  (1)  the  Pribilof  Islands,  beloiiyiii}?  to  the  United  States;  (2) 
the  Commander  Islands,  belon}>in}i'  to  Russia;  (3)  Kobben  Kecf,  bclonj;- 
in}f  to  Russia;  and  (4)  the  Kuril  Islands,  bclonjiinj?  to  .Tai»an.  The 
I'ribilof  and  Commander  islands  are  in  Bering'  Sea;  llobbcn  I'ccfin 
the  Sea  of  Okhotsk  near  the  Island  ot  Saghalieii,  and  the  Kuril  Islands 
between  Yezo  and  Karatchatka.  The  species  is  not  known  to  biccd  in 
any  other  i)art  of  the  world. 

2.  In  winter  the  fur-seal  migrates  into  the  North  Pacific  Ocean. 
The  herds  from  the  Commander  Islands,  Hobben  Kecf,  and  the  Kuril 

Islands  move  south  along  the  Japan  coast.    The  I'ribilof  Island       'rd 
moves  s(mtli  thr<mgh  tiie  i)asses  in  the  Aleutian  chain.    The  oh  -d- 

ing  males  are  not  known  to  range  much  south  of  these  island  .  iie 
females  and  young  reach  the  American  coast  as  far  south  as  California, 
.'i.  Returning,  the  herds  of  females  move  northward  along  the  coast 
of  California,  Oregon,  Washington,  and  British  ('ohunbia  in  .lannary, 
February,  and  March,  occurring  at  varying  <listan(  es  fr<»m  shore.  Fol- 
lowing the  Alaska  coast  northward  and  westwartl  tiicy  leave  tlu^  North 
Pacific  Ocean  in  June,  traversing  the  passes  in  the  Aleutian  chain,  and 
proceed  at  once  to  the  ]'ribih)f  Islands. 

4.  The  old  (breeding)  males  reach  the  islands  mu(!h  earlier,  the  first 
i'oming  the  last  week  in  Apiil  or  early  in  May.  They  at  once  land  and 
take  stands  on  the  rookeries,  where  they  await  the  ;arival  of  tiie 
females.  Each  male  (called  a  bull)  selects  a  Luge  ro(  k,  on  or  nt'ar 
which  he  remains,  unless  driven  oft  by  stronger  bulls,  until  August, 
never  leaving  for  a  single  instant,  niglit  or  day,  ami  tiking  ncitlicr 
food  nor  water.  Before  the  ai'rival  of  the  fenniles  (called  cows)  tlie 
bulls  tight  savagely  among  themselves  for  posit- ms  on  the  rookeries, 
and  many  are  severely  wounded.     All  the  bulls  are  located  by  June  20. 

5.  The  jiregnant  <'ows  begin  arriving  early  in  June,  an*'  soon  apjicar 
in  large  schools  or  droves,  immense  numbers  taking  tlicir  i^laces  on  tiie 
rookeries  each  day  between  June  12  and  the  end  of  the  nu  nth,  varying 
witli  the  weather.  They  assemble  about  the  old  Imlls  in  c(>iii|iact  groups 
called  iiarems.  The  harems  are  com]dete  early  in  July,  ct^  wliich  time 
the  breeding  rookeri<>s  attain  their  maximum  size  and  comiiactncss. 

G.  The  cows  give  birth  to  their  young  soon  after  taking  their  places 


DH.    ('.    HART    MKKHIAM. 


415 


nil  tlic  liiireiiis.    Tlu' imtIimI  of  jfcstatioii  is  hi'twooii  «'l('V('ii  and  twt'lvi' 

IllOlltilS. 

7.  A  siiiju'h'  y(»mi;''  is  born  in  «'a«'li  instance.  Tiui  yonn;;  at  birtli  arc 
aboiii  (Minaliy  ilivi(ltMl  as  to  sex. 

S.  Tlic  art  of  nnisin;;  is  pcilbniuMl  on  land,  never  in  tlie  water.  It 
is  neeessary,  llierelbie,  tor  tlie  cows  to  remain  at  tlie  islands  until  the 
yonn;;  are  weaned,  wliieli  is  when  tin'y  are  t  or  ."»  months  ohl. 

'.>.  The  tiir  seal  is  |(oly;;aiiioiis  and  the  mal«'  is  at  least  three  times  as 
!ai<ie  as  the  I'emale.     lOaeli  iiiah'  s«'rves  fil'tei'ii  to  twenty  tive  females. 

10.  ('opiilation  takes  jilaee  on  land.  Most  of  the  »*ows  ar«'  served  by 
the  middle  of  -Inly,  or  soon  after  the  birth  of  their  pups.  Tlu^y  then 
take  to  the  water  and  come  and  j-o  for  food  while  nursing!'. 

11,  TJM'  pnps  hinldle  toj,'<'tlier  in  small  yroiips  called  "pods,"  at  soimi 
distance  from  the  water.  When  (i  or  S  wt't'ks  old  they  move  down  to 
the  water's  vt\<ie,  and  learn  to  swim.  The  jjiips  are  not  born  at  st'a,  and 
if  soon  after  birth  they  are  washed  into  tlio  sea  they  ar«'  <lrowned. 

IL'.  The  cows  are  believed  to  take  the  bnll  first  when  2  years  old,  and 
deliver  their  tirst  pnp  when  3  years  old. 

i;».  Balls  (irst  tak«'  8tan«ls  ou  the  breeding  rookeries  when  <»  or  7 
years  old.  Before  this  they  are  not  powerful  enough  to  tight  tin*  older 
bulls  for  i>ositions  on  the  harems. 

M.  Cows  when  nursing,  and  the  nonbreediiig  seals,  regularly  travel 
long  distances  to  feed.  They  are  commonly  found  lOOoi-  150  miles  from 
the  islands  and  sometimes  at  greater  distances. 

15.  The  food  of  the  fur-se  1  consists  of  fish,  scpiids,  <;ru8taeeaiis,  and 
l»robably  other  Ibrins  of  marine  life  also. 

Hi.  Tlie  great  majority  of  cows,  pups,  and  such  of  the  breeding  bulls 
as  have  not  already  gone,  leave  the  islands  about  the  middle  of  Novem- 
ber, the  date  varying  considciably  with  the  season. 

17.  The  nonbreediiig  male  seals  ("  holluschickie  "),  together  with  a 
i'Qw  old  bulls,  remain  until  January,  and  in  rare  instances  even  until 
February. 

18.  The  fur-seal  as  a  species  is  present  at  the  Pribilof  Islands  eight  or 
nine  months  of  tlu^year,  or  from  two-thirds  to  three-fourths  of  the  time, 
and  in  mild  winters  sometimes  during  the  entire  year.  The  breeding 
bulls  arrive  earliest  and  remain  continuously  on  the  islands  about  four 
months;  the  breeding  cows  remain  about  six  months,  and  the  non- 
breeding  male  seals  about  eight  or  nine  months,  and  sometimes  during 
the  entire  year. 

SEALS  KILLED  ON  THE    PRIBILOF  ISLANDS. 

19.  The  only  seals  killed  for  (commercial  ]Hirj)oses  jit  the  Seal  Islands 
are  inmbreeding  males  (under  five  or  six  years  of  age,  called  "hollus- 
chickie"). They  come  up  <»n  the  rookeries  apart  from  the  breeding 
seals,  and  large  numbers  are  present  by  the  latter  part  of  May.  They 
constantly  pass  back  and  fo'th  from  the  water  to  the  hauling  grounds. 
These  animals  are  driven  by  the  natives  (Aleuts)  from  the  hauling 
grounds  to  the  killing  gnmnds,  where  they  are  divided  uj)  into  little 
groups.  Those  selected  as  of  suitable  size  are  killed  with  a  club  by  a 
blow  on  the  head;  the  others  go  into  the  water  and  soon  reappear  on 
the  hauling  grounds.  In  this  way  about  one  hundred  tliousan(l  y<mng 
males  have  been  killed  annually  on  the  Pribilof  Islands  for  twenty 
yea  IS. 

20.  In  addition  to  the  commercial  killing  above  described,  a  number 
of  male  pups  were  forme;ly  killed  each  year  to  furnish  food  for  the 
natives,  but  the  killing  of  i)ups  is  now  prohibited  by  the  Government. 


1  *  JJS  ' 


I 


416 


LETTERS    OK    NATt'UAT.ISTS. 


IMJESENT   XIMHEUS   COMFAK'EI)   WITH   FOUMEU   AIUNDANCE. 

The  rookeiics  on  both  St.  I'iinl  and  St.  (l»'oif>e  Lsliiiids  boar  iiimiis- 
takablc  evidcucc  of  liavinj;"  iiiKbTjuoiic  ^rcat  lediu-tion  in  size  (lurinjjf 
tiie  past  lew  yeais.  Tiiis  evidence  consists  (1)  in  tlie  nnivei'sal  testi- 
mony of  all  who  saw  tiiem  at  an  eai  lier  jieriod.  and  (1!)  in  the  ])resencc 
upon  the  back  part  of  each  rookery  ol"  a  well-marked  strip  or  zone  of 
pass-covered  land,  varyinj{'  from  100  to  500  feet  in  width,  on  which  the 
stones  and  bowlders  are  Hipper- worn  and  polished  by  the  former  move- 
ments of  the  seals,  and  the  jirass  is  yellowish-^iieen  in  color  and  of  a 
different  genus  {(ili/ci-rid  (iiif/itstdtii)  Irom  the  rank,  hifiii  jjrass  usually 
firowinji' immediately  behind  it  {Eli/nnix  mollis).  In  many  places  the 
fi'round  between  the  tussocks  and  hummocks  of  <>ra  ^s  is  covered  with  a 
thin  Jayer  of  feltinii'.  composed  of  tie,'  shed  hairs  of  the  seals  in.itted 
down  and  mixed  with  excrement,  urine,  and  surface  soil.  The  exact 
year  when  this  yellow-jiiass  /on(>  was  last  occu|»ie(l  by  seals  is  dilticult 
to  ascertain,  but  the  luilk  of  testimony  |ioiiits  to  IHSII  or  ISST.  The 
ayji'iegate  si/c  of  the  areas  Ibrmerly  occupied  is  at  least  four  times  as 
great  as  that  of  the  jnesent  rookeries. 


CAUS-ES  WHICH  LED   TO  'I'HE   UEL'LETI(»M   OF   THE   ROOKERIES. 

The  seals  which  move  northward  along  the  coast  of  the  northwestern 
United  States,  British  Columbia,  and  southeastern  Alaska  from  Janu- 
ary until  late  in  June  are  chietly  pregnant  fenmles,  and  about  DO  i)er 
cent  of  the  seals  killed  by  pelagic  sealers  in  the  North  Pacilie  are 
females  heavy  with  y;>nng.  For  obvictus  reasons  many  more  seals  are 
wounded  thai;  killed  outright,  and  many  uuu'e  that  are  killed  sink 
before  they  <*an  be  reached,  and  conseiiuently  are  lost.  As  eacli  of 
these  <*(mta ins  a  young,  it  is  evident  that  several  are  destroyed  to  every 
one  secured. 

For  several  years  the  pelagic  sealers  were  content  to  i»ursue  their 
destructive  work  in  th<'  North  Pacilie,  but  of  late  they  have  entered 
JJeringSea,  where  they  continue  to  capture  seals  in  the  water  through- 
out the  entire  summei .  The  femah's  killed  during  this  period  are  giv- 
ing milk  and  are  away  from  the  islands  in  search  of  food.  Their  young 
starve  to  death  on  the  ro(dveries.  I  saw  vast  numbers  of  such  dead 
pups  on  the  island  of  St.  I'aul  last  summer  (1891),  and  the  total  num- 
ber ot  their  carcasses  remaining  on  tlu^  Pribilof  Islands  at  the  end  of 
the  season  of  1S91  has  been  estimated  by  the  United  States  Treasury 
agents  at  not  less  than  20,000. 

The  number  of  sealskins  actually  setaired  and  sold  as  a  result  of 
pelagic  Sealing  is  shown  in  the  fodowiiig  table: 


Yoiir. 

Nmnlior 
of  xkins. 

Year. 

1 

Nuiiilmr 
of  ikina. 

1872 

1,021) 

1882 

17,  700 

1873 

-; 

lH8;i 

9,  \m 

1874 

4,  !I4!) 

1884 

?  14.  000 

187.-. 

I.tl4(l       ' 

188,'i 

i:i,  000 

1870 

'.',  <M'J       , 

IK8tl 

:!H,  907 

1H77 

— '       1 

18K7 

.lit.  8(HI 

187« 

2(U 

1888 

;|C.,  818 

18711 

12, 'lOO-f-  1 

IWlt 

:iii.  'iO;i 

1880 

13,  (100 

,  -IlK) 

.■.1,404 

1881 

i:i,i)4i 

IS'.ll 

B2,  500 

DR.    C.    HART    MKKRTAM. 


411 


Iiiiismucli  as  tlic  imiiiher  of  sciils  iiiiiiuiilly  socmvd  Ity  prlayic  soul 
iii}^  n^presciits  but  a  fraction  of  the  total    nunihcr  killed,  a  jjlaiice  at 
tlie  abovi'  Hj^iircs  is  «'iioii<;li  to  show  that  the  (Icstnictioii  of  seal  life 
thus  jn'odnced  is  alone  sulticient  to  explain  the  i>resent  depleted  condi- 
tion of  the  rookeries. 

!*ela;iie  sealing  as  now  ('(mductied  is  carried  on  in  the  Xorth  I'acilie 
Ocean  from  January  until  late  iti  June,  and  in  Berin;;  Sea  in  July, 
A uji'ust,  and  September.  Some  sealinj;'  scino  mers  remain  as  late  a.s 
November,  but  they  <b>  so  for  the  jmrpose  M  niidinj;  the  ro(tkeries. 

It  has  been  alle<4'el  that  overkillin;;'  of  yonn<i:  males  at  the  islands  is 
a  principal  cause  of  the  depleted  (tondition  of  the  rookeries. 

In  reply  to  this  contention  it  is  only  ncn-essary  to  bear  in  mind  that 
the  innnber  of  male  ami  female  fui -seals  is  eipuil  at  l»ivlh,  tliat  the 
speci»'s  is  poly'amous,  and  that  each  male  serves  on  an  avera^^^c  at 
h'ast  lifteen  ti>  twenty-tive  feuiiles.  It  isevidi-nt,  therelore.  that  theie 
must  be  a,  ji;reat  saperabnndam-i'  of  males,  of  which  a  la.r;;e  pen-entaine 
may  I>e  killel  annually  f(trev(!r  witiiout  in  the  slij^'htest  de;n'ree  endan- 
gerinj;'  the  productiveness  of  tlu*  herd.  Fiirtherin:)re,  it  has  been  shown 
tiiat  the  killin.ii'  of  seals  at  the  l'ril)ilof  islands  is  completely  undei-  (he 
contr(dof  m;in  and  is  restricted  to  the  siiperlluoiis  males,  for  .sr/rc^/o/t 
as  to  sex  and  a^^'c  can  bi'  and  is  exeicisii-d  so  that  neitluu'  females  nor 
bieedinii"  miles  are  killed-  It  is  t^\  i.lent  that  this  killinin'  of  noid)reed- 
inu,  males  coidd  in  no  way  altect  the  size  or  annual  product  at'  tlie 
breedinj;' ro  >keries  unle>s  the  number  kilieil  was  so  <;'.<^at  that  enou<;li 
males  were  not  left  t(t  mature  for  breeding  puiposcs.  There  is  no  evi- 
dence that  this  has  ever  been  the  case.  >[oreover,  all  seals  killed  or 
wounded  are  invariably  secured  and  their  skins  marketed;  in  other 
Winds,  tlicir  is  iielflH'r  ivuxtc  oj' the  .seal  lur<l,  nor  inqm'nnwnt  of  the  pro- 
diictireuess  of  thr  liri'ii'mij  stoi'k. 

I*elafi,ic  sealinji'.  on  the  other  haml,  is  wasteful  in  the  extreme  and  is 
(brected  to  the  Ibuntain  head  or  source  of  sn])ply.  From  the  very  na 
tare  of  the  caseselectioncau  not  be  exercised,  and  a  larye  i»ercenta}^e  of 
s'als  wounded  are  lost.  Owinji'  to  the  ])ei'uliar  nn)vements  of  the  seal 
licids,  it  so  hapi»ens  that  about  !K)  per  cent  of  the  seals  killed  in  the 
N(nth  Pacilic  are  fenndes  heavy  with  yoiui;;',  entailing  a  destruction  of 
two  seal  lives  for  every  adult  seal  killed.  In  IJerinn  Sea,  also,  lar^e 
iMimbers  of  lemales  are  taken;  these  fenuiles  are  in  ndlk,  and  their 
y<»un^  die  ol'  starvation  on  the  rookeries. 

I'ela^ic  sealinji'as  an  imlustry  is  (»f  recent  oiijuin,  and  maybe  said  to 
date  from  l.S7!>.  The  number  of  vessels  enj>a,ye(l  has  steadily  increaseil. 
as  has  the  number  of  seals  killed,  until  it  appeins  that  unless  checke(l 
l>y  international  legislation  the  comnuMcial  exteriniimtion  of  the  seal  is 
<mly  a  matter  of  a  ^v\\  years.  It  seems  a  fair  inference,  therefore,  that 
the  only  way  to  restore  the  deplete<l  rctokeries  to  their  former  condition 
is  to  stop  takinjf  seals  at  sea,  and  not  only  in  Ijerinj;'  Sen,  but  in  the 
North  Pacilic  as  well. 

ilavinf>'  been  select«'d  by  my  (Tovernment  solely  as  a  naturalist.,  and 
ha\  in;;'  in\estiyated  the  facts  at  i  arrived  at  the  above  conclusions  and 
reconnnemlati(»ns  froi  i  the  srandpoint  of  a  miruralist,  1  desiiHj  to  know 
if  you  aji'rei'  or  dilfer  wit'.i  me  ;n  considerinj;'  these  coiu'lnsicms  ami  rec- 
mnniendations  justified  and  neeessitate<l  by  the  facts  in  the  case. 

1  shall  be  ureatly  oblijicd  it  you  will  favor  aie  with  a  reply. 
Very  truly  yours, 

C.  Hart  Meruiam. 


.>i 


418 


LETTERS    OF    NATURALISTS. 


BEFLY  OF  DH.  ALFHONSE  MILNE  EOWABDS,  LE  DIRECTEUR  DU  MUSEUM  D'HISTOHIE 

NATURELLE,  FARIS,  FRANCE. 

Taris,  France,  le  QO  arn'l,  isna. 

Monsieur,  J'ai  lu  avcc  un  grand  inten't  la  lettie  (pie  vous  iii'avoz 
adre.ss6e  relativeinent  auxphoqr.cs  a  tbiiiTuri'  dc  la  mcr  <lo  UiMliiiig,  et 
je  peuse  qii'il  y  aurait  nil  iV'el  avautage  a  ce  que  dcs  inesiues  iiiteiiiap- 
tioiiales.  fiissent  (Mmcmtces  atiii  d'assurer  une  protection  eHicace  a  cos 
l)recu!nx  aniniaux. 

Anjonrd'lmi,  les  farilitt's  de  transport  dont  disjiosent  los  pf'i^henrs 
sent  si  grandes,  les  ])r(H',('dL's  de  destru<!tion  dont  ils  usent  sont  si  per- 
fectiounes  (jnoles  espi'ccs  aniniales,  objct  delenrconv.'itisc,  ne  juMivent 
leiir  ecliapj)'::\  Nous  savons  que  nos  oiseau.v  niigratenrs  sont,  i)enda!it 
leurs  voyages,  en  but  a  une  veritable  guerre  d'exterinliiation  et  une 
eommissiori  ornithologique  Internationale  a  deja  exainin;'',  non  sans 
utilite,  toutes  les  questions  cpii  se  rattaehent  a  leur  conservation. 

N'y  aurait  il  pas  lieu  de  niettre  les  phoqnes  a  fourrure  sous  la  sauve- 
garde  de  la  marine  des  nations  civilisees? 

Ce  qui  s'est  passe  dans  les  niers  australes  pent  nous  servir  d'avertisse- 
ment. 

II  y  a  nioins  d'nn  si^cle,  <^es  aisphibies  y  vivaienten  troupes  innombra- 
bles.  En  180S,  lorsque  Fanning  visita  les  lies  de  la  Georgio  dn  Sud, 
un  navire  quittait  ces  parages,  einportant  ll,Oli(l  pcaux  de  plio([nes 
appartenant  a  I'espece  Arctocrpliahis  aiiitraiis.  II  s'en  jirocure,  lui- 
meme,  o7,00()  et  il  evalue  a  llli,()lM)  le  noinbre  de  ces  aninianx  tues 
l)endant  les  (piel(|ues  senniines  ([ue  les  nniriiis  y  passerentcette  annee  la. 
En  1822,  We«ldell  visite  ces  iles  et  il  evalne  a  1,200,000  le  nonibre  des 
peaux  obtenues  dans  cett«i  loealite. 

La  uieine  aunee,  320,000  pluxiues  a  tburrure  fnrent  tues  aux  Shetland 
Australes. 

Les  consequences  iueluctables  de  cetto  tuerie  fiirent  une  diniiiinti(»u 
rapide  du  nonibre  de  ces  aniinaux.  Aussi,  inalgre  les  inesures  de  pro- 
tection prises,  depuis  iiuebpies  anndes,  par  le  (louveriieur  dcs  Maloniues, 
ces  phoques  sont  eu(tore  tr(\s  rares  et  les  natnralistes  de  Texpcdition 
fran<;aisede  la  '•'■  Homnnvhc'''  out  sei((urnepresd''uiie  an  nee  a  la  Tcrre  de 
Feu  et  -uix  Malouines  sans  pouvoir  en  capturer  un  senl  excnqdaire. 

Cest  une  source  de  ricliesse  (pii  se  trouve  tarie. 

11  en  sera  bientot  ainsi<lu  CallorhinKs  M/'.s'/»M.vdans  TOcean  Pacifniuo 
Nonl  et  il  est  temps  d'assurer  si  cesaniiiiaux  uin'  s(''cnrite  (jui  leur  per- 
inette  une  reproduction  rc'gulifire. 

J'ai  siiivi  avee  beauconiMl'atteiitioulescnquetesqni  avaieiitc'te  faites 
par  le  (}<mvernement  des  i^tats-lJnis  a  ce  snjet.  Lc'*  rapjxirts  des  <'oni- 
missions  envoyees  aux  lies  Pribilou  ont  fail  <*onnaitrc  anx  naturalistcs 
nn  ties  grand  nonibre  ilc  faitsd'un  liaut  intt'rct  scientiliqiu'  vt  out  de- 
moiitre  cpie  IVm  pimvait,  sans  inconvenient  s,  prati(iuer  des  coupes  rcglc'cs 
dans  ces  troupes  d«' plioqnes  on  les  males  .soiit  en  exces.  On  a  appli- 
que lA,dela!naniere  la  plus  lieiireuse,  <*e(|ue  Ton  pourrait  appclcr  '"inipot 
sur  les  celibataires,  et  on  aurait  assure  la  <'onservati(»n  indflinic  de 
l'e>  j)ece,  si  les  «';inigrants,  a  leur  rctour  dans  les  stations  de  rei)roduction, 
n'avaient  etc  assaillis  et  pourcii.isscs  de  toute  facoii. 

11  y  a  done  lieu  d«'  tirer  i)arti  des  renseignemcnts  trcs  couiplets  que 
Ton  possede  sur  les  (;onditions  d't-xistence  des  pliotpies  a  fourrure  atin 
"  or  raneantissement  et  une  c(nniiiission  internation 


lip 


P 


seule,  indiquer  les  regies  dont  pecbeurs  ue  devraient  pas  se  departir. 


DR.    ALPIIONRE    MILNE   EDWARDS. 


419 


Voaillez  agroor,  MoiisicMir,  rexprossioiHle  incs  s(Mitimeiits  tres  distin- 

Le  tlirecteur  <lu  Museum  (riiistoire  natarello, 

A.  Milne  Edwards. 
M.  le  docteur  Mkimuam. 


[TraiiHlatioii.] 

Paris,  April  20,  1892. 

Sir:  I  liavo  road  wifli  fti-oat  interest  tlio  letter  you  addressed  uio 
witli  lef'erenee  to  tlie  fur  seals  of  iJerinfi'  Sea,  and  I  tliiuk  it  would  he 
of  real  advantauc  to  liave  <'oiieerted  international  nieasuie.s  so  as  to 
in.sur*^  an  otfective  jirotertioii  to  those  valuabh?  animals. 

To-day  the.  nu'ans  of  transi){)rtatiou  at  the  disposal  of  the  fishevmoii 
are  so  /^reat,  the  i)ro('esses  of  destruction  wiiieh  they  employ  are  so  im- 
l>roved,  that  the  animal  species,  the  object  of  their  desire,  can  not  escape 
tiiem.  We  know  that  our  migratoiy  lurds  are,  diirinj;'  their  travels,  cx- 
])ose<ltoa  real  war  of  extermination,  and  an  ornitliolo>;ical  international 
commission  has  already  examined,  not  unprolitably,  all  the  ([uestions 
Ti'latinjv  to  their  preservation. 

\V<»uld  it  not  be  possible  to  i)ut  fur  seals  under  the  protection  of  the 
navy  of  civilized  nations';! 

What  has  hai>penod  in  the  Southern  Ocean  may  serve  as  a  warniuff 
to  us. 

Less  than  a  century  af;<>  these  amphibia  existed  there  in  (lountless 
herds.  In  1  SOS,  when  l-'anninj;'  visited  the  islands  of  South  Geor;'ia, 
one  ship  lett  those;  slnu'es,  carryinj;'  away  14,(MI()  sealskins  belonj-in;:'  to 
the  specie's  Arrtonpluilns  An.stralis.  lie  himself  obtaiiu'd  r»7,000  of 
them,  and  he  estimated  at  112,()()(>  the  number  of  these  animals  killed 
dnrinji"  the  few  weeks  the  sailors  spent  rhere  that  year. 

In  ISL'L*  Weddell  visits  these  islands  and  he  estimates  at  1,L*()(>,()00 
the  number  of  skins  obtained  in  that  locality.  The  sanu' year  32(),(M)(> 
I'ur  seals  were  killed  in  the  Soutli  Shetlamb.  The  inevitable  e«Mise- 
(pu'uees  of  this  slaiij;hter  were  a  rapid  decrease  in  the  number  of  these 
animals.  So,  in  spit<'  of  the  ujeasures  of  protectiem  taken  durin;;'  the 
last  iew  years  by  the  (lovci"'ir  of  tin'  Falkland  Islands,  these  seals  are 
still  very  rare,  and  the  na;  alisis  of  the  French  expeditiiu  of  the  Ho- 
iiiniifhr  r<"inained  for  nearly  a  veai  at  Tierra  del  Fue^oaud  tlie  Falkland 
Islands  without  bcinj;'  able  to  cai)ture  n  single  specimen. 

It  is  a  souice  of  wealth  which  is  latw  cxhauste'd. 

It  will  soon  be  thus  with  the  CdllorliinKs  ni:siiii(x  in  the  North  Pacific 
Ocean,  and  it  is  time  to  Insure  to  these  animals  a  security  which  nuiy 
allow  them  rej^uhir  ie]trodMction. 

I  hav«'  followed  with  much  attention  the  inve^Hpitions  which  have 
been  nmde  by  the  (iovernuu'nt  of  the  United  States  on  this  subject. 
The  rejtortsof  the  comniissiontTs  sent  to  the  I'ribilof  Ishnulshave  made 
known  to  naturalists  a  very  lar;;e  number  of  facts  oi' j;reat  seientitie  in- 
terest, and  have  demonstrated  that  a  r<';tulated  system  of  killing  nuiy  be 
safely  ai»]>licd  in  tlie  case  of  these  herds  of  seals  when  tiier*-  is  a  super- 
liuity  of  males.  What  ini^ht  be  <'alled  a  tax  on  edil  icy  was  applied  in 
tills  way  in  the  most  satisfactory  manner,  and  th.  indefinite  prest'rva- 
ti(»ii  of  the  species  wcndd  have  bc^eii  assured,  if  the  emii>'i'ants,  on  their 
way  back  to  their  bieedinj;'  places,  hail  not  been  attacked  and  pursued 
in  every  way. 

TiitM-e  is,  then,  eveiy  reason  to  turn  to  account  the  very  complete  in- 
formation whhih  we  possess  <Mi  the  conditions  of  fur-seal  life  in  urdei' 


420 


LETTKRS    OF    NATrRAUSTS. 


to  piw(M)t  tlu'ir  ainiiliiliitioii,  ami  iui   International  Commission  can 
alone  determine  tlie  rules,  from  which  the  lisliermen  should  not  de[>ait. 
Accept,  etc., 

A.  INIlLNE  EdAVAKIjS, 

Director  of  the  Miineum  of  Xatiiral  Jlistory. 


RE?IV  OF  DR.  ALFRED   NEHRINO,  PROFESSOR  DER  ZOOLOOIE  AN  DER  KOENIOLI 
CHEN  LANDWIRTHSCHAFTLICHEN  HOCHSCHULE  ZU  BERLIN. 

KoNKSLICIIK   LAN1)AVIKTIIS(!IIAKTLI('IIK 

liOCIISCIlULK   ZU    IJEHMN, 

Ukrmn,  <h'n  ;JI.  April  1803. 
rierrn  C.  TTart  Mkuriam, 

Wtisliiiifffon,  />.  (\,   If.  S.  Department  of  Affriciilture  : 

TIociKJEKUKTER  IIkrij!  Nachdem  i<'h  Ilir  ausiMhrliches,  sehr  inte- 
ressantes  Schieiben  voin  '2.  d.  M.,  \velclH^s  mir  durcli  Ileri'n  .lohn  llriii- 
kerliort"  Jackson,  L(i{j;ationssekretiir  bci  dor  nordamerikani.schen  (Je- 
sandtschaft  hieselhst,jirestern  zu^^ing, ficnau  dnrchgelesen  and  erwogeu 
habe,  verlehle  icli  nicht,lhnen  nieine  Ansicht  iiberden  Inhalt  derselben 
zugelien  /u  hissen. 

Ihn^  Darleji'ungeii  iiber  die  Lebenswei.se  and  nnmentlich  iiber  die 
jilhrlichen  Wandenuijien  der  I'elzrobben  {CnUorhitiux  in:sinu.s),  weldie 
ant' den  I'rybilof-Inseln  ihic  Forti>Hanzun}«sstiitte  haben,  sind  so  klar 
und  iiberzengend,  harmonieren  audi  so  voll.stiinding'  mit  dem,  was  an- 
dere  znverliissige  Naturtbrscher  beobachtet  haben,  dass  ich  den  von 
Ihnen  darans  gezogenen  Dedu<'tionen  (iKrclnnis  heistinniie.  Ich  bin, 
fileii^h  Ihnen,  der  Ansicht,  dass  <lie  anllallende  Abnahnie  der  Pelzrob- 
ben  ant'  den  Rookeries  der  IMybilof-In.si'ln,  welche  sicli  in  den  letzteu 
.lahren  mehi'  und  mehr  gezeigt  hat,  vorzugsweise  od(U'  vielleicht  aus- 
schliesslich  auf  die  irrationelle,  verwiistende  Kobben.jiigd  der  auf  otte- 
ner  8eejagcnden  Seehunds-  und  Pelzrobben-Jiiger  zunickzulnhren  ist. 
Die  einzige  rationelle  .lagdmethode, welche sich  tii'.'  die  IVlzrobbe  ((Utl- 
lorliiiiKs  iirsimin)  geeignet  ist  und  eine  Ausrottung  dieser  werthvollen 
Thierart  hindert,  ist  diejenige,  welche  bislier  auf  den  I'rybilof-Inseln 
unter  Aufsicht  der  Kegiernng  ausgeiibt  wnrde.  .lede  aiulere  .lagdart 
auf  die  nonH.sche  I'elzrobbe  sollte,  nach  nu'iiuM' Ansicht,  durch  interna- 
tionale  Vereinbarungen  verboten  w«'rden ;  ich  mtichte  lu'x'hstens  eine  lo- 
kal<^  Verfolgnngder  Pelzrobben,  da,  wosieetwa  in  iliren  siidlicheu  Win- 
teniuartieren  der  Fischerei  schiid  1  ich  warden,  befiirworten.  Diepela- 
gische  Pelzrobben-Jagd  halte  ich  fiir  sehr  irriitioiudl;  sle  nuiss  bah'  zu 
einer  an  Ausrottung  grenzcndcn  Verniindrung  der  Pelzrobben  tlihreu. 
llochachtungsvoll  und  ergebenst, 

Trof.  Dr.  Alfred  Neiiuino, 
Pro/esnor  d.  Zoologic  an  fhr  hjl.  Lainhrirthsehaftliclten 

Hoclischutv  ZU  Berlin, 

[Trnn.ilatiou.  ] 

Royal  Agrkhtltural  College  of  Berlin, 

Jierlin,  April  21,  1892. 
Mr.  C.  IT  ART  Meruiam, 

United  Statrs  Department  of  Agriculture,  Washinifton,  7).  €.: 

Highly  Ksteemi-M)  Sir:  I  have  carefully  rciul  and  considered  y<mr 
elaboraio  and  very  inteu'sHng  h'ttiM-  of  the  L'd  in-~tant,  which  I  received 
yesterday  througli  Mr.  John  Brinkerhoff  Jackson,  Secretary  of  Lega 


: 


DRR.    A.    NF.IIUINU,    R.    fOLI^r/FT    AND    O.    IIAimAUB. 


421 


tion  of  the  Xortli  Ainericiin  Lof-'utioii  in  this  <iity,  and,  in  reply,  I  send 
yon  a  statement  of  my  views  with  lejiiird  to  its  contents. 

W'liat  you  say  (M>n('erninj>"  the  mode  of  life,  ami  especially  the  annual 
migrations  ')f  the  fur-seal  (Callorliiniis  J7>'.s/«».s),  whose  breedinj;'  plaees 
are  the  Pril.ilof  Islands,  is  so  dear  and  convineinf;',  and  harmonizes  so 
l);'.rlectlywit!'>  what  hiis  been  observed  by  other  reliable  scientists,  that  I 
J'lillH  fujrtr  with  your  deductions.  I  am,  like  yourself,  of  the  opini(ni 
that  the  reniai'kable  decrease  of  fur  seals  on  the  rookeries  of  the  IMilti- 
h)f  Islands,  which  has,  of  late  years,  bt'conu^  more  and  moi'e  evident,  is 
to  in  attiil)nted  mainly,  or  i)erhai>s  exclusively,  to  the  unreasonable 
destnu'ti(»n  caused  by  the  sealei's  who  i)ly  tlu'ir  avocation  in  the  open 
s(  a.  The  only  rational  method  of  takin;^'  tlu'  fur  seal,  and  tlu'  only  one 
that  is  not  likely  to  result  in  the  extermiimtion  of  thisvaluable  animal, 
is  the  one  which  has  hitln'rto  been  eniployed  on  the  I'ribilof  Ishimls 
under  tlu'  supervision  of  the  (Jovt'rnment.  Any  other  method  of  takinj;" 
the  northern  fur  seal  should,  in  my  o|union,  be  prohibited  by  interna- 
tional ajuieeiiuMit.  I  should,  at  furthest,  ap|)rove  a  local  pursuit  of  the 
fur  seal,  where  it  is  destru<'tiv<'  of  the  lisiieiies  in  its  southern  winter 
<piarters.  1  re^iard  i»elaj;ic  fur-sealinj;'  as  very  unwisi^;  it  must  soon 
lead  to  ai  decrease,  borderinj>"  on  extermination,  of  the  fur-seal. 

With  }>i'eat  respect, 

i'rof.  Dr.  Alfuki)  Ni',iiiJiN(t, 

rro/cNsor  of  Zoitlof/i/  in  flic  lioiftil  Af/ricuUurdl  Colhujrof  lU'din. 


Reply  of  Prof.  Robert  Collett,  of  the  Zoological  Museum  of  the  University  of  Christiania- 

Norway. 

ClIKIKTIANLV,  April  LK\  IS.'I^. 

My  Dkau  Sill:  Ft  would  be  a  V(My  «'asy  reply  to  your  hijihly  inter 
estiufj-  treatise  of  the  fur  seal,  which  you  have  been  kind  enoujih  to 
send  us,  when  I  only  answered  you  that  I  aj;ree  with  you  entirely  in 
all  points.  No  <loul>t  it  would  be  the  jireatest  valm*  for  the  lookeries 
on  the  I'rybilof  Island,  as  well  as  tor  the  preservation  of  the  existemie 
of  tile  se  il,  if  it  would  be  pi)ssible  to  stop  the  sealinjj'  at  s«'a  at  all. 
Uut  that  will  no  (hmbt  be  very  ditticult,  when  so  many  nations  partake 
in  the  seulinj;'  and  how  tliat  is  to  yo  about  I  can  not  know.  My  own 
countrymen  are  killinj;'  every  year  many  thousan<ls  of  seals  and  cyntit 
phorw  on  tlie  ice  barrier  betwe(>n  Spitzberf>en  and  (Jreenland,  but 
never  females  with  younj^';  either  are  the  old  oiu's  caufjlit,  or,  and  that 
is  the  fireatest  number,  the  yojui}^  seals.  Hut  tliere  is  a  close  time, 
a,ccept»'d  by  tlu^  ditferent  nations,  Just  to  |)rohibit  tlie  killiufj  of  tln^ 
females  with  young.  Perhaps  a  similar  clos«'-time  could  be  accepted  in 
the  Bering  Sea,  but  that  is  a  (luestion  about  which  I  can  not  have  any 
(»pinion. 

Many  thanks  for  the  paper. 
Vours,  very  truly, 

R.  Collett. 


If 


'w, 


^m 


^u 


h'lS 


I 


Reply  of  Dr.  Gustav  Hartlaub,  of  Bremen,  Germany. 

lillKMKN,  Apr.  23,  '.W. 
Tlcrrn  C.  IfART  Mkkriam: 

(iKSiiitrKR    IIkrr:    Ich  liabe  Ihr   vcutreftliches  Memoir*^  iiluT  den 
Noiih.'rn  Fur  deal  nut  <lem  lebhaftesteu  Interesse  gelesen  und  wieder 


422 


LETTKKS    OF    KATI' IJAIJSTS. 


^  f,»  III  iifi,. 
diis  niciiu'r   Bogutachtuiiy  }j;es(^liciikte  Ver- 


p^lcscn.  Teh  bin  Jillonliujjs  weit  diivoii  ontfcriit,  niir  selbst  eiii  com- 
lu'it'iitcs  IhtlnMl  ill  (lit'serSiutlicziizusclircibeii.  Xucli  Allcin  iibcr,  was 
so  klar  1111(1  eiiilouclitt'iitl  von  Ilinen  zusaniiiieuyestellt  ist,  will  es  niir 
sciieiiicn,  dass  die  von  lliiK'n  vorj;eschla}j;oii('n  iilaassieftebi,  dein  <b'o- 
IicndiMi  LTnter};anj;e  des  Xortherii  Fur  Seal  vorzubenneii,  die  c'nizig 
richtifien  uinl  I'Jrfolff  rersjurcliendni  .siiid.  leli  be<lanere  selir,  dass  ans 
inwtisehen  (Jiiinden  wolil  nielit  daran  zu  denken  sein  wird,  .lass  der 
Jlol>bens('lila;ii'  fiir  eiiiiji^c  .lalire  (fanz  sistirt  werde!  das  wiirde  noeli 
wirksanier  sein,  dem  schwer  hedroliten  Tliiere  imineiiscli  anf/.nhelfen. 
.ledeiifalls  ist  liier  (lefalir  iin  Verznf>euiul  man  kaiin  iiield  stark  ji'e""JJ 
betoiieii,  dass  docli  die  von  Ilnu'ii  so  wirksam  niotivirten  Vorseliliif-e 
baldiiiiijiliclist  znr  Ansriilirnii<j-  jielaiigen  mocliten 

Mit  besteiii   Dank  fiii 
traiien,  Z(icline  icli,  jiceluter  llerr, 
llir  ganz  ergebeiier, 

G.  IlAU'i'LAnj,  Dr. 

rTraiislation.] 

Bui::viHN,  AinU  2r,,  1S!>3. 
Mr.  C.  rTAUT  Merbtam: 

])eau  Sir:  Your  excellent  re]iort  on  the  Northern  fur  seal  I  have 
read  and  reread  with  intense  interest. 

I  am  far  t'roin  attributing  to  myself  a  <!oni])i'tent  judgment  regarding 
this  matt(>r,  but  eoiisideriiig  all  faets  whi<'li  you  have  so  clearly  ami 
eonvineingly  combined  and  ex|U'essed,  it  seems  to  me  that  the  measures 
you  proimse  in  order  to  prohibit  the  threatening  decay  of  the  northern 
fur  seal  are  the  only  correct  oiwti  promisin'i  an  cffcctire  renult. 

1  sincerely  regret  that  for  practical  rciisons  it  can  not  be  thought  of 
to  prohibit  fur-seal  hunting  for  a  few  years  entirely,  as  this  would  iiat- 
lU'ally  assist  immerically  the  menaced  animal. 

There  is  at  any  rate  danger  in  view,  and  it  can  not  be  too  strongly 
emphasized  that  your  so  well  founded  proposals  should  be  executed  at 
the  earliest  time  possible. 

With  sincere  tlianks  for  the  confidence  yim  have  placed  in  tny  Judg- 
ment, 

I  am,  dear  sir,  your  most  obedient, 

G.  IlARTLAUll,  Dr. 


Reply  of  Professor  Count  Tommaso  Salvadori,  of  the  Museo  Zoologico,  Turin,  Italy. 

Zoological  Museu^i,  Turin,  April  ^^.5,  18'.):J. 

C.  Hart  Merriam, 

U.  8.  Department  of  Agrieidture, 

Dirision  of  Ornithology,  Wash i nylon,  D.  C: 

Dear  Sir:  I  have  re(!eived your  letter  concerning  the  N'orthern  fur 
seal,  on  the  condition  of  which  you  have  been  selected  as  naturalist  to 
investigate  and  report  by  the  Government  of  the  United  States. 

As  a  whole  I  agree  with  yon  as  to  the  facts  and  conclusions  drawn 
on  y<mr  report,  although  the  increasing  number  of  seai^  skins  actually 
secured  and  sold,  as  a  result  of  pelagic  sealing,  shown  in  your  tjible, 
does  not  sullicieiitly  pro<»ve,  in  my  mind,  that  we  iiiv.  already  in  the 
period  of  a  decided  diminution  of  the  number  of  living  seals.    Still,  1 


PROF.    T.    RALVADORI,    DR.    LKOPOLD    VON    SCIIRKNC'K.        4'J3 

«|uite  admit  that  it  is  iibsoliitdy  noccssary  to  juloi)t  S(niie  iiiciisiires  for 
tlio  prescrvatiMii  of  tlu'  seal  Iieanls. 

Mo  (lotibt  tlie  frei!  i)i'la;^i(;  soaliiijj;  is  a  cause,  wliicli  will  aet  to  tlio 
destnurtioii  of  the  seal  heards,  and  to  that  it  must  be  put  a  stop  as  soon 
as  possible.  But,  at  the  same  tiuie,  I  think  that  tiie  yearly  killinjn"  <»f 
about  100,(KM>  youu}?  males  on  the  Tribilof  Islands  must  have  some 
iuHuenceon  the  diminutions  ot  the  heards,  especially  preventing:  the 
natnial  or  sexual  selection  of  the  stronj^er  males,  which  would  follow, 
if  the  younji,'  males  were  not  killed  in  such  a  j^reat  number.  So  that, 
Mith  the  stoi)pin;i'  of  the  i)elaj;i<;  sealinj;',  I  think  that,  at  least  tor  a  few 
years,  also  the  slanj^liti'r  of  so  numy  younj;'  males  in  the  Pribilof 
Islands  should  be  juohibited. 

1  remain,  very  truly  yours, 

Prof.  T.  Salvadoui. 


!' 


I 


d 


4 


Reply  of  Dr.  Leopold  Von  Schrenck,  Member  of  the  Imperial  Academy  of  Sciences,  St.  Peters 

burg,  Russia, 

St.  PKTKRsnuKft,  April  .Vj^,  1S93. 

DkaU  Sir:  TTaviuf;  read  with  easier  and  critical  attention  the  me- 
moir you  have  addi'cssed  to  me  upon  the  condition  of  the  Kur  Seal 
rookeries  on  the  Pribilof  Islands  in  Hcrinji'  Sea,  the  causes  of  deci-ease 
and  the  measures  necessary  tor  the  restoration  and  ptMinanent  preseiva- 
tion  of  the  seal  herd,  I  can  not  but  completely  ajii'ce  with  y(»u  in  con- 
sideiiii^'  the  conclusions  and  iccommcndations  you  arriv<'d  at  <iuitc 
justitied  and  necessitated  by  the  facts.  I  am  also  peisimded  that  the 
p<'lafiic  sealinj;',  if  pursued  in  the  same  manner  in  future,  will  neces- 
sarily end  with  the  extermination  of  the  Fur  Seal. 
Very  truly  youis, 

Leopold  von  Sciirknck, 
Member  of  the  Imperial  Avadtmy  of  iSciencen,  ISt.  rviimhury. 

Mr.  C.  Hart  Merriam. 


W^ 


Reply  of  Dr.  Henry  H.  Giglioli,  Director  of  the  Zoo'oqical  Museum,  Royal  Superior  Instituti, 

Florence,  Ital} . 

FiRENZE,  V.)  Via  Pomana,  It  V</  .Mot/,  lS!)i\ 
Dear  Sir:  Years  a^jo,  in  Novi'nd)er,  bS(>7,  I  had  the  jn'ood  fortun«'to 
beabh^  to  visit  an  extensive  "rookery"  of  one  of  tin*.  South  Pacific  l'>ared 
Seals,  the  well-known  (Ptario  jithoto;  it  was  durinj;'  my  voyaye  round 
the  w(M'ld  on  the  ''*  Mojenta."  The  rooki^y  in  (juestion  lies  Just  behind 
Cape  Stokes  in  the  (Jnlf  of  Penas,  on  the  southern  <'oast  of  Cliih',  and 
is  the  one  seen  by  Darwin  durin|ii'  his  memorable  voya,ue  in  the  "  liniffh-y 
1  shall  ni'v<M'  for<;et  that  day,  when  my  ast()nished  jiaze  resteil  on 
hundreds  of  these  liared  Si'als  lyinj;'  ab  tut  in  every  attitude  of  repose 
on  the  beach  and  rocks  of  the  shore,  or  j;racetully,  and  witi..)ut  sliow- 
inj«'  the  slijuhtcst  fear,  i>erformin,n"  thc^  most  acrobatic  evoluticms  in  the 
water  nmnd  our  boat.  That  day  1  had  my  tirst  experien<'e  of  these 
sinjiularcreatui'cs,  and  from  that  day  dates  the  special  intei«'st  1  have 
ever  sin<'e  taken  in  the  study  of  the  life-history  of  the  Otarii(he,  which 
is  one  of  the  ni'»st  marvelous  in  zoolojiy. 

in  the  sju'injjf  of  ISSO,  whilst  Counnissioner  for  Italy  at  the  }»Tand 
"Fischerei-Aufistellun^"  lu'ld  at  IJerlin,  I  tirst  had  occasion  to  admiie, 
iu  the  Uuited  States  exhibit,  the  beautiful  aud  spirited  dras  izjgs  uf 


'\M 


(  *i 


I*     Si    i 


424 


LKTTKHS    OF    NATl'ltALlSTS. 


Henry  W.  Elliott;  I  have  siiicf  tln-ii  tnkoii  a  kwu  interest  in  tlie 
wondeilnl  lil'c-historyof  tiieXortli  ['iicilic  Vav  Sral  {('dllorhiniis  iirniiiKu), 
as  best  exiMnplilied  on  the  riihiiov  Islands.  Later  on  I  have  earelnlly 
read  and  connnented  on  the  various  accounts  wiiieli  have  aitpeared  in 
]>rint(Mi  the  sul>ie<'t ;  thns,  in  .1.  A.  Allen's  "North  Ain<'rican  Pinnipeds," 
Washinju'ton,  l.SSO  (p.  ;{1l'  and  seipiel);  bat  more  especially  the  detailed 
and  jiiaphie  descriptions  which  have  lu'cn  i»nblished  by  Henry  W. 
Klliott  in  his  nnisteily  nunio^iiaidi  "The  Seal  Islands  of  Alaska,"  in 
that  firand  woi-k  by  G.  Ili'own  (loode  and  associates,  "The  Fislieiies 
ami  Fishery  Industries  of  the  United  States"  (vol.  i,  p.  75  and  se(piel), 
VVashin;;ton,  lcS84,  and  a^^ain  in  his  luost  interestinji'  volume,  "An 
Arctic  Province,  Alaska  ami  the  Seal  Islands,"  Loiulon,  l.SS(}. 

After  these  precedents  yon  can  <'asily  iiuajiini^  how  jireat  an  interest 
I  take  in  that  "  vexata  (pnestio,"  the  KurSeal  Fislu'ry  in  tlu^  i*.erin<{'  Sea, 
with  what  i>leasure  I  received  through  the  United  States  (Jov<'rnment 
and  Mr.  liou}"',  the  United  States  consul  in  this  city,  yourconiinnni<-ation, 
au<l  how  ji'lad  I  am  of  the  oppoitunity  tlius  iitfonled  me  of  jiivinj?  my 
unbiased  opinion  in  the  case  and  aidinjL>'  you  in  your  noble  eti'orl  to  pre- 
serv*'  from  utter  destrncti(Mi  one  of  tlie  most  intirestin,i>'  of  living  crea- 
tures and  t()  ^iave  at  the  sanu'  time  a  most  valuable  soure(^  of  human  in- 
dustry an<l  profit. 

I  liavi'  read  with  great  attenti<Hi  your  coiulensed  but  very  compb^te 
statement  of  the  salient  itoints  regarding  the  life-history  of  tlu'  N(uth 
Uaeitic  I'^ur  Seal  (CnUorliiinix  nrsinun);  I  have  carefully  c<)nsidered  the 
results  of  your  investigaticni  ui)on  the  (Muulition  of  the  Fur  Seal  Rooker- 
ies on  the  I'ribilof  Islands,  y(»ur  ccnu'lusions  regarding  the  causes  of 
their  decreast'.  and  the  measures  you  suggest  as  necessary  for  the 
restoration  and  permaiuMit  picservation  of  the  seal  lienl.  And  1  am 
happy  to  state  that  I  entirely  agrt'e  with  you  on  all  points. 

The  (irstand  most  impoitant  jtoint  for  consideration  is  evidently  the 
causeof  the  inniuestionable  decrease  ascertained  in  the  Fur-Seal  Rooker- 
i(^s  on  tiie  I'ribilof  Islands  during  the  past  few  years.  The  stringently- 
enforced  rules  which  strictly  limit  the  killing  for  ctunmercial  purposes 
to  non-breeding  males  <»•  "h(»llusc,hickies,"  carelully  select«'d,  which 
selection  can  only  be  nuide  on  land,  entirely  preclude  to  my  mind  the 
suggesti(m  that  the  lamented  decreas«' may  be  attributed  in  any  degree 
to  the  killing  of  too  large  a  nund)er  of  such  nou-breeding  males.  Such 
a  decrease  might  have  been  in  some  slight  measure  attributed  to  the 
f(Uiuer  custom  of  killing  each  year  a  certain  number  of  male  pups  to 
furnish  I'ood  for  the  natives,  but  that  practice  has  been  wisely  jn'ohib- 
ited.  Then^fore,  1  feel  positive  that  the  notalde  deen-ase  in  tlu;  number 
of  Fur  Seals  resorting  to  the  rookeries  on  the  I'ribilof  Islands  is  not  in 
any  way  to  be  attributed  to  the  killing  which  takes  place  for  connner- 
cial  i)uri)oses  on  those  islands.  Here  I  may  rennirk  incidentally  that 
it  might  De  of  interest,  as  bearing  on  the  question  in  a  parallel  way,  to 
ascertain  whether  any  simil.ar  decrease  has  taken  j)lac«'  in  the  fur-seal 
rookeries  on  the  Kurile  Islands  on  Kobben  Reef  (Sagalien),  and  more 
es|)ecially  on  the  ('(mimander  Islands,  as  being  in  the  JJering  Sea. 

Having  conclusively  shown  that  the  hunented  decrease  in  tiie  herd 
of  Fur  Seals  resorting  to  the  I'ribilof  Islands  can  in  no  way  be  accounted 
for  by  the  selective  killing  of  non-breeding  nuiles  for  comnu'rcial  pur- 
l)oses,  which  takes  place  on  those  islands  under  special  rulesand  active 
surveillance,  we  nuist  look  elsewhei-e  for  its  cause,  and  I  can  s(!e  it  no- 
where but  in  the  indixcriininuk-slaufflitcr,  principally  practiced  (Ui  breed- 
ing or  pie<;iuint  fenniles,  as  most  clearly  showu  iu  your  condensed  lie- 


I 


£<orc,  by  pelagic  sealers. 


DR.    HKNRY    H     (JIGMOLI. 


425 


w 

'1 

'qf: 

1'    i    ' 

i  '^  ' 

^1 

T 

In  any  oaso,  all  who  jirc  (-(uniH'tcnt  in  tli(^  muttor  will  admit  that  no 
method  of  captm-y  could  be.  more  uselessly  destructive  in  the.  case  of 
I'innipedia  than  that  culled  "  [)ela;;;ic  sculinj;;"'  not  cndy  any  kind  of 
seh'ction  of  the  victims  is  inipossilde,  but  it  is  admittin};  much  to  assert 
that  out  of  three  destroyed  one  is  aeeureil  and  utilized,  and  this  feu-  ob- 
vious and  well  known  n^asons.  In  the  case  of  the  North  I'aciJic  Fur 
Seal,  this  moileof  ciipture  and  dostru<'tion  is  doubly  to  be  condemned, 
because  the  destruction  falls  nearly  exclusively  on  those,  tlu'  nursiu}? 
or  pre{jfna:it  females,  which  ouglit  on  no  account  to  be  killed.  It  is 
jjreatly  to  b(^  deplored  that  any  (dvilized  nation  poss(issing  tisliery  laws 
and  regulations  should  allow  such  indiscriminate  waste  and  destruc- 
tion. The  statistical  data  you  };ive  are  painfully  ehxpient,  and  when 
we  comc^  to  the  conclusion  that  tlie(»2,r)()()  skins  secured  by  pelagic  seal- 
ing in  IH'.H  reja-esent  at  a  minimum  one  sixth  of  the  Fur  Seals  destroyed, 
viz,  37;j,(MM> — that  is,  calculating  one  in  three  secured  and  each  of  the 
three  suckling  a  pup  or  big  with  young — we  most  undoubtedly  ne(Ml  not 
look  elsewhere  to  account  for  the  rapid  decrease  in  the  rookeries  on  the 
Pribilof  Islands;  and  I  (|uite  agiee  with  you  in  retiiining  that  unless 
the  malpractice  of  pelagic  sealing  be  prev(inteil  or  greatly  checkeil, 
both  in  the  North  Pacittcr  and  in  the  Ilering  Sea,  the  economic  extermi- 
nation of  Callorhinns  nrsiniis  is  merely  the  matter  of  a  few  years. 

International  legislation  ought  to  intervene,  and  without  ilelay,  in  this 
case,  and  suggest  the  means  of  possibly  |)revcnting  or,  at  least,  consid- 
erably limiting  the  pelagic  cajjture  and  killing  of  the  Northern  fur  seal — 
a  destructive  aiul  ultimately  fatal  industry,  whicih  forcibly  recalls  the 
well-known  fable  of  the  peasant  who  killeil  the  hen  which  laid  the 
golden  eggs.  The  industry  derived  from  the  rational  killing  of  Fur 
Seals,  as  pi-acticed  on  the  Pribilof  Islands,  has  an  econonnc  value 
which  extends  far  Ix^yoiul  the  limits,  thougli  vast,  of  the  United  States; 
and  it  must  be  rcnuMnbered  that  the  commer<!ial  extermination  of  the 
Fur  Seal  must  also  put  an  end  to  those  industries  which  are  conuccted 
with  the  preparation  of  the  nuich-valued  Sealskin  fur. 

It  is  both  as  a  Naturalist  and  as  an  old  Commissioner  of  FisluTies 
that  1  beg  to  say  once  more  tliat  I  most  entirely  and  most  emphatically 
agree  with  ycm  in  the  conclusions  and  recommendations  you  come  to  in 
your  report  on  tlui  i)rcsent  condition  of  the  Fur-Seal  industry  in  the  Ber- 
ing Sea,  with  spe(;ial  reference  to  the  causes  of  decrease  and  the  meas- 
ures necessary  tor  the  restoration  and  permanent  preservation  of  that 
industry,  which  conclusions  and  recommendations  are  fully  supported 
and  Justilied  by  the  facts  in  the  case. 

With  mu(^li  regard,  believe  me,  dear  sir,  very  truly  ycairs. 

Hen  11 V  li.  GiGLioLi, 

Dr.  0.  IlART  Mkkwiam,  et<'., 

^Vasl^buJtonJ  IK  G. 


Reply  of  Or,  Rafhael  Blanchard,  Professor  Agrege  a  la  Faculty  de  midecine  de  Paris,  et 
Secretaire  General  de  la  Socieie  Zoologique  de  France. 

Paris,  Ic  3  mai  1892, 
A  Monsieur  le  Dr.  (-.  I  Fart  Merriam, 
Bureau  of  AniumI  Iiidustrif, 

heparlment  of  Af/rivulture,  fV  Woshhif/ton,  7).  C: 
MoNSiiu  u  KT  IIONOK'K  CollKgue:  .Pai  lu  avec  le  plus  vif  int«'>ret 
le  savant  memoire  (jue  vous  m'ave/  fait  I'honneur  de  m'adresser,  cou- 
64 


1    iT 

m 


426 


LKTTKRS    OF    NATIRALISTS. 


reriiiiiit  riiisloin'biolo^iiqucdn  IMi(Miiu;i\  roiiiiiire  (Callorhlints  tn'shnis). 
Les  (>l»s('rviiti(ms  tr^s  pivcises  tjiie  vojis  avr/  fnitcs  aux  ilcs  l'ril»il<>t"  et 
les  renscijfiKMiieiits  iioii  iiii>in.s  exiiiits,  iipimy-'s  siir  dcs  8tutisti(|iic.s 
otticit'Ilos,  <iue  voiis  doiini;/  an  siijct  dr,  la  pi'die  des  H'liiclU's  en  liaiite 
HUM",  ail  iiioriH'iit  on  t'll«'.s  rcinoiitont  vers  Ics  ili's  Pribilofpour  y  iiicHio 
bas,  V0118  out  siij^yvn?  (les  eouclusitms  auxqiielles  je  m'associo  entiere- 
incnt. 

.F'irai  mf'ine  |»lii«  loin  <|ue  vous.carje  (irois  nrjjent,  non  seulenient  de 
prohiber  d'nne  fa(;on  ri;;(mren>*i'  la  peclie  on  hantiiuier  des  Cdllnrliiims 
ini^i'ateni's,  niai'.  anssi  de  ivj^^ieniiMitcr  et  de  liinitor  sevenMneut  la 
cliaase  si  torre  des  males  encore  trop  Jennes  pour  so  constituer  un 
harem. 

D'aprC's  vos  im'ojm'os  observatitnis,  le  mfde  no  s'aeconple  ])as  avant 
IVigo  de  six  on  sept  aiis  et  la  femelie  ne  met  pas  (pi'un  petit  a  la  i'ois. 
On  pent  done  dire  que  I'espece  ercMt  lontoment  ot  s(;  ninltlplie  avee  dif- 
ticulte:  ce  sont  la  des  conditions  d(''t'avorables,  (pu  ne  Ini  pornieltent 
point  de  reparer  les  lieeatombes  <jui  la  deciment  depnis  ([nelqnes  an- 
nees. 

Kn  raison  des  massacres  dont  elle  est  la  vietime,  cette  espece  marclio 
don«'  a  grands  pas  vers  sa  d«'struction  totale  et  d«'*linitive,  snivant  la 
voie  f'atalo  oii  I'ont  precedee  la  h'lii/tina  StcUvri^h^  Moiiarhiis  tmpivalifi 
et  le  Maerorhinus  anffustimstris,  pour  ne  citer  (pie  de  grands  manimi- 
teros  <iui,  nagniu-e  encore,  abondaiont  an  sein  des  mei\s  anu'ricaines. 
Or,  la  destrnction  irr(jm(''diablo  (Tnne  espece  aniniale  emineinmentntile, 
comme  I'est  celleci,  est  iY  projtn  nient  parlar  an  crime  dont  nons  nous 
rend(ms  coupables  (mvers  nos descendants:  poursatisfairenosinstincts 
de  cupiditt',  nous  tarissons  voloiitairement,  et  k  jamais,  une  source  de 
ricliesses  (jui,  r(''glement(''(s  devraitau  coiitraire  contribuer  an  bienetre 
de  notre  gxMu'ration  et  de  celles  qui  lui  succ(''deront. 

Quand  on  vit  sur  son  capital,  (m  pent  sans  doute  mener  la  vie  a 
grandes  guides.  Mais  combiou  de  temps  ces  t'olles  prodigalitc^sdnrent- 
elles?  et  (piel  est  Icurlendemain?  lamisereinextricable.  Ancontraiie, 
eu  faisant  fructitierconvenabl(Mnents(m  capital,  on  eu  retire  d'une  fa(;on 
ininterrompue  de  beaux  int('ri''ts,  (pii  ne  donnentpeut-etre  pas  Taisance 


rev(^'e,  mais  assurent  du  moins  une  vie  Inmorable,  dont  le 


sage 


sait 


s'accommoder ;  i)ar  des  sp(:?culations  prudentes  (ui  par  une  e(;ononiie 
bien  entendue,  il  i)eut  meme  augmenter  pr()gressivenu'nt  son  i»atri- 
moine  et  leguer  -X  ses  enfants  une  fortune  plus  grande  que  celle  (pi'il 
avait  lui -meme  r<>^ne  de  ses  parents.  II  en  est  tJvidenmient  de  UK'me 
dans  la  (piestion  (pii  luuis  pr(''occui)e  et  e'est  pour  notre  g(^'n('ration  un 
devoir  inqx'rieux  d'empeclierla  destruction  du  IMioque  si  lourrure,  d'en 
n'glementer  s(''verement  lachasse,  de  perp(!'tuer  en  un  mot  cette  source 
de  ricliesses  et  de  la  k;guer  si  nos  descendants. 

A  ces  considerations  d'ordre  (icononii(|ue,  j'en  ajouterai  une  autre, 
d'ordre  purement  sentimental.  Ce  ii'est  pas  sans  une  itrol'onde  tris- 
tesse  (pie  le  luituraliste  voit  disparsiitre  une  tbule  d'espcces  animales, 
dont  ce  siocle  aura  cousorauu''  la  destruction.  Quand  nos  mers  no 
s(U"ont  plus  liabifcc'cs  psir  les  C(''tiic(3s  et  les  grands  Pinnipedes,  (puind 
les  sura  ne  seront  i)lus  sillcmiuss  en  t(ms  sens  psir  les  jM'tits  oiscaiix  in- 
sectiv(U'es,  qui  sait  si  lV'([uilibre  de  la  nature  ne  sera  pas  roiiipu,  (''(pii- 
libre  ampu'l  out  coiuMmru  puissament  les  6tres  en  voie  dVxtinctioii  ? 
Avee  ses  barpons,  ses  amies  i\  feu  et  sesengins  de  toutesorte,  riiomme, 
chez  leipiel  I'iustinct  de  destruction  atteint  iiu  plus  liaut  point,  est  lo 
plus  cruel  eiinemidc  la  nature  et  de  I'lnmime  lui-nu'ine. 

Ileureusemcnt,  les  ssivants  Jettent  encore  $i  temps  le  cri  d'alarme. 
Daus  ce  siecle,  ou  I'on  croit  H  la  science,  11  faui  esp(jrcr  que  leur  voix  ne 


i 


']!./ 


■m 


DR.    UAIMIAKI.    IILANCIIARD. 


427 


sp  ponlra  pas  dans  1«'  ddscrf.  Kn  parfinilicr,  J'iii  la  cniivit'tioii  (|iu'  Ics 
incsun's  tri's  saj-u-s  <|in'  voiis  |)r(ipi»sc/,  <'ii  viic  i\v  pn'stTVcr  (I'lUU'  dr- 
stniction  iiiiiiiiiiciitc  !«'  Callorliiinis  iirniniis,  scroiit  somiiist'M  a  iiiu'  coin- 
inis-(ioii  iiitcniatioiialc,  <pii  Ics  latilicra  t4  h'lir  dnmicra  force  dc  loi. 

V<'iiill('z  agnM'T,  Moiisicur  ct  lioiioro  colU'guc,  IV'xpn'ssioii  dcs  lui-s 
seiitiuu'iits  h'8  plus  distiiij;iM''s. 

Dr.   IvMMIAKL   Br.ANCIIAUr), 

J*roJ't'ss<'iir  df/rt't/t'  t)  la  Fiu-iiHtl  ile  Meihcinr  </<>  I'tiris, 
Hevfotairc  (jencnil  <le  la  Socii'tt:  Zooloyiqiic  ile  France. 


fTraiislatioti.] 


Dr.  C  TTart  Mkhrtam, 


Pauis,  May .?,  1892. 


Hurt  a II  of  Aiiiiiial  TiKJiifttrif, 


Drpartiiii'tit  of  Af/ririiliin'r,  ]Vasliiii(ftnn,  />.  (J.: 

Sir  and  IIonouiii)  (Jollea(1Ui;:  1  liaveread  with  the  deepest  inter 
est  the  learned  memoir  which  yoii  liave  done  me  the  honor  to  s<'iid  me 
(;onc(^rniii<;'  the  biolofiical  history  <»f"tlie  fur  seal  (('allnrliiiiiis  rrnimis). 

The  very  precise  observations  wliich  you  made  at   the   I'ribilol"  Is- 
lands, and  the  no  less  exact  inlbrm:ition,  baseil  on  oUticial  statistii-s, 


which  you  jiive  <ni  tlie  subject  of  the  capture  of  the  femal^^s  on  the  hi^li 
sea  at  the  moment  when  tiiey  are  returninji'  to  the  I'ribilof  Islamls  to 
};ive  birth  to  their  youiif;,  hav(^su>i;;ested  to  you  conclusions  with  whi»'h 
I  fully  af^i'ce. 

I  will  ji'o  (^ven  further  than  you,  for  1  thiidv  it  urjient  not  only  to 
ri.uidly  prohibit  the  takinji' of  tlie  mi;>ratory  ('allorhinus  in  the  open 
sea,  but  also  to  r«'j;iilate  and  linut  severely  tlie  huntiu}?  on  land  of  males 
still  too  y(Hin'4'  to  liave  a  harem. 

Accordinji'  to  your  own  observations  the  male  does  not  pair  ott'  before 
the  aji'cof  (i  or  7  years  and  the  female  jjives  birth  to  only  one  pup  at  a 
time.  It  can  be  said,  then,  tiuit  the  species  increases  slowly  and  mul- 
tiplies with  ditticulty.  Tliese  are  unfavorable  conditions,  which  do 
not  allow  it  to  rei)air  the  heoatond)s  which  for  several  yei.rspast  have 
been  and  arc  decimatiii};'  the  species. 

r>y  I'cason  of  the  nnissacres  of  which  it  is  the  victim,  this  species  is 
advancing'  rapidly  toward  its  total  ami  final  destiuctiou,  following 
the  fatal  road  on  which  the  h'lii/tina  kStellcri,  the  Moiiachun  tropical in^ 
ami  the  Macrorhiiiiis  aiiiiiistirostris  have  preceded  it,  to  <'ite  only  the 
great  mammifcrs  which  but  recently  abounded  in  the  American  seas. 

>«ow,  the  irremediable  destruction  of  an  eminently  useful  animal 
sjK'cies,  such  as  this  one,  is,  to  si»eak  plainly,  a  crime  of  which  we  are 
rendering  ourselves  guilty  towards  our  descendants.  To  satisfy  oar  in- 
stincts of  cujndity  we  voluntarily  exhaust,  and  that  forever,  a  source 
of  wealth,  which,  projierly  regulated,  ought,  on  the  contrary,  to  contrib- 
ute to  the  i)rosperity  of  our  own  generation  and  of  those  which  will 
succeed  it. 

When  we  live  on  our  cajutal  we  can  undoubte<lly  lead  a  gay  and  ex- 
^^"•avagant  life;  but  how  long  does  this  foolish  cvtravagauce  last!  And 
w  hat  is  its  to-morrow?  Inextricable  i>overty.  On  the  other  hand,  in 
causing  our  capital  to  b«'  pi'(tp«'rly  pr(>ductive,  w'e  draw  from  it  con- 
stantly a  splendid  income,  whicii  does  not,  perhaps,  give  the  large  means 
<li<'amed  of,  but  at  least  assures  an  honorable  comi)etency,  to  which 
the  wise  man  knows  how  to  acciunmodate  himself.  I>y  prudent  Vi'iitures 
or  by  a  well-regulated  economy  he  <'an  ev»'n  increase  progr:  -.sively  his 
inheritance  and  leave  to  his  children  a  greater  fortune  than  he  had 


[f^f 


^km 


';-5!li|?!- 


428 


LKTTKKS    OK    NATlllAUSTS. 


liiiiisj'ir  received  from  liis  iiareiits.  It  in  evidently  tlio  siiiiie  witli  the 
<|ueMtioii  wliieli  oceiipies  us,  and  it  is  tor  our  ;;'eueratioii  ,iii  iin|H'rioiiH 
(lilty  to  pi'event  tlie  destnictioii  of  tlie  fur  seal,  to  re;iiil -.te  strijrtly  its 
eapture — in  a  word,  to  perpntuate  this  source  of  wealtli  and  to  heijueat!! 
it  to  our  desccMilaiits. 

To  these  eoiisideratious  of  an  Cicononiic  character  I  will  add  another 
of  a  nature  juirely  sentimental.  It  is  not  without  profound  sadness 
that  the  naturalist  sees  a  lar;;'e  number  of  animal  spet^ies  disa|>pear,  the 
destruction  of  which  this  century  will  ha\'«>  seen  accomplished.  When 
our  seas  are  no  lonj,f<'r  inhabited  hy  tln^Cetaceaand  thefjreat  Pinnipeds, 
when  the  air  is  no  lonj^er  furrowetl  in  all  directions  by  little  insectiver- 
ous  birds,  who  knows  if  the  e([uilibriuin  of  initure  will  not  be  broken, 
an  equilibrium  to  which  the  taeatures  on  the  way  to  extinction  have 
{greatly  contributed!! 

With  his  harpoona,  his  hrearms,  and  his  nmchines  of  every  kind,  man, 
with  whom  the  instinct  of  destruction  attains  its  hi<;'liest  point,  is  the 
most  cru«'l  enemy  of  nature  and  of  mankind  itself. 

nap|)ily,  while  yet  in  time,  the  savants  sound  the  alarm.  In  this 
century,  wlu^i  we  believe  in  science,  we  must  hope  that  their  voi<'e  will 
not  be  lost  in  the  <lesert. 

Abov<' all  I  have  the  conviction  that  the  very  wise  measures  which 
you  propose  with  the  view  of  preserving;-  the  iJuUnrhiuus  iirsiniis  fi'om 
an  impendiu};  destruction  will  be  submitted  to  an  internati(uial  com- 
mission which  will  ratify  them  and  j^ive  tin  m  the  force  of  law. 

Will  you  accept,  sir  and  honored  colh>ayue,  the  expression  of  my  most 
distinguished  sentiments. 

Dr.  Raphael  liLANoiiARD, 
ProfeHsor  and  Fellow  of  the  Mrilical  FacuUy  of  Paris, 
and  General  Secretary  of  the  Zouloyival  Society  of  France. 


I 


Repty  of  Prof.  Doctor  Wilhelm  Lilljeborg,  of  Upsa/a,  Sweden,  and  Prof  Baron  Adolf  £. 
Nordenskjold,  of  the  Academy  of  Sciences,  Stockholm,  Sweden. 

Stockholm,  iWi  May,  1893. 

Dr.  C.  riABT  Mr.RRIAN, 

Wanhinyton,  J).  C: 

Dear  Sir:  In  answer  to  your  letter  of  2d  April,  askinj;  our  opinion 
as  to  the  causes  of  the  decrease  of  the  sto<'k  of  Northern  Fur  Seals 
{CaUorhiuuN  Ur.sinu,s)  on  the  rookeries  of  the  islands  in  the  North  Pa- 
cific or  Bering  Sea,  and  concerning  the  means  proposed  by  you  to  arrest 
this  decrease,  we  allow  us  to  state  the  following— 

Your  desciiption  of  the  life  (jf  the  Northern  Fur  Seal  corresponds 
generally  with  similar  descripti«)ns  by  former  authors,  from  the  cele- 
brated Dr.  Steller,  wlio  (1741-42)  visited  the  Commander  Islands  with 
Vitus  Hering,  to  our  days,  and  also  with  our  own  personal  experiences 
of  the  animal  life  in  the  arctic  seas,  and  with  the  infin-mations  one  of 
us  gathered  from  the  iidiabitants  during  a  sluu-t  stay  in  the  Bering  Sea. 

We  do  not,  therefore,  hesitate  to  declare  that  the  facts  about  tlie  litxi 
and  habits  of  the  Fur  Seal,  stated  by  you  in  your  said  letter  under 
1-20,  should  serve  as  a  base  for  the  regulations  necessary  to  preserve 
this  gi-egarious  animal  from  its  threatened  extinction  in  a  comi)ara- 
tively  short  time. 

These  regulations  may  be  divided  into  two  cathegories,  viz. — Imo. — 
Itegulatious  for  the  killing,  etc.,  of  the  Fur  Seals  on  the  rookeries  in 


PROFS.  W.  LILLJKHoliG    AND    A.   K.  XOUhKNSk'IOM). 


429 


onltM'  l.o  |H('V('iit  tlio  ^iTiKliiiil  <liiiiimi!iti(»ii  of  tlir  stocU;  iMo — IJeyiilu- 
tions  tor  tli<^  IN'lii^ic  Sciiliii};  or  tor  tin*  liiiiitiii<;'  of  tlu^  Seals  s\\  iiniiiin;; 
ill  Mu>  oiuMii  ill  lar;;'o  licrds  to  a:i<l  iVoiii  the  mokerirs,  or  around  llic 
rookeries  (liu'iii;^'  the  ti'iie  wlieii  tlii^  I'eiiiales  are  siieUliii;;'  the  pups  on 
Isiinl. 

As  to  the  t'onner  «|He.stioii,  the  killing:  of  th(^  Seals  on  the  rookeries, 
it  seams  at  present  n'};'nhite(l  in  a  siiitaliht  inaiiner  toell'eetnaily  pre\<>iit 
the  ^railnal  diiniiination  of  tlie  stock.  If  a  wider  <^\pei'ieiiee  should  re- 
qiiir(>soiiieiiiodilieatioiis  in  these  i-e;;iilatioiis,  there  is  iiodaii;;'er  init  that 
siieli  iniMliflcation-;  will  lu>  adopted.  It  is  evidently  in  the  intitrest  of 
the  owners  of  tlie  rookeries  to  take  ear«'  tliat  this  soiiree  ol  wealth 
should  not  he  lessened  l»y  exe«'ssi\(' exploitation.  N(»rwill  there  he  any 
didienlty  tor  stiidyiii;;'  the  conditions  for  health  and  thriving;  of  the  ani- 
mals diiriii;>'  the  rooknie  season. 

As  t(»  the  l'ela;;ic  Sealing,  it  is  evident  that  a  systematic  hnntinj,'  of 
the  Seals  in  the  open  sea  on  the  way  to  and  from  or  arouinl  the  rook- 
eries, will  very  soon  canst' the  eoniplett' extinction  of  this  valiia)>le,  and 
from  scientitu*  ])i»iiit  of  view,  so  extremely  interestiii};  and  important 
animal,  especially  as  a  great  iininher  of  the  animals  killed  in  this  man- 
ner are  pregnant  "cows,"  or  "cows"  temporally  separated  from  tlu'ir 
imps  while  seeking  food  in  the  vicinity  of  the  rookery.  lOvery  one  hav- 
ing some  experieiici'  in  Seal-hniitiiig  can  also  attest  that  only  a  rela- 
tively small  part  of  the  Seals  killeil  or  seriously  wounded  in  the  open 
sea  can  in  this  manner  l>e  caught.  We  are  therefore  persuaded  that  a 
]»roliibiti<m  of  Pelagic  Sealing  is  a  necessary  condition  for  the  preven- 
tion of  the  total  extermination  of  the  Fur  Seal. 


Very  truly,  yours, 


VV.    LlLL.IKnOIMi. 

A.  K.   NollDKNSKluLD. 


I' 


,"f  .' 


ft 


Reply  of  Dr.  A.  Th.  von  Middendorf,  of  Dorpat,  Hellenorm.  Livland,  Russia. 

Hellenorm,  (1.  i\  M(fi  1S92. 
Ucrrn  W.  Wirts, 

Clianje  <r Affaires : 

nociK^ESCHATZTEK  Hkrr!  Die  Versi>iitung  dieser  Antwort  bitto 
gefiilligst  meiner  Kraiikheit  /.n/.iischreiben. 

Ks  freut  mieli  aiisserordeiitlich.  dass  die  Vereinigten  Staaten  eine  so 
bewiihrte  I*ersi)nli«'likeit  wie  Dr.  Mt'iriam  ziim  Krmittler der  rrsachen 
gewiihlt  halieii.  welche  die  reisseiide  Abiiahme  der  Seebiiren  bediiigen. 
Jetzt  lit'gt  der  Thatbestand  wissenschaftlicli  aiifgehellt  klar  vor,  sogar 
jedem  Laien  verstiindlitdi.  Die  von  der  ltiissis(^li-AiiH>rikaiiisclieii  Coin- 
jiagnie  eingetiihrte  iJehandliingsweise  dieser  Tliiere  in  ilirem  Dalieim 
aufden  I'ribylow-liiselii  wird  eben  so  ratioiiell  w«'iter  fortgefiihrt  iiiid 
liat  sich  iiber  ein  lialbes  Jalirhuiidert  hindureh  bewiihrt,  sowolil  durcli 
bedeiitende  Einiiahmen  alsaiieh  dureb  deren  Xaclihaltigkeit.  So  laiige 
nur  iiberschiissige  .lungbiillen*  gescUlaehtet  werdeii,  ist  iiicht  uur 
der  Bestand.  sondeni  auch  der  Zuwachs  der  Ileerde  gesichert. 

Leider  sind  die  S;>eliiireii  Wanderthiere  uiid  namentlieh  begeben  sich 
die  triichtigen  VVeibchen  wiihrend  <ler  Wi'itermonate  auf  Iteisen  :  dort 
nun  wer«leii  sie  init  riesig  waeisseiider  liaiibgier  aiifgesuclit  uiid  im 
otl'euen  Weltiueere  vol  Freibeuteru  aus  aller  Welt  geschlagen.     Selbst- 


*  Ilr.  Mrrriain  Ix'iifiint  (H.'scUkmi  "olKtlliiscliikic;"  icli  ^ilaiibo,  dass  dicHc  antf'al- 
Iciidc  rif/vicliniiii^diircli  mirrcix.  illific  N'frstiiiiiiiiclnii.u' (1<'h  rMssiscIicii  Woi'Ii'h:  "clio- 
losljaki"  (\i>XuCiii»mHj,  d.  i.  ".Jiiiii;;^'"*"  ihiii"  oder  "  I'lilicwfibtc"  eulHtaudt'ii  iot. 


430 


LETTKHS   OF    NAITRAUSTS. 


vcrstiiiidlich    wird    imr    dmcli    intniiad'oiiiil    H'st/.ustclN'iMlcn    Srliufz 
AWliilfc  "irscliiilVt  wcnlcii  Ur»iiii<'ii. 

Wic  rascli  die  Vci'iiicliliiiiji' ciiiluiclit.  liabcii  uiis  die  Millimu'ii  daliin- 
jicscliwinidciicr  IJisdii  bcwicscii.  .Mit  Lcl/tcrcn  iiat  cs  alx'v  iiisorcni 
«'iii«'  ;;;•.!!/,  audit'  llcwaiidiiiss,  als  dii'  N'criiiclitiiiij;  kciiicsw  t';:s  volks- 
Aviitliscliattliclu'  Hcdcutiiii};'  liat.  soiidciii  nut'  cim*  ('tllis(•ll«^  iiiir  voii 
dicscin  Standpiuditc  vcrlaii^t  die  <  "ivilisatioii  dcr -Ict/f/rit  die  ICriial- 
tnwjX  ciiicr  IMusti'iliccrdt'  \oii  ucniji'.'n  liiiiidcil  IviiplcM  sowohl  in  lAt- 
tliaiH'ii  als  ill  Nitrd-Aiiic!  ika.  Scit  die  /;iliiiiiiin;s mid  Ilylnidisatioiis- 
\  ci'siiclic  iiiit  r>is(Hitlii('i('ii  H'sidtatlos  jit'lilichcii.  isl  cs  klar,  dass  die 
VVcidciiriiiidc  dcr  llisoii  xoitlicilliaf'tcr  <liircli  die  IViihrcircu  and  iiiilfli- 
gcliciidcii  iviiidci  licci'dcii  aiisiiciiiirzf  wordt'ii  koiiiicii, 

(iaiiz  aiidcrs  vcihiilt  <'s  sicli  iiiit  dcii  yt'cbiiicii :  sic  siiid  nid)t>din^t 
von  v(dks\virtlis(liaf'rli('luMii  Int^'rcsHi'  und  /waiohiie  Zutliun  dcs  M«'n- 
scIm'ii  /u  llanstluci'cn  ciscliancii.  wic  icli  das  scIimii  vnr  lan;^('n  Jalircii 
Ix'toiit  lialx".  (\'('i  <>l.  iiicinc  "Sibirisclic  llcisc,"  hand  iv,  Tlit'ii  1,  Tafs 
«SH».)  Si(^  siiid  s(»{>ar  das  iiiit/.Ii(^bste  llau.stliitM'.  das  juar  kciiu'  l'Mirsor<«e, 
kciiH'  Aiisnaben  vcrlanjit  and  dadiircii  die  iKirlistcn  iiciu^cwiniic 
i'l/iclcn  liisst.  Lassen  wir  in  (iiMJanken  den  Sccliiiren  verseliwindeii, 
was  kr»iinte  danii  deiiselheii  eisetzen  uni  iinl'asshare  Kisciivoriiitlie  des 
O/eans  in  <;('siiclite  Waare  des  Weltiiiarktes  nin/iiarbeilen  ' 

Als  \varneiid<'  ( ledenktalid  steiit  jet/.t  die  srit  andertiialli .lalirliunder- 
ten  veWidete  IJeiiiiiisinsel  da.  Ilat  si'Kcin  dei  niiichli;;)'  l"or|,-ciiritt  der 
><'eiixeit  ill  irjiciid  eiiier  Weise  die  Seekuli  {  L'liiiliiui  Stclitii)  /.w  {'rnvt/.v\\ 
veiinoelit,  dieseii  Koloss.  welelier  alK  mariner  I'tian/en  I'resst'rdviziibe- 
stiniinT  war,  unhrauelibare  Taiige  in  selmiaeklialf**  Flei.selikost  inii/.n- 
wainkdn  t 

VV«nn  Hie,  Hirer  Andentunji'  j;'eniiiss.  ileirii  1 M'.  Merriain.  (lessen 
Adressc  icb  iiiciit  keiine.  den  liiiialt  dieses  Ib'ieles  inittlieileii  woMlen, 
so  wiirden  Sie  inicli  selir  \ crbintb'ii. 

l(ih  liabe  die  lOhre/u  sein.  iioriif^eeiirter  li(M'i'.  liir  j>aiiz  orijebnier, 

Dr.  A.  V.  MiuijHNDoiu^'F, 

(Dietat  w  e;;en  Liibnuing.) — E.  v.   Middknoorff. 


[TciuiHlat,i<iii.| 


fi 


Mr.  \V.  WruTS, 

('hai'ijv  iC A  (I'n'ncs: 

Siu.  My  (b'lay  in  aiiswerijifj  y(>«T  IHtin'  is  <bie  to  ilbiess. 

1  am  very  j>iad  tliat  tlie  I'liiled  States  iiave  selected  so  ••oni|ietent  a 
])(Msoii  as  Dr.  Ab-rriam  for  tlic  puriMise  ol'  asceriainiii.ii'  riic  causes  ol 
tlic  rapid  decrease  of  seals.  The  fact*  of  the  ease  have  now  been  seii'n- 
lilically  «'\|»laiiied,  so  tliat  tiiey  iiuiy  i>»e  readilx  nnderslood  even  by  an 
nnscieiitilic  person.  The  method  of  nreatini;'  these  animals  which  was 
orijuinally  adojitcd  by  the  IJiisHian  .Vinericaii  ("oinpany  at  their  iiome 
on  tiie  I'ribiiof  Islands  is  still  coiitiiiiied  in  the  sanu'  rational  mann<>i'. 
and  lias,  for  more  than  half  a  cennirx .  i>ccii  found  to  be  excellent,  both 
on  aecoiint  of  tiie  liir<ie  iiitndM>r  of  seals  taken,  and  ln-caiise  they  are 
not  exteriiiinate<l.  Si>  i(»nji-  as  snpertiuons  yoiiii;^'  males*  only  are  killed, 
n<»t  <»idy  the  existence,  but  even  ilic  increase  ol   the  herd  is  assured. 

Seals  are,  iinlbrtnnately.  mijiiatorx  animals,  and  set  out  on  their  jour- 
neys iliiring  the  winter  months.     This  is  espcciall.\  trueol  the  pre^iiiant 

*Pr.  Morrinin  cnlls  ilicsd  ••cliolliisrliickif '"  I  |iI'i'simii)<  tliis  iitninikiilili'.  iIosiu-iki- 
tiim  is  tins  (iiitjurowtli  olnii  invitliiniarv  iiiiimImI  inn  ol'  I  he  IviiHsiaii  word  "i-hoitwtjiilvi" 
(hit  (ici'iiiaii  orl<;iuiil),  j.  c.,  lnitilioloi'N,  or  t.iiiMi-  iiiivlu;;  no  wives  or  iiiattiH. 


!  •"?♦* 


DR.  A.  V.  MIDDEN'DOUFP. 


431 


fcniiilos.  Tliey  arc  tlicn  Imiitcd  witli  constantly  iiicrcasinii-  rapacity, 
aiitl  are  killed  in  the  nitcn  sea  l>y  tVcclxtotcrs  IVoui  all  parts  of  llu^ 
\v(ul(l.  It  is  evident  that  the  only  I'cnicdy  for  snc  h  a  state  of  thin<;s 
can  l»e  atVordcd  l)y  international  protection. 

Il(»\v  r.ipidly  extermination  pi'oni'csses  is  shown  liy  the disa])pearanc(>. 
of  millions  of  bisons.  Willi  these,  however,  the  case  is  (jiiite  dill'ercnt, 
sinci;  their  destruction  is  of  no  imjiortancc  in  an  economical  point  of 
view.  Its  impoitancc^  is  meiely  of  an  csthelical  charaitei,  and  from 
this  stand|)oint  only  does  modern  civilization  demand  the  preservation 
ol  two  specimen  herds,  nundiciiny'  a  lew  hnndred  head  each — on<'  in 
iiit tiMania  and  the  otiicr  in  North  Anu'iica.  Since  the  attempts  to  do- 
mesticate the  bison,  ami  to  pr(Mlnce  a  cross  lielwcen  it  and  (Mir  domes- 
tic cattle  h^'^'c  proved  ;i  failure,  it  is  plain  that  the  ;ii'onnd  where  the 
bison  Ibrmerly  ;nra/.«'d  <r.\\\  be  more  advaiita};'eons|y  occniued  by  herds 
of  domestic  cattle,  sinf»e  these  aninnds  mature  eailier  ami  yield  nnlU 
abundantly. 

The  case  is  (|uite  otherwise  with  the  seal.  This  animal  is  of  economi- 
cal impi»rtance.  and  Wiis  cr(»ated  tor  a  domestic  animal,  as  I  poiidedont 
nmny  years  ajio.  (See  my  ".'•Iberian  .b)uriiey,'''  Vol.  IV,  I'arl  1,  p.  SKJ.) 
It  is,  in  fact,  the  most  useful  of  all  donn'stic  animals,  since  it  retpdres 
no  <'ai('  and  no  expense,  and  consecpiently  yields  the  larji'est  net  profit. 
If  we  suppose  the  seal  to  have  disa]>pcarcd,  what  couhl  take  its  placi' 
as  a  converter  of  the  innnense  supply  of  lish  in  the  ocean  into  <'hoice 
furs  to  stcK'k  the  imirkets  of  the  world  ? 

r.erin^i's  Island,  which  has  been  deserted  for  a  hundred  ami  fiity  years, 
now  stands  as  a  warning;,  lias  modern  ]noni('ss  succceiied.  in  any  way, 
in  supplyinj:'  the  place  of  the  si'wrow (Rlii/tiiHt  Slcllcri),  \\i;\\  hujie  mon- 
ster which,  as  a  eonsumcM  of  marine  plants,  was  int(*nde(l  to  convert 
usj'less  scii-weed  into  savory  meat? 

If  you  will  communi(!atc  (as  you  sa.\  you  pr(»pos('  to  do)  the  c(mtents 
of  this  letter  to  Dr.  Merriam,  wlutse  address  I  do  not  know,  you  will 
obli^ic  me  ji'ieatly. 

1  hav(^  the  honor  to  be,  sir,  your  ni(»st  obedicid  servant, 

l)i.  A.  V.  .Midi)i:ni)(Hifi'\ 

(Dictated,  owing  to  lameness.) — Vl.  v.  Middemj(»I{FF. 


Reply  of  Dr.  Emil  Holub,  of  Prague,  Austria-Hungary. 

\VnU\Y  (ttMii  I'rotrclnr.iic  Sr.  Kiiis.  ii.  I\()iii<r],  |[olmit  <1«h  F-r/IiiT/oirs  I'riiii/ Fcnli- 
niiiiil  \(iii  Oslcnricli-lvstc,  Dr.  ilniil  II(i1m1)'h  Si'MlMrrikiiiiisrlic  Aiissldlimu  in  i'r.'i.u, 
IK'Jli.    (Dai'stL'Uuiijr  tier  l"(HS(liiuit;.siosiiltatc  seiucr  Lct/Icii  Alrikiinisc.  lss:;-l8S7.)J 

ruAiiUK,  May  18.,  Lsifjj. 
Dr.  C.  H.  MERRiA:\r.  Ks(i., 

Wiisliiiifiton,  D.  (\: 

Dear  Sfr:  With  sincere  attention  T  have  perused  the  rccoids  of 
yotir  iiivestifiation  of  tln^  habits,  the  present  decrease,  and  rcfiarding 
tlu>,  futni'col  the  I''ur  Seal  (('((lli>rli!iiii.s  rr.sinns  (Jray).  Ilaxinj;'  well 
e(msiderc(l  the  matter,  1  will  pass  my  opini  »n  without  any  prejudice 
whatevei'. 

The  (ioverninent  of  the  United  States  may  be  coiif-iatulated  ui)on 
tln'aeti(m  taken,  in  liaviniL>' sent  out  for  the  investijiation  of  ji  matter 
whjeh  falls  into  the  Dcpartemciit  of  the  Hoard  of  Trade  a  Seicntist.  ami 
in  this  H]u'c,ial  case  a  nmn  who  has  taken  such  jireat  pains  with  the 
object  of  Ills  researches. 

Our  age  makes  it  to  adiity  for  all  civilized  nations  to  bring  trade  and 


432 


LKTTKRH    OF    NATl'KAI-lSTS. 


coiniiH'rcM'  ill  ii  close  contact  witli  science.    Tlii>  lie(roiiics  (|iiite  a  neces- 
ity,  like  in  the  present  case,  in  wliicli  <'oininerciiii  cnsionis,  even  inter 


iiiitional  a;;i'eenieiits.  laws.  ( 
<lecision.  Siieli  seientilie  in 
elusions;  they  do  advice  the  i 
npon  which  an  internatieiial 
({e^iiirdiii}''  the  olijeet  o('.V( 
the  decrease  of  the  niiniliers 


'Ic 

.  I>c. 

■oiiie 

lie 

sti^anon 
asiires  to 

iiiKiersiiiiM 

till 
ot 

rcs( 
the 

'are! 
ttnr 

insiillicient  to  secure  a  sound 
s  can  ^npiilyilie  desired  coii- 
ilie  tai*«'u,  and  i»rovide  the  hasis 
liii};-  i;iii  he  cslalilishcd. 
les  I  iiMJorsc  yoiir  opinion,  that 
seal  on  the  I'liinloi'  Islands  has 


hi'en  caused  by  jH'lajiie  sealiii;;  in  tl»«-  North  !'.M'i(i<-  and  in  th«'  INMiii};; 
Sea,  and  that  this  takiiij;'  of  tli*'  seailf  at  sea  lias  to  be  stopped  as  early 
as  possible. 

To  restore  in  time  tlu'  nniiibers  of  yBianials  ol'  finiiiei  years.  !  take  the 
libertvto  name  (lie  following  iiieasiin»~-  lortlie  sakeof  consideration: 


llt^ 

\ririi 

ion 

IH'   ( 

c     ti 

iit-«- 

iiroi 

nt- 1< 

otlH'i-  powers, 
piestion   between  the  United 


■(tate 


are  cone* 


rned 


innii) 


•IS  of  the  breediiijr  jiiii. cs  as 


A.  Concerniiij; certain  ajiiceinc 

1.  A  iiiutnal  nnderstandiii;^  ii) 
States,  Russia,  and  -lapan.  Tlies 
liira  in  this  matter  as  beiii<>'  the  j 

well,  like  also  of  the  (isliiny-  y;niniid.-   u!  tiie  said  animals  (liiriiii^  llieii 
yearly  wanderiiifis  to  and  fro. 

Ii.  Imh' the  sak<' of  brevity  in  action  aiiid  a  speedy  settleinenl,  thesis 
three  States  (aCler  liavilij;  aj;iT»^<i  upwn  i*.  Ij  tos«^lecl  but  one  Kepreseiit- 
ative. 

.">.  The  ITiiitcd  States  liaviiit:'  u-iven  unwdse  to  the  matter  to  juaiii  the 
prcstifi'e.  that  an  Inited  St.  iii:iii  sliali  of  elected  to  this  hoiionr. 

4.  A  t'oiij>ress  to  be  i-alled  to^-ether.  iwvitiitions  to  be  sent  to  those 
of  the  Knropeanand  American  uijwers.  "Ikis  subjects  indulj^e  in  pela,yic 
sealing'  in  the  Noitli  I'acilicatid  the  Hen n^- Sea. 

5.  In  tlieCon^it'ss  tin'  IJcpresentativfol  the  three  powers  (sub.  ]i.  I) 
to  have  six  voices,  lesnltiny  in  two  voires  for  «'vcrv  ot  these  powers, 
wliicii  concession  to  be  ;iraiited  upon  tin*  facts  of  p.  I. 

U.  The  Con^^ress  to  deal  with  the  stf^ppan'e  of  pclaj^ic  sealin<i'  of  the 
fur-seal,  and  possibly  to  come  to  an  understandin;;'  upon  it  and  to  en- 
forc<'  it. 

U.  roncerning  eertjiiu  laws  and  precautions  in  the  dominions  of  the 
I'liited  States. 

7.  To  prohibit  takinji"  seals  sir  sea  by  h«»me- vessels  and  by  small  b(»ats 
alon^'  the  coast  dnriiiin  the  wanderiiifis  of  the  animals.  I  think  that  ii 
jiit'iir  many  of  fur  seals  ar<'  killed  on  their  way  to  the  South  and  thi'ir 
rctiini  to  their  bij'cdiiip;  places  in  the  north  before  <'ver  they  do  reach 
the  neijiliitonrhood  of  the  latlci-.  The  lact  that  these  wandeiiiiii'  animals 
are  tliiel!\  |n<'<iiiaiit  females  which  as  ^iaine,  are  protected  by  laws 
amoii;^  al!  cixilized  nations,  may  juraiit  them  sal'ety  also  alon;;  the  coasts 
of  Hi.  Columbia. 

8.  To  see  that  tin'  existin;.;  uiws  at  present  in  use  on  both  St.  I'aul 
and  St.  (IcMiy  islands  re<;antai};  the  ju'oteetion  of  male  pups  are 
strictly  observed. 

J).  To  investijiiite  the  nutritl^'Uw  uec«'ssities  of  the  fur  seal.  I  believe 
that  tiM' animals  feed,  besides  on  isch  and  crustaceans,  alsium  ditferciit 
lurms  ot   mollusca,  especially  on  mussels,  and  also  on  certain  seaweeds. 

Itt.  L»  aseertainiiit;'  (p.  H)  tw  tuw' to  increase  the<|uantity  of  food  in 
tlw  !*i",\  of  rlie  I'ribilof  Islandi-  es.|MMially  for  that  reason,  that  females, 
«ii«Mi  nursing,  may  Ite  not  (Mmipeiied  to  stray  as  far  as  KUMo  l."»0  miles 
from  sii««>re.  dcMertiiiy  their  pnqitH  for  so  Innjj  and  belli};'  alsoexpo.sed  to 
the  wcaiiions  of  the  pelayic  !*eDil»'t 


TM. 


IHt 


U.   ill  .iscei'tainiiiu  (  p.  U)  U>  »»iy  a  s]»eeial  attention  t«»  mussels  belonj 
•r  to  rhe  famiiies  ol  the  Mj/ii  x/fcaiid  A  riciiliihv  (to  the  yenera  of  .1///- 


HlitH.  MtuHolu.  Litli<nh:nmHj  I'tnima  ct  others),  who  have  thin  shells,  or 


1 


i>    «;s 


T^OCTOKS    KMII-    iroH'M    AND    CAllLOS    liKKO, 


43;j 


I 


tootlirr  s|MM'irs  ol"  tln'  Noitli  i';icilic.  wliicli  would  prdinisc  ii  jfood  pro- 
liticiitioii :  t'iii-tli«T,!ilso,  tocrrliiin  si^iiwccdsJorsiiltiiiiiriiH'  pliiiitiiti()ii,tlii> 
sptutifs  K)  wliicli  I  iilltidf  <'()iit:iiiiiii<>'  a  ;;r(':it  deal  of  catidtN'  ;;«'latiii(ius 
niatScr. 

IL'.  These  uieasures,  besides  to  he  tak«Mi  tVoiii  (eeoiioiiiieal  reasons  oit 
Ix'lialt'oi  iioineeoMiiiiereeaiid  lioaietrade,  to  Ite  reeoitiiiieiided  also  tVoiii  a 
seieiitilie  point  of  view,  as  an  act  of  pi-eservatioii  (da  sea-iiiaiiiiiial  and 
from  tli«'  eoniuiou  laws  of  Imnianity,  (hat  species  of  laryc  and  wild  liv- 
in;;  nianinial  nia.v  l>«'  i^iiarded  against  utter  anihilation. 

Slankind  n»'vei-  to  lorj^ct  that,  l»ein;i  the  master  anioni;  the  livin;^' 
cieatuies  on  eaith,  it  has  the  powciof  re-creation. 

11' the  pelajiie  sealiuff  of  the  fur  seal  is  carried  on  siilj  lon;;er,  like 
it  has  been  e\ecut<'d  durin}>'  the  last  years,  the  pela;iic  sealinj;  as  a 
business  nnitter  and  a  ^'liviu};"  will  soon  cease  i»y  the  full  extermina- 
tion of  tiie  useful,  animal. 

The  oltjections  i)rou;;ht  tbiward  by  the  friends  of  the  pelagic  sealin;;" 
aj-ainst  its  sfoppa^^c,  that  the  latter  will  ruin  a  jireat  many  families  of 
seamen  and  tisheis  can  not  be  taken  as  sound  ar;;nnients.  It  is  a  well 
known  and  a  common  tiling;  in  our  a;;'e,  but  a  weekly  occiirren<-e  during 
the  last  years,  that  a  new  trade  spiinj^inji  up  ruins  two  other  trades, 
and  hardly  in  one  case  out  of  hundreds  can  a  compensation  be  <;ivenor 
is  asked  for. 

In  concladinj;  my  note,  I  thaidvyou,  my  deal-  sir,  as  my  esteemed  tel- 
low worker  in  anothei-  transatlantic  spliei e,  for  the  excellent  wiuk  whicdi 
you  have  executed  duriu};' y(Mir  weary  investij;ati(»ns  in  the  Merinji  Sea. 
May  this  noith-  and  impoitant  woik  i)e  i-rowned  with  the  deserved  suc- 
cess, that  that  piratic  hunt  may  l)e  stopped  forever.  The  opportunity 
of  the  Col.  Kxhiltition  in  Chica;;*)  miuht  be  used  to  call  the  (Jon^iiess  to 
\Vasliin>iton  and  then  to  jiive  to  the  dele;;at<'S  the  treat  of  a  visit  to 
the  nionstrcais  Kxhibition. 

I  should  feel  very  liai)py  if  one  day  toconie  1  can  nnike  your  persona! 
actiuaintance  and  can  shak<'  hand>  with  you,  my  dear  sir. 

With  my  humbU'  resi>ects,  I  remain,  your  most  oi)edient, 

1)1'.  I'iMIL    IloLUB. 


REPLY   OF    Dl{.   (lAUI.OS    lUWK},    OF    UIKN'OS    AlllllS. 

MrsEo  Nacionm.  de  lit  enos  Aii{ks, 

limmoH  Aires,  I  June,  /x'/^^ 

Sir:  In  answer  to  your  circular  dated  April  li,  a.  c.,  and  directed  to 
Dr.  Hermann  llurmeistcr,  I  rej^iet  to  let  you  know  that  same  <iied 
shortly  before  tlie  transmission  of  your  circular  by  J).  N.  iiertolette, 
esqr. 

llavinj-' been  named  director  of  the  National  Museum  in  place  of 
the  deceased,  I  have  read  with  jjfreat  interest  your  rejmrt  and  coixdu- 
sious  about  tin',  causes  of  the  deitreas*'  and  the  measures  necessary  for 
the  restoration  an<l  permanent  preservation  ()f  the  seal  lu-rd  on  the 
I'ribilof  Islands  in  lleiiii;;  Sea,  and  accordiuj;'  to  your  wish  1  ha'.e  the 
]deasnre  to  let  you  know  that  from  the  standpoint  (»f  a  naturalist  I 
perl'e«'tly  a^iiee  with  you  in  considei'lnj;  your  conclusions  an<l  recom- 
meiulations  Jiistilied  and  necessitated  by  the  facts  stated  by  you  as  a 
result  of  your  special  investij-alion  on  the  above  named  islands. 
Very  truly  youis, 

Caulos  Ukuq. 

Mr.  (J.  liAUT    MliltBlAM. 

55 


Aji.i.i; 


•«'-■% 


'ilM^ 


I 

I 


.L 


FOREIGN  STATUTES. 


FALKLAND  ISLANDS. 


I  w 


ORDINANCE  OF  THE  FALKLAND  ISLANDS. 

[Uj  liin  exci'llciicy  'I'lioniiis  Krir,  fjnvcnior.] 

No.  4,  1881. 

AN  OHDIXANCF,  toproxM.lefor  tlic  K8t:il>liHlmn'Ht  of  a  CloHoThnoin  tlio  Seal  I'isliery 
oftliu  Kiilkhiiiil  l.slaiKls  iuid  lli«*jr  Di-ix^iiilcacit-s,  and  tlii^  Moas  ailJartMil  tlicn-to. 

WlHMoas  tlu'  seal  tislicry  of  these  isliinds,  wliicli  was  at  one  time  a 
source  of  profit  and  advantage  to  tlie  eoloitists,  lias  liecn  (^xliaiisted  hy 
indiscriininate  aiul  wastt'Cnl  tisliin^,  and  it  is  desiralde  to  levive  and 
prote<'t  tldsiudustry  by  tlie  estaidisliiiient  of  a  elosetiiuc,  dnriiij;'  \vlii<-ii 
it  sliall  be  uidawfid  to  kill  or  cai»tnre  seals  witliiii  tiie  limits  of  this 
eolony  and  its  di'pendencies: 

lie  it  thcrvforc  eii(icte<l  hif  tlicgnrcnior  of  the  Falhlttnd  Ishnuls  otitl  their 
depcinleiirics,  icitli  titr  ail  rice  and  consent  of  the  leffistati  re  council  thereof, 
as  folio  a- s: 

1.  No  p«'ison  shall  kill  or  capture,  or  attemi)t  t«)  kill  or  ('ai)ture,  any 
seal  within  the  limits  of  this  eolony  and  its  dependen  ,,|,,^,,  ,|,_| , ,.,,.  ^^j^, 
eies,  l)etween  the  days  hereinafter  mentioned  (which  lisiniv,  mni  |..iiiiiti.jt 
interval  is  hereinafter  referred  to  as  the  close  season);  '"''"""'' 

that  is  to  say,  between  thelirst  day  of  ()ct()l)er  and  the  first  <lay  of  April 
followinjf,  both  inclnsive;  and  any  person  actinj;'  in  contravention  of 
this  section  shall  forfeit  any  seals  killed  or  cai)tui('d  by  him  \\\\i\  shall 
in  addition  thereto  incur  a  pemdty  not  exceedinj;'  one  Imndred  iionn<l8, 
and  a  further  penalty  of  live  pounds  in  resi)ect  of  every  seal  so  kilh  d 
or  captured. 

2.  Any  owne?-  or  imister  or  other  person  in  charfje  of  any  ship  or 
vessel  who  shall  permit  such  ship  or  vessel  to  be  em- 

j)loyod  in  killinji-  or  capturing  seals,  or  who  shall  per-   „,/,i';lI"il!:r /.l^Mp.''''^ 

mit  any  pi'rson  belonginj;'  to  su»'h  ship  or  vessel  to  be 

employed  in  klllinf;'  or  capturing  as  aforesaid,  during  the  close  season, 

shall  forfeit  any  seals  so  killed  or  captured  and  in  addition  thereto  shall 

be  liable  to  a  penalty  not  exceeding  three  hundre<l  pcmntls  tor  each 

ottence. 

.'i.  Kvery  ottence  under  this  ordinance  may  be  i)rosecuted  and  every 
penalty  under  this  ordinanite  nuiy  be  recovered  before 

the  police  magistrate  or  any  two  Justices  of  the  peace  „|/,!,|,,',',r.' '  " ' ' ' 

in  a  summary  manner,  or  by  action   in  the  supreme 
'iourt  of  this  coh)uy,  together  with  full  c<»sts  of  suit:   I'rorided,  That 
the  pemdty  imposed  l)y  the  poli<M'  nnigistrate  or  two  Justices  shall  not 
exceed  one  hundred  pounds,  exclusive  of  costs. 

48B 


*  >i 


I 


I'^r 


^^^^ 


II 


4;$c 


rOUEKJN    STATITHS. 


Oiic-liaH'or  tnt'iy  iMiiiiilty  ro.  ovt'icd  mulcr  this  (H(liiiiHUM'  sliiill  !>(> 
paid  to  the  person  wlio  proseniti  ;1  (lie  ofU'iicoor  siu'd  lor  such  pnialty. 

All  lilies,  lortV'itiircs,  and  penalties  recovered  under  this  ordinanet*, 
where  not  otherwise  hen-iidjelbre  provided,  shall  i»e  to  lltT  Majesty, 
her  heirs,  and  sueeessors,  and  shall  he  paid  to  the  treasurer  for  the  use 
of  the  jiovernnu'iit  of  this  colony. 

For  all  purposes  of  and  in<',idental  to  the  trial  and  iiunislnnent  of  any 
person  aciiusedol "any  olfence  under  this  ordinance  and  the  proceedinjis 
and  matters  preliminary  and  incidental  to  and  conset|ueiitial  on  his 
trial  and  punislunent,  and  for  all  purposes  of  and  incidental  to  the  Juris- 
<lictit)n  of  any  court  or  of  any  coiistal)le  or  otlicer  with  reference  to  su(di 
ortence,  the  otVence  shall  be  deemed  to  have  heen  connnitted  either  in 
the  place  in  which  it  was  actually  committed  or  in  any  plac*^  in  which 
the  otfender  may  lor  tlu'  tinu'  l>ein««-  he  found. 

4.  Where  the  owner  or  master  nl'  a  ship  or  vessel  is  adjndfied  to  pay 

>i  ;>enalty  lor  an  offence  under  thisoi'dinance  the  <'ourt 
rwniiv'''^  "' "'"''"  '"i».Vi '"  addition  to  any  otlun-  power  they  may  have 

for  the  puriMise  of  compellinp;  payment  of  such  pen- 
alty, direct  the  same  to  be  levied  by  distress  or  aii»^stm<'nt  and  sale  of 
the  said  shi[»  or  vessel  and  her  tackle. 

5.  In  thisonlinance  the  exi)n'ssion  "seal"  means  the  "  fui-  seal,"  the 
"sea  otter,"  the  "hair  seal,"  the  "  sea  t'lcphant,"  the 
"sea  leopard,'' and  tlu'  "sea  doj?,"  an«l  includes  any 

animal  of  the  seal  kin<l  which  nuiy  be  found  within  the  limits  of  this 
colony  and  its  dependencies. 

0.  This  ordinance  amy  be  cited  as  t!ie  seal  lishery 
ordinance,  1881. 

T.  Kkkk, 

(ttn'ernor. 

Passed  by  the  legivslativt^  council  this  twenty-seventh  day  of  Decem- 
ber, one  thousand  eight  hundred  and  eijihty  one. 

JoiiiN  Wright  Collins, 

CIvrk  to  the  Council. 


IVHiiitiiiii  (it'"st>al 


Short  titli>. 


^ 

M 

'K 

•        *]• 

J. 

NEW    ZEALAND. 

[20  una  -ll  Vict..  in\>.  j:!.    Htli  .Imio,  1803.] 
AN  ACT  of  tlie  ravliaiiicnt  ofdriNit  Britain  ti)  alter  tlic  Hoiiiidnrios  of  Xcw  Zoalaiid. 

Whereasby  the  Kijihtieth  Section  of  an  Act  of  the  Fifteenth  Year  of  Her 
jNfaJesty,  Chapter  Seventy-two,  en  titled  "Anacttojiranta  Represent  alive 
Oonstitntion  to  the  Colony  of  New  Zealand,"  it  was  providetl  that  for  the 
Purposes  of  that  Act  the  said  Colony  should  be  held  to  include  the  Terri- 
tories therein  mentioned;  and  whereas  it  is  e.\i)ed!ent  to  alter  the  Limits 
of  the  said  Colony  as  declared  by  the  said  Act: 

lie  it  therefore  enaeteil  hi/  the  (Jiieen\^  Most  Hreelleiit  Majesti/,  hi/  ami  irith 
the  Ailriee  and  ('Onseiit  of  the  Lords  Sjtirittialanil  Temporal,  anil  Coniinons, 
in  this  /tresent  Parliament  assembled,  and  hi/  the  Anthnriti/  of  the  same,  as 
fol  loirs: 

1.  SonmchoftlieEi<ihtietli  Section  of  the  aforesaid  Act  of  Parliament 
as  declares  the  Limits  of  the  Colony  of  New  Zealainl  for  the  Purposes  of 
the  saitl  Act  is  repealed. 

U.  The  Colony  of  New  Zealand  shall  for  the  Purjioses  of  the  saitl  Act 
antl  for  all  t)ther  Pur^toses  whatever  be  deemeil  to  ct)mprise  all  Teiri- 


i* 


'-*) ' 


,#•  ■^''!*l 


NEW    ZEALANM). 


437 


tories,  Islaiuls,  aiid  Conntiios  lyiiiy  Im'Svccii  tlioOnolniiHlml  and  sixty- 
s('('«»iul  iH'urceofKast  liOiijjitinUiaiMltiieOiM'  ImiMln'd and s»'v<Mity  third 
DefiTi'corWest  Loiijiitudc,  aiidbt'twreii  tlie  Thirty-third  and  Fifty  third 
rarallels  of  iSouth  Latitude. 


NEW  ZEALAND  ACT,  1878. 

(42  Vict.,  No  4:1.    2n(l  Novoniber.  1878.] 
AN  ACT  for  tli«  Protection  and  Prt'st^rvntion  of  Seals. 

lie  it  enacted  by  the  General  Assembly  of  A'/zr  Zealand  in  Parliament 
assembled,  and  btf  anlhoritti  of  the  same,  as  J'olloirs: 

1.  Th«;  Short"Title  of  this  Act  shall  he  "Tlie  Seals 
Fisheries  Protection  Act,  1S78."  siuHttiti.,. 

li.  Section  two  of  "The  Protection  of  Animals  Act      j^  ^^  j 
Amendment  Act,  1875,"  is  hereby  repealed.  '"' 

3.  No  person  shall  hunt,  «'atch,   or  attemi)t  to  catch  or   kill  seals 
between  the  davs  hereinafter  mentioned  (which  inter- 
val is  herein  retferred  to  as  "the  close  seasim"),  that  is  ,,.2;"'    "'■'■"""    '"' 
to  say,  between  the  first  day  of  October  and  the  first 

day  of  Jjine  followinji,  both  inclusive;  and  any  per.s<Hi  actins'  in  con- 
travention of  this  section  shall  forfeit  any  seal  «!an;;iit  by  him.  and  shall 
in  addition  thereto  incur  a  ]»cnalty  not  exceeding:'  fifty  pounds,  and  a 
further  penalty  not  exceeding  ten  i>onnds  in  respect  of  each  seal  so 
caught. 

4.  The  (Jovernor  may,  by  Ordei-  in  Council,  from  time  to  time  extend 
or  vary  tlu>  time  dnrinj;  which  it  is  jjrohibitcd  to  hunt, 

cattth,  or  kill  seals,  and  amy  from  time  to  time  vary  th*'  JJ!»«'' ><'>''''""  may  ijo 
close  season  so  ext<Mided,  and  may  prescribe  that  any 
such  order  shall  take  ett'ect  in  the  whole  colony  or  only  in  jiarticular 
jiarts  thereof,  to  be  defined  in  such  order. 

').  If  he  shall  think  it  neces.sary  for  the  preservatuHi  of  seals  to  do  so, 
the  Governor  may,  in  a  similar  manner,  extend   the 
time  duriny  whu'h  it  is  prohibite*!  to  hunt,  catcrh,  or  kill   ....'■^[..j''"''^  "'"^'  ''° 
seals  over  any  term  not  exceedin};'  three  years,  and 
may  at  any  time  before  the  expiration  of  any  such  term  further  extend 
the  same. 

0.  Any  penalties  imjtosed  by  this  Act  for  the  purpo.se  of  prohibitinj"- 
the  catciiine:  or  killiu"' of  seals  durinu' the  close  sea.son      ,.     ,  . 

1      11  1      i  1  1  ii  1  ri'iiallicM  til   iiiiply 

shall  apply  to  such  .sea.son,  however  the  same  may  be  i.m  xtni.ii.i  s.iisi.i.h. 
varied  or  extended. 

7.    The  (lovernor  may,  by  Order  in  ('onncil,  from  time  to  time  ex- 
clude any  part  of  the  colony  from  the  operatiim  of  this     ,..,..        , 

A     i.  Dislriits  may  boc'X- 

Act*  cludud  I'l'uiii  Act. 


NEW  ZEALAND  ACT,  1884. 

[48  Vict..  No.  48.     liltli  Novcinlicr,  18K4.] 
AN  ACT  to  Provide  I'or  tin-  Coiisfiviition  ol'  FJHlimies. 

Be  it  enaetrd  by  the  General  Assembly  of  New  Zealand  in  Parliament 
assembled,  and  by  the  antliority  of  the  same,  as  fnlhurs  : 

1 .  The  Short  title  of  this  Act  is  "  The  Fisheries  Con-     siiuh  uti*. 
servation  Act,  1.S84," 


'm 


I' 


NiiMnip 


Vli 


■  If&UktoBHi: 


■lord  Howe  T. 


-l  -J-J _l : 


4- 


4 


..Jud|a  ana  Clark 
(jllbrfnaricl. 


.^ 


•  Norfollcl. 


*«»««■■  Hmw 


•J^  -^-^^ 


X. 


V. 


113* 


+ 


KRitia.dac  UUnd< 


t 


(3liffUH    tl 


¥ 


'  Bounty  L 


Aat^iode*!*. 


^««».r 


NKW   ZKALAND 

je.itrx'ru^t'tL'^tuty  *M/!l^r?s^     Prepared,  itt  the.    Office,  of  the.   U.  S.  Coast, 
and  ?7  rir  c  2.1*!  and.    Gcociptic-  SvLrvey 


-J  -  -  I      r:r- 


I         i-^=E=mr-- 


77  J.  rHJUccUtAM-tUJL 

Superintendent 


4 


+ 


-1 


»H 


I  I      r-xtrm 


■-..^■.■J,  a,..  ft«.  (!,«»,««.    layUyJ.  <kw.  ftM  1. 


ns*  n» 


- 1 LT—     I  I  .^rrjL 


THt  xmirip  pf  TrH 


NKW    ZKALANI). 


437 


torios,  Isliiinls, ami  (^omitrifs  lyiiiy'  iM-fwccn  tlicOiu'liiiiidriMl  and  sixt.\ - 
sccoml  l)«'nr«'eori<!iist  hoiijfitiKlciUMl  tln'Oin'  Imndnd  iiiHlsrvfiity  lliiid 
l)cyiT«*olVVest  liOii};itiid(',  and  Itctwcen  tliw'riiirty-tiiirdaiid  Fifty  tliii<l 
ruralk'Ks  of  iSoutli  Latitude. 


ITEW  ZEALAND  ACT.  1878. 

[42  VIcl.,  No  4:1.    JikI  NiivciiiliiT.  l«7a.) 

AN  ACT  for  tin;  Protection  niul  Prt'Mcr\  iition  of  Sonla. 

Tic  7'  cnnctcd  by  the  drncral  Assnnhli/  of  \r>r  /enlanil  in  VarlUimnit 
(isneniliifd,  and  b)f  uuthorltii  ttl'  llic  same,  as  /'ollnirs: 

1.  Tlu'  Sli.nt  Title  of  tliis  Act  shall  lie  •'Tin'  Seals 
Kislit'iies  Protection  Aet,  ISTH." 

2.  Seetion  two  of  "The  Protection  of  Animals  Aet 
Anieinlinent  A<'t,  IST"),''  is  hereliy  reitealed. 

3.  No   peison  shall  hunt,  eateh,   '»r  aftein])t  to  eateh  or    kill  seals 
between  the  days  liereinalter  meiiti   iied  (\vhi«'h  inter 


Sliiirt  lillo. 


Ki'pcMl. 


CI 


use      si'MSoll 


riud. 


val  is  lien'in  referred  to  as  "the  close  season"),  that  is 

to  say,  Ix'tweeii  the  lirst  day  of  October  and  the  first 

day  of  June  followinji,  both  ineliisi\e;  and  anypei^on  actin*;'  in  con- 

travi'Ution  of  this  si'ction  shall  forfeit  any  seal  can ;^ lit  l»y  him.  and  shall 

in  addition  thereto  incur  a  penalty  not  ex<'eedinji  tifty  pounds,  and  a 

further  penalty  not  exceedin<>-  ten  pounds  in  respe(!t  of  eai^h  seal  so 

caujj^ht. 

4.  The  (lovernor  may,  by  Order  in  Council,  from  time  to  tiuje  extend 
or  vary  the  time  diirinji'  whi(;h  it  is  prohibited  to  hunt, 
catch,  «»r  kill  seals,  and  may  from  time  to  time  vary  th<'      <;!<>7 -'"'•««" "lay bo 
close  season  so  extemled,  an<l  may  prescribe  that  any 
such  order  shall  take  ellect  in  the  whole  c<dony  or  only  in  particular 
)»arts  thereof,  to  be  detineil  in  such  order. 

.">.   If  he  shall  thiidx  it  necessary  for  the  preservation  of  seals  todo  so, 
the  (lovernor  may,  in  a   similar  manner,  i'xtend    the 
tinu'duriim' which  it  is  prohibited  to  hunt,  catch,  or  kill      i'ii»'"i-y  "'".v  1.0 
seals  over  any  term  not  exceedms''  thriH!  years,  and 
may  at  any  time  befon*  the  expiration  of  any  such  lerm  further  extend 
the  same. 

(».  Any  penalties  im])osed  by  this  Act  for  the  ])urpose  of  proliibitin;;" 
the  eatcliine;  or  kiilinuof  s«'als  diirinu- the  close  season      „     „.     , 

1       11  I        4.  1         ■  1  '  ..1  1  I'nillltl.M    tn    iiliply 

shall  ai>plv  to  such  season,  liowever  tlii^  sauM-  mav  be   km  xt.ii.iid  Mtusmis. 


varied  or  t.; 


n< 


led. 


7.    The  (lovernor  mav,  bv  Order  in  Council,  from  time  to  time  ex- 


clude any  part  of  the  colony  from  the  operati(m  of  this 
Act. 


DIhIi  iris  iiiiiv  Itet'X- 
clmliid  Iruiii  Aut. 


'* 


K£W  ZEALAND  ACT,  1884. 

[48  Vict..  No,  18.     Kitli  XovrmlpiT.  ]xm.\ 

AN  ACT  to  I'roviilc  lor  tlic  Conscrviitioii  of  I'lshcries. 

Be  it  enacted  Itji  the  General  As.s(  inhli/  0/  Xen'  Zealand  in  Parliament 
assemhled,  and  hi/  the  anthority  of  the  same,  as  /'olhnrs  : 

1 .  The  Short  title  of  this  Act  is  "  The  Fisheries  Con-     suon  titi.. 
servation  Aet,  1.S.S4." 


-r 


l-iV 


A'SH 


KORKION    STATI  TKS. 


f     .  t 

The  scvciiil    Acts  lirrniiKlci' iiii'iitioiKMl,  iiiiil   ill)    Acts   piisscil    itt 
i,.,i    iiiiH'iHlmciit   tlu'icnl  respectively,  nvv  lit'ii'liy   iiicoi'ix)- 


Alls     itiriii  |iiini 
Willi  iIiIh  Act. 


rated  witli  tliis  Act,  That  is  to  Hay — 


rpr«iiii».    olo..,    t>s- 
.'lii|iti'<l  ri'iiiii  Art. 


"Tlie  Oyster  Fisheries  Act,  lS(ili; 
"The  Fish  Pnttectioii  Act,  1.S77;" 
"Tlie  Fislieiics  (Dynamite)  Act,  187S;" 
"The  Seals  I'isheries  IMotectittii  Act,  1S78." 

.'{.  Nothiii;;  <-<)iitaiiie(l  in  this  Act  shall  apjtiy  to — 
(1)  Any  pei'son  nsin;>  a  laniliii;;  net  t<i  secnre  fish 
can^ht  with  a  rod  anti  line,  nor  t(»  any 
])evson  nsin;^' Inind  shrimp  net;  nor  to 

(2)  Any  jierson  taking  lish  in  water  of  which  he  is  tho  owner; 

nor  to 

(3)  Any  person  aiithoii/ed  by  such  owner  to  take  flsli  in  such 

water;  nor  to 

(4)  Any  jierson  with  the  written  permission  of  the  Collector  or 

othei' person  duly  autlnaizcd  l»y  the  Commissioner  of  Trade 
and  ('usttnns  to  grant  such  permission,  taking  lish  or  ova, 
or  oysters  or  oyster  brood,  for  the  hona  fitlv  purpose  of 
aacertaiuing  and  verifying  the  existence  or  intrri-asei  ot 
such  lish  or  oysters,  or  of  removing;  them  to  stock  otln^r 
waters;  nor  to 

(o)  Any  nets,  tackle,  or  boats  used,  or  fish  or  oysters  taken  by 
such  i)ers«)n;  nor  to 

(G)  Any  person  who,  having  unintentionally  taken  any  tisli  or 
oysters  contrary  to  the  provisions  of  this  Act,  shall  imme- 
diiitely  return  the  same  with  as  little  injury  as  possible  to 
the  water. 

4.  In  this  act,  if  not  inconsistent  with  tin*  context — 
"Collector'' meansaCollectorofCustoms  or  other 


Iiitcriii'i'tatlon. 


])rincipal  ollitjer  of  Customs  at  any  i>oit. 

"('ommissioiu'r"  means  the  Commissioner  of  Trade  and  Customs. 

"Close  s  ason''  means  the  tinu'  during  which  it  is  ih'clared  un- 
lawful to  take  any  six'cies  of  lisli,  oysters,  or  seals;  and 
ap]»lies  to  such  season,  however  the  sanu'  may  be  varied  or 
extended. 

"Fish"  means  and  incliulesall  lish  and  mammalia  inhabiting  the 
waters  of  the  colony,  whether  indigenous  or  not,  their  yoiiUg 
or  fry  and  spawn. 

"Oysters"  means  and  includes  shore  oystt-rs,  rock  oysters,  and 
mud  oysters. 

"  IM'cscribed"  means  ]>rescril)ed  l)y  this  Act  or  by  regulatituis. 

"Seals"  includes  all  kind  of  seals  an<l  their  yttung. 

"Take"  nu'aiis  and  includes  "kill,"  or  "catch,"  or  "dredge  for," 
or  "raise,"  (»r  "hunt." 

"This  Act  "  includes  the  A«'ts incorporated  herewith  and  all  reg- 
ulations nnnle  tlu'reunder. 

"  Use  "  inchub's  "  attempt  to  use"  or  "  assist  in  the  use  of." 

"  Vessel"  includes  any  ship  oi-  Vesst'l  of  any  tonnage,  construc- 
tion, or  deserii)tion. 

"  Wateis"  means  any  salt,  fresh,  or  brackish  waters  in  the  colony, 
or  on  the  coasts  or  l>ays  theretd",  includes  aitilicial  waters, 
but  does  not  incbub'  waters  the  property  of  any  private  per- 
sou. 


NKW    ZKAI.AXI). 


130 


5.  TIm*  (iovcniMi-  in  Council  iiiav,  tVoni  time  di    nio,     ;ilv(>,  iiitrr,  and 


revoke  r<';;iil:itions  wliirli   sliiili  liavc  I'orrt'  an<l  ciu.i 
only  ill  any  waters  or  idaccs  spccilied  ilicrein — 


ln>\  I'l mil'   iiiiiN    |iii' 

I  I  llir  lr;:iillltliilM  liir 

(1)  i'ro\  idiii"-  I'oi' tlu'  inorc  «'IV('ctiial  |»r(»te«'tion   iif  i'i"i«'ii; ni>ii, 

'    '  ,   .  .      .•  1!    I  1   ii  osMliTs,  anil  Mi'iili*. 

tiiKJ  iinproveuii'iit  ul  llsli,  and  the  inana^^e- 

nieut  ot  any  waters  in  wliicli  fisiiinj;  may  l>e  carried  on. 

(2)  In  rt'speet  of  any  species  of  (Isli,  oysters,  or  seals,  resjH'c- 
tively— 

(a)  I'rescrihin;^'  a  'tIosi'  season"  or  "close  seasons"  in 
any  year,  inontli,  wei;!*,  or  day,  as  may  he  most 
snitalde  tor  the  whoh-  or  any  part  or  parts  of  tlie 
cohdiy,  during  \viii«-li  it  sliall  be  nnhiwt'iil  for  any 
person  to  talie  any  tish,  oysters,  or  seals  of  such 
sju'cies  respectively,  or  in  any  way  to  injure  ordis- 
tiirh  the  same;  or 

(6)  Extendiiij;or  varying  any  chtse  season  so  prescribed, 
or  varying  any  close  season  so  extended;  or 

{c)  Kxteiidin;;'  any  such  close  season  over  any  term  not 
exceedinji'  three  years,  and,  befoic  the  expirati(Mi  of 
siicli  tenn,  further  extendin;;  the  same. 

(3)  rndiibiting  the  buyinjjf,  selliuf;',  exposinj:  lor  sale,  or  havin^iin 

possessi<ui  any  tish,  oyster,  oi'  seal,  or  any  skins,  oil.or  blub- 
iier  from  any  seal,  in  any  manner  in  contravention  of  this 
Act. 

(4)  rrescribing  the  miuimiim  si/e  oi'  weight  of  any  lisb,  oyster, 

uv  seal  that  may  be  taken. 

(5)  Limiting  the  si/e,  when  wet,  of  the  niesh  on  the  s^pian^,  or  in 

extension  from  knot  to  knot  of  nets  and  seines  to  be  ust-d 
in  tishing,  or  altogether  prohibiting  the  use  of  nets  of  any 
sort. 

(6)  Prescribing  that  all  nets  eoiitaiiiLiig  tish  shall  lie  emptied  in 

the  water,  and  prohibiting  the  dragging  or  drawing  on  to 
the  diy  land  any  such  net. 

(7)  Fixing  the  time  or  times  during  which  dredging  shall  be  i>ro- 

hibited,  or  prohibiting  the  use  of  any  |tai'ticular  engines, 
tackle,  or  api)aral us  tor  taking  any  tish  or  oysters. 
(S)   Keserving  from  public  us*'  any  natural  oyster  beds,  so  as  Lo 
prevent  their  destruction. 

(9)  iSetting  ajiait  within  any  harbor  any  bay  or  bays  fre(|ueuted 

by  tish  for  the  purjiose  of  propagation,  and  imdiibiting  the 
use  of  nets  ol  any  kind  in  any  such  bays  during  such  time 
as  shall  seem  lit,  «)r  setting  a|>art  any  river  or  other  fresh 
or  salt  waters  'iir  tln'  natural  or  artiticial  propagation  of 
tish,  oysters,  »>.•  seals. 

(10)  For  the  protection  of  young  tish,  oi-  fry,  or  spawn,  at  all  times, 

andespecially  for  the  presi-rvation  and  propagation  thereof 
upon  its  imp(U'tati<ni  into  the  cohuiy. 

(11)  Prohibiting  or  restricting  IVom  time  to  time,  for  any  period 

which  the(l«)veriior  thinks  nec«'ssary,  fishing  in  any  waters, 
river,  or  stream  in  which  young  lislior  spawn  is  placed  or 
deposited,  or  at  the  mouth  or  entrance  of  any  .such  waters, 
rivei',  or  stream. 

(12)  Prohibiting  the  casting  of  saw  dust  or  any  saw-mill  refuse 

iuto  any  waters,  river,  or  stream. 


■ft 


^' 


410 


FOIJKKSN    S'lArHl'IlS. 


'rin',  (lOvcM'iior  niiiN,  by  siirh  rrjiiiliitioiis.  imi)in»H«'  any  ju'iuilty  iio(  ex- 
(H'cdiiiy  lilty  noiimls.  lo  l)c  rt-fuvcicd  in  :i  siiniiiiary  iiiiiii 
..nvKMiai inns. '''■''''    nt'f  Ih'Tuiv  iiu\  two  or  iinii'«' .lusihcs  ol   tlii>  I'cjm'c.  ami 
also  a  PI  M  till  I  '  iif  iiiiiiiiiiiiiii  i>«'iiall\  t'oi'  tlit>  Itiracli  ol  any 
such  rc.miialioiis:  aiul  allsiicsi  rciiulatlons  >liall  ln' ^a/.t'tlcil.  and  tliric 
upon  shall   \k\  IhikIjii;;  and  •-•mcliisiNc  upon  all  pcisons  as  it  llir  same 
had  ht'cn  contained  in  this  .\r<. 
(».  Any  pcnallics  pii'sciilM'u  ii\  any  sncli  it'unlaf ions  as  aforesaid  lor 
,,     ...     ,         ,     takiiiii.  Iniviiitt-  s««llini;,  «-.>:i>oMiuy  for  sale,  or  hiivins: 
iiM\i(iiii.,i  iins.' .s,;i-    in    possession    iny  hsli,  or  oysters,  or  aii\  seal  or  seal>. 
'*""■'•  diiriii};'  any  cUm*'  s«'asoii  for  the  same  respect  i\  ely,  sinill 

apply  to  siu'li  season  however  tilie  sjiiiie  may  ue  varit'd  or  extended. 
7.   All  fish,  oysters,  or  seals  unlawfully  taueii,  and  any  sUins,  oil.  or 
, ,,  ,     hliihher  from  seals  takt^i  as  aforesaid,  and  the  Itaskets 

I'lsli.  ell.,  anil  lisli-  ^ ,  .        1  ..^1  II  II 

iiii.'  -lai  III  111'   lor    or  otiier  reeeptat-les  tliereoi.  and  also  all   nets,   jicar, 

'" '  tackle.  <»r  otilier  apparatus  iis<*(l  in  any  unlawful  tishiii;; 

(U'  taking'  of  oysters  itv  sea.i.>.  whether  foiimi  on  shore  or  in  an\  vessel 
or  boat,  shall  l>e  forfeit»Hl.a.ml  sliall  he  dispi'>Hee  of  iif*  the  Coinniissi(uier 
uiay  tliiiik  fit. 

S.  It  shall  he  the  duty  of  the  Collectors  of  (iisioms  within  the  ioImiiv  to 
,.  ,,       see  that  the  nrovisioii^  ol     his  .Vet  and  (»f  tiic  sescral 

(   oIll'I'llll'S     ol      (   ll.S-  .         ^         .  '...II  -^1  II  •         1     ■  I-         . 

tiiiiis  to  —■  .\it  car-  Acts  imoiporated  herewitli  arediilv  carrn-d  muM'tlecl, 
rill!  iiiin.it, ■<;.  jj^ikI    (•,,,.  ji,.,,    piij.p,^,!  t),,.\    sexcrally  shall  have  and 

may  exercise  all  the  powers  panted  hy  this  Act  and  the  aforesaid  Acts 
ill  that  Itehalf. 

".•.  The  Coiiiinissioiu'r  may.  from  time  to  rime,  a.ppoint  sueii  aiHwi.st- 
auts  to  the  C^ollectors  and  SI    h     'iier  oflici'is.  .serviiiitH. 

I  riiinii-MoniT   iiia\  i       ii  i  ,       i 

iiiii.iMiiiii.r.Hsar.viiiii  aud  other  perscnis  as  ma\  ...m  ir  to  hiiii  to  l)e  iieccs- 
"'"•  sary  for  the  effective  a4lminisrr;i  ion  of  this  Act  :  all  ol 

whmn  >»lBi.ll,  as  w<'ll  as  the  Collectors  afore.sauL  i»»"  deemed  to  Ite  oHici-rs 
apiwiuMHtl  under  this  .\et. 

10.  Lirresi»ect  of  any  spe<ies  of  tisii.  oysters,  or-^-als,  lespectivelv .  lo 

.  be  afi'ei!tt'(l  therebv.  all  rey;uUiTiii'iis  prescribed  uii«iter 
iiiPiitM  ;ti  -aunuicc  this  Act  shall,  on  tb«*ir  emninj;  aiio  operation  as  to  any 
''""''"''^'  waters  or  place. smiwrsede  rlierein  ,ill  eiiaclmenis  at  \a 

rLuiuH-  wrtitt  such  re.i>ulations  in  st)  fai- as  tl*ey  are  so  iit  variance  but  not 
4artli«T  I*  any  way  whatsoever. 

11.  Nxtiiliiu;:'  in  this  .\<'t  shall  ullow  fish  to  be  tak»-ii  during"  cUM*e  .sea- 
t;.,! ,   i„    s«>u  in  auy  watecH except  for  the  iMirjiHHe  of  pi8ci«ailure. 


WEW  ZEALAin)  ACT.  1887. 

t5i  Viol..  So.::;,   jiu.i  intiiiiIpci-.  ikst.] 
A.N  XC  HI  iiiiiouil  *"nhi>  Fwtai.'i'i(f»  ('(iiisorv.iiiiiii  An,  1884." 


Sf'  It  EtmrU'ti  m  the  iienarnl  Axminhbj  of  S civ  Zeahtutl  iti  Pntlmment 
axsdiihlid.  (xml  hfiv/ic  aiitkttritjf  of  the  Monic,  iis  /'olloics: 

1.  The  siiort  title  of  this  Act  is  '-The  Fisheries  Con- 
servation Act  I.S.St  .\iiieadment  Act,  is.sT." 

'_'.  "The  Fisheries  Coiiseivation  .\ct,  IS.SJ."'  is  herein 
Act  011884.  w'ferred  to  as  '•  the  said  Act,"  ami  this  Act  shall  be  lead 

with  I  he  saul  Act. 


Sliiii'i   litlf 

'I'll  lie  n'ail  u  itii  llii 


AM. 


CANADA. 


441 


'.\.  Tlic  piMi'-ilty  Miiif  limy  bf  iiiipKscd  iiiidrr  (lit-  ]n<t\  Ishnis  ()!' stjctioii 
li\(' »»r  llic  siiid  .'\ct  sliiill.iii  rrsiK'ctol' til*' liiisicli  <>r  ;iiiy 
icjiiiliitioiis  ri'spccliiij;'  sciils.  Ix-aiiy  smii  iiol  rxciM'diii;;-   „,', I!,',';', 'i|,H,Ii,'!.. '"""'' 
(ivc  liiiiidrcd    |ioiiiids.  ;iiid  :i  riiil her  |M'ii;iIty  of  not  cx- 
ct't'diii;"'  twciily  pounds  lorcscry  seal  ill»';;iilly  takt'ii. 

4L  11°  any  ])t'i-s(»ii  shall  be  loiiiid  in  Mic  possi'ssion  of  any  sral,  or  the 
iinniaiiiil'acliiKd  product  of  any  seal,  diniiiii' tlic  rlftsc  r.wM.sshiii  ..r  s,:iIh, 
season,  siicli   pu.s^osioii  sliall,  lur  tin'  purposes  of  said    'i'  .  iiiinn-.  i.isc  s.ii. 

.         ,  1     .1     •  I         ■        1  I  I       .  1  •  41  1  1        ^llll  111  I"     IlKllll    IllllilV- 

Act  and  tins  .\et,  lie  deemed   to  !)»',  in  tlie  al>seiiee  ot    ji.m  i i,"  i,,!,,,,,  m,.. 

Natisfaetory  evidence  to  the  contrary,  snllieieiit   proof  -'"> 

that   >iicli  seal,  or  the  seal  from  whitdi  sneli  iiiiiiiaiuifaetiired  prodiiet 

has  Iteeii  oldained,  has  l)eeii  illenally  taken  diirinji'  t!ie  e-Iose  season. 

~.  Any  vessel  w  boat  tin'  crew  of  which,  or  any  part  of  the  erew  of 
wiiieh.  shall  b(^  enj-aged  in  illej;iilly  takinji  seals,  and  v.«s.u  iimi  ii..;itf 
aiiv  \  essel  or  boat  on  board  (»f  which  anv  seal  so  iUe     tiiui:;iii  in  ni.  .liiiiv 

•!       1    1       1    1  '     1  lilklllH  rtlMl.1  111  |H'  lol- 

fially  taken,  (»r  the  skin,  oil,  idnbber,  or  other  product    tviir.i. 
of  a  Heal  so  ille;;ally  taken,  shall  lie  found,  shall,  to<;'ether  with  the 
lioat'  .  furniture,  ami  apitnrtenances  (d'siich  vessel  or  boat,  i)e  Ibrleited 
to  Her  .Majesty,  and  .shall  be  disposed  of  as  the  (Jommissioner  may 
think  tit. 

(>.  The  olVicer  in  conin,;?;id  of  any  vessel  in  lb  r  Majesty's  navy,  oi"  any 

ollicer  of  < 'ustoins,  or  the  master  (»r  other  person  in      (■„,„, „i,ioiv,.s 

command  (»f  anv  vessel  beloii"iii<;'  to  Iler  Maiestv  in  «'' i"i<'"«i"i-'  i- ii' > 
the  coloiiv,or  wliicii  may  l)e  in  the  em|)lov  ot  tiiedov-  liiiMiiiiiMiit  ;iii<i(  :ii> 
eminent 'of  the  colony,' may,  either  with  or  witiioin  1^^  I'li;' ;;,!;;i'\-;,M;: 
sailors,  marines,  or  jxilice  othcers,  or  such  other  per-  '..iio  icniiitni. 
son  or  persons  as  lie  may  think  lit  to  employ,  enter  upon,  take,  and 
seize  any  vessel  so  liable  t(»  be  forfeited  as  afor.'said,  if  found  within 
the  Jurisdiction  of  the  (ioveinment  of  tiie  (!oloiiy  of  New  Zealand. 

7.   l'"iVery  such  ollicer.  master,  or  person  in  coiiiiuiiml  as  aforesaid,  or 
any  ollicer  of  rustoms  shall,  with  or  without  sailors,      i',,^,.,-  n.  ^..anii 
marines,  or    police  ollicers,  (»r    such  other   i)ersoii    or    vi-<s,is. 
persons  as  he  may  think  lit  to  employ,  have  power  at  any  time,  and 
from  time  to  time,  to  enter  upon  and  search  any  vessel  witliin  the  Jiiiis 
diction  ot'  the  (iovernment  of  tin-  Colony  of  New  Ze.daiid  for  any  seal 
or  the  product  of  any  seal;  and  any  persmi   icfiisin^'  to  allow  such 
search  to  be  made,  or  obstructing'  or  iiii]K' liiij;'  aiiy  such  searcii,  shall 
be  lialde.  on  summary  convi<'tion  of  such  olVense:   l''(»r 
the  tirsl   olleiice  to  be  imprisoned   and   kept  to   liard    ,,';;; ri,','.i^,'i,'.  "'' 
labour  for  any  term  not  less  than  three  nor  more  than 
six  iiKHiths.  and   for  the  second  or  any  sul»-;eipieiit  olleiisc  to  any  term 
nut  i«3ss  than  six  nor  more  than  twelve  months. 


q 


¥^»i 


CANADA. 

[C'1mj)ti-l(».').  l!c\  isiil  SliiliilcM  iil'Ciiiiililil,  18(!fl.] 

AN  A(;i"  ri'B|i()('tiiiK  I'lslicrics  and  FiHliing. 

WriAI.K,    SKAI.,    A.\l>    I'nKl'UlSi;    I'lSIIKIt  Y. 

SFif'TTOx  0.  livery  one  who  hunts  or  kills  whales,  seals,  or  porpoises 
by  means  of  rockets,  explosive  ilislrunieiits,  or  shells  shall  be  liaide  to 
a  penalty  not  exceediiiji  thiee  hundred  dollars,  and,  in  detaiilt  of  pay 
unjuii,  to  imprisonment  for  a  term  not exceediiiy  six  months. 


442 


l-nlii:i(;N    STA'l  IJTES. 


Skc'I'ion  7.  l"'\<'rvMiu'  wlm,  with  lioiii  nr  vi'ssol,  diirinj:' tlu'  tiiiioof 
lisliiiifi'  lor  s»';ils,  UiiM\viiij;l_v  nr  w  ilfiilly  dislmbs.  iiiipcili's,  or  iiijiircs  iiiiy 
stMlcnliii-y  s»'iil  lislnT.v,  <n  prcvfiits.  Iiiiitlcrs.  or  (Vijulitcns  tiic  yliojils  of 
seals  comiii!.  into  sucli  lisluMV.  sliall.  \<r  earli  (»n('ns»',  1»»'  lial)I('  to  a 
penalty  not  exeociiiiij;  sixty  dollar's,  aiiiL  in  ilct'anlt  of  jtayMicnt,  to  ini- 
prisoiinicnt  lor  a  tenii  not  exc^eeiiinji'  one  month:  and  shall  also  be 
lial)!e  to  pay  siieh  damages  as  are  assessed  by  the  fishery  olluer  or 
Jiistiee  of  the  pea(!e  before  \vhoi!i  the  person  injured  complains. 

-.  Disputes  between  oe«Mipieis  of  seal  tisheries  j-oncerninf:'  lindts  and 
the  mode  of  lishint;-  oi-  settinj;'  nets  shall  l)e  derided  sumutarily  by  any 
lisliery  ollieer  or  Jnstiee  of  the  pea<'e.  by  wlimn  arbitrat<ns  nniy  be 
a]>pointed  to  assess  damages;  and  any  dama,i;es  assessed,  or  which 
arise  out  of  a  reiu'tilioii  oi'  continnanee  of  the  ditlicnlty  ')rdered  to  l>e 
rem-'died,  may  be  levied  under  the  warrant  of  any  lishery  ollieer  or 
justic*,!  of  the  i)caee. 


I- 


NEWFOUNDLAND. 


[4'.'  Viil.,  1  :i|i.  I.      Kcliiihirv  '-'-,  l^"!•.*l 


ACT  of  the  Govovninrnt  of  Ncwl'iiniiili;iiiil.  rcsiH'ctiiij;'  llif  I'rosijcutiitii  of  the  Soul 

Fishery. 

lie  it  eniirtetl  Inf  the  (torcnior,  Lrfjishitirt;  Council  <niil  Asscmhhf,  in  Lcff- 
iinhitiri'  Sfssion  cunvtmil.  as  fnllmi s: 

1.  Thoaet  passed  in  fheodth  year  of  the  rejon  of  Her  i)resent  Majesty, 
entitled  *'An  Act  to  reji'ulate  the  I'roseeution  of  the  Seal  Fishery,"  is 
liereby  rejiealed. 

2.  No  steaan'i'  shall  leave  port  for  the  seal  tishery  before  the  10th  day 
of  March  in  anyyeai',  under  the  penalty  of  UjldO  dollars,  t(»  b<'  recoveicd 
from  theowner  or  other  person  on  whose  accduiit  the  steamer  shall  have 
bei'ii  sent  to  the  seal  lisliery. 

.').  No  sailin;;'  vessel  shall  leave  i>ort  for  the  seal  lishery  before  th^^ 
1st  day  of  March  in  any  year,  lunh'r  the  penalty  of  MM  dollars,  to  i»e 
recovered  from  theowner  or  other  person  on  whose  aeeoiiut  such  vess«'l 
Hindi  have  been  sent  to  such  lishery. 

4.  No  seals  shall  be  killed  l»y  the  crew  of  an.\  steamer  or  sailin;;;- ves- 
sel before  the  12tli  day  of  March  in  any  year,  under  a  penalty  of  1  dol- 
lars for«'\ery  seal  so  killed,  to  be  re  ovi'ied  fi(»m  the  owner  or  other 
person  as  aforesaid,  or  from  the  master  or  crew  of  the  said  vessel,  or 
iVoin  the  parties  reeeiviiifj  the  same,  respectively:  I'rnridnl,  In  case  of 
fh«' owner  or  other  person  as  aforesaid,  that  such  owner  or  other  person 
rect'ived  such  seals  with  notice  or  knowled-ic  that  the  same  had  been 
killed  bi'fore  the  iL'th  day  of  March  in  any  year. 

5.  No  immature  .seals,  known  as  cats,  shall  be  killed  by  the  crew  of 
any  steamer  or  sailing  vessel  at  any  time,  under  a  peiialt,\  of  4  <lollars 
for  every  such  seal  so  killed,  to  i»e  recovered  iVoin  the  receiver  of  such 
seals,  or  fnan  tin'  master  ov  crew  ui  any  such  steamer  or  vessel.  And 
it  is  hereby  declar«Ml  a  youn<i'  .seal  pelt  of  less  weight  than  -S  pounds 

■'■ill  be  considered  an  immature  or  cat  seal:   I'roritleil,  That  no  |)arty 
l»arties  referred  to  in  this  section  shall  be  liable  to  the  pemdties  or 


Sim 
or 


'AiiifUdcd  by  act,  Hi  Vict.,  cup.  1,  Maicb  3,  1883. 


ifEWFOtrNDLAND. 


443 


Alios  licrciii  statod  nnloss  it  bo  i)r((v<'ii  tliat  ovoi-  ">  imt  coiit  in  iiiiuiImm' 
of  sciils  takoii  on  board  or  laiulod  IVoiii  siicli  vessol  arc  of  loss  \voi<;lit, 
vdi'h,  than  2S  poniids  aloiosaid.  The  tines  and  jM'iialtios  ini'ntione«l  in 
this  section  to  a])i»ly  to  the  excess  ovoi-  snch  ."»  ]>ci'  ceitt. 

0.  No  action  shall  bo  luoiijiht  by  any  jtorson  to  recovor  aJiy  ponalty 
])rovi<lod  by  this  Act  after  IL'  months  tidin  the  time  snch  |)enalty  shail 
liavo  Itecn  inenrred, 

7.  Nootliccr  <»riler  Majesty's  ('ustoms  in  this  Colony  shall  ch^ar  any 
stoamor  jbia  scaling  voyage  liclorc  the  0th  day  of  March,  or  any  sailin;"- 
vessol  tor  ,1  sealin<>-  Noyaj-o  l)elbre  the  last  day  ol'  Febrnary:  I'mriilctl, 
That  in  the  event  of  either  oi'  these  days  tailing  on  Sunday,  such  ves- 
sels may  be  cleared  (tu  the  i»recedinji'  Saturday. 

S.  All  penalties  inciiired  under  tlie  pi()\  isionsolthis  A<'t  shall  be  sued 
for  and  recovered  in  a  snnnnary  mannei' Ix'forc  a  Stipendiaiy  Ma^^istrato 
by  any  person  \.  ho  may  sue  for  the  same;  one  halt  Of  sindi  penalty  shall 
<;d  to  the  i»arty  who  siiall  sue  for  and  prosecute  the  same,  and  the  re- 
mainder to  the  liecoiver-licncral  for  the  use  (»f  pul>lic  lospitals. 

!>.  If  any  jievsoii  shall  feel  himself  ap'i^riovcd  by  any  judj»nient  of  a 
sti|»endiary  ma;;istrato  under  tiiis  Act,  he  shall  hav<'  lilieity  to  app-ial 
therefrom  to  the  then  next  sittinji of  Ilor  Majesty's  Suprenu'  Court  at  St. 
John's:  I'mrithtl,  That  notice  of  the  same  be  yivon  to  the  maj^istrate 
within  li4  hours  iifter  such  Judj.'inent  shall  liav«'  l»een  delivered  and 
within  five  days  thereafter  ri'ccyiii/ances  or  otluM-  security,  with  or 
without  sureties,  at  the  (tption  o(  such  Mauistrato,  shall  ito  «'ntorod  into 
to  i»ro>e(Ute  the  same  without  delay,  and  jiay  such  amount  as  may  In^ 
awarded,  with  costs. 


ACT  of  tlie  (lovorimieiit  of  N<'wt()iiii(llMiHl,  to  ;mii'iiil  an  Ai-t  i)!iss(>(l  in  llic  iL'iid  yt-ar 
of  tlic  reijiriof  Hit  in'cscnt  Majesty,  cutiMotl  "AiiAct  rcspcciiii;;  tin-  I'rosfcuiiori 
of  tlie  Seiii  I'ishcry."* 


[40  Vict..  <'.  ).     Miiicli;),  lH8:i.l 

TieH  ennctcd  hif  the  Admin islytitor  nf  the  (rorenimnit,  Lff/ishifirc  Cntai- 
cU  and  Asst'iilhli/,  iii  Lni'isldlit'c  Si:ssli)ii  roHrnit'd.  0,s  Jhl loirs. • 

I.  The -ud  anil  .'ht!  sei'tious  of  the  Act  pas.sed  in  the  tl'nd  yeai' of  the 
Ifeifiii  «tf  I  lor  present  Maj»'sty.  entitled  "An  Act  respectinj;'  th<'  Prose- 
<'uti(Ui  of  the  Seal  Fishery,"  are  hereby  repealed, 

L'.  No  steanuT  shall  leave  port  for  the  seal  fishery  l)etbre  tim  hour  ot 
<»  o'oloi'lv  in  the  forenoon  on  the  10th  day  of  March  in  any  yeai',  uiuler 
the  penalty  of  I'.OOO  dollars,  to  be  iccoveied  from  the  (»v  noi'  or  other 
p«'r.son  on  whose  account  siu*h  steanuM  shall  have  been  sent  to  such 
tisliery:  Provided,  That  in  t!io  event  of  tlu'  said  loth  day  of  March  fall- 
injion  Sunday,  any  ste.'imer  may  leave  port  foi'  such  lishery  atany  time 
alter  t»  <»'clock  in  the  forenoon  of  the  previous  day. 

.">.  No  sailinji'  vessel  shall  leave  poit  for  the  seal  lishery  before  the 
lioiu' of  <»  o'clock  in  the  forenoon  on  the  1st  day  of  .March  in  any  year, 
under  the  penalty  of  I00d<tllars,  to  be  rccoveicd  from  the  owner  or  other 
person  on  whose  a<'coinit  such  vessel  shall  h.ive  been  sent  to  such  (ishery: 
I'fnrided.  That  in  the  event  of  tlu'  said  ls»  day  of  March  fallinji  on  Sun- 
day, any  sailing  \  os.se I  may  leave  port  for  sin*h  lisheiy  at  any  tinu'  after 
6  o'clock  in  the  forenoon  of  the  previous  day. 


*  «l 


ij". 


'  rfi* ', 


\dl.  lAX..  p.  .ViG. 


444 


FORi.IOV  STATUTES. 


Act  ul'  the  Govorninout  of  NcwfoimdlaiHl  to  K't'^iilalo  tlio  ProHccutioii  of  tlio  Seal 

i''ishcr.v. 


155  Viet      April.  1W2.] 

lie  it  enaetcd  hy  the  Gonrnor,  the  Ltyishitire  VouuvU,  and  House  of  An- 
semhlif  ill  lj(;<iislntii'v  Session  coitmied,  ds/olloirs: 

(1)  No  stoaiiMT  shall  Icavo  an>  poi't  of  Newtbundhmd  or  its  DeixMul- 
encifs  for  tin*  i)ios('ciiti<»n  of  tlu'  8t'al  Fishery  Itofort'  thv  hour  of  six 
o'i'lock  ill  the  fon'iiooii  of  the  twelfth  flay  of  >lai<'li  in  any  year  nmler 
a  jK'iialty  of  live  thousainl  dollars,  to  be  recovt'i'cd  from  the  niastcr, 
owners,  or  other  person  on  whose  aeeouiit  such  steamer  shall  have  been 
sent  to  siU'li  fislu'ry;  providi'd,  that  in  the  event  of  the  twelfth  day  of 
March  falliiiffon  Sunday,  aii\  steamer  may  leave  jMiit  for  siieh  tishery 
at  any  time  after  four  o'clock  in  the  afternoon  of  the  previous  day. 

(li)  No  seals  shall  he  killed  hy  any  cr<'W  of  any  steamer  or  by  any 
member  thereof  before  the  foiirteeiitli  day  of  March  or  after  the  twen- 
tieth day  of  April  in  any  year,  nor  shall  seals  so  killed  be  bron^iht  into 
any  port  of  this  colony  or  its  dependencies,  as  aforesaid,  in  any  year 
under  pi'iialty  of  four  thousand  dollars,  to  l»e  recovered  from  the  mas 
ter,  owner,  or  other  i)ersoii  on  whose  ac<*oniit  such  steamer  sliall  have 
been  sent  to  such  fishery. 

(li)  No  steamer  shall  proceed  to  the  seal  lishery  from  any  part  of  this 
colony  or  its  depeiid«'nei«'s  on  a  sj'cond  or  subseipieiit  trip  in  any  year 
nnd«M'  a  penalty  of  four  thonsaiul  doHais,  to  be  recovered  from  the 
master,  owner,  or  other  person  on  wlM.'se  account  sin-li  steamer  shall 
have  be<'n  sent  to  such  fisiiery:  i)rovi(l*Ml,  that  if  it  be  shown  to  the 
satisfaction  of  the  «'ollector.  siibcollector,  or  other  customs  oflicer  of  the 
port  from  which  such  steamer  sails  that  ,«'he  has  b(>eii  forced  by  aiiyac 
<'ident  to  return  to  piu't  diirin;i  the  first  trip  she  shall  not  be  deemed  to 
have  ;;'oiie  upon  a  second  snbseipicnt  trip  if  she  leaves  port  before  tlu' 
twenty  fifth  day  of  .March  in  any  year. 

(4)  For  the  purposes  of  this  Act  steamers  which  have  been  on  a  first 
trip  shall  \h'  deeim'd  to  be  on  a  second  or  siii>se(pient  trip  if  they  shall 
enjiii{>;e  at  any  time durin^i'  the  same  year  in  ivillinji  seals  at  any  place 
wifliin  the  Jurisdiction  of  the  SupieiiM'  (Nriirv  of  .N'ewfoundlaiid  after 
nliiriiinji  from  siuh  first  trip.  And  the  master  and  owiieis  shall  be 
liable  to  the  sann'  penalties  as  provided  in  the  third  sectiini  of  this 
Act.  Any  «"(uni>laint  or  information  under  this  section  shall  be  made 
within  three  months  next  after  the  return  of  the  said  steamer  to  a  jtort 
of  thi.*  Island. 

(."))  Sealing  masters  violatinji' any  of  the  preciedinj;'  seetifiiiH  of  this 
act  shall  be  incompetent  for  two  years  after  commic^ion  of  any  ofl'*Mise 
thereunder  to  be  employed  to  commaiHi  steamers  it  the  seal  fishery 
ov  to  be  cleared  at  the  c.;stoin  house  as  niasti-r  of  siu^li  steamers. 

((I)  No  oflicer  of  Her  Majesty's  customs  in  this  colony  shall  clear 
any  steamer  for  a  sealinji  voyajic  before  the  eleventh  day  of  .March 
in  any  year,  ])rovided  that  in  tlie  event  of  the  said  eleventh  day  of 
March  fallinfj;  on  a  Sunday  such  steamers  may  be  cleared  on  the  |ue 
ceilint;  Saturday. 

(7)  Noacti(»ii  shall  be  taken  for  the  penaltie'^  provid<'d  by  the  fourth 
section  after  twelve  months  from  the  time  such  penalty  shall  have  been 
iucurred. 


I 


ttf 


M>, 


m 

i 

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m 

mi 

Wpy 

"'WT 


ifl3\ 


■4! 


THlSWUlK    rfTi«'.   -n      MW>TO'l<'**<        <i«aiM1<1*   X     r     T 


^, 


RUSSIA.  445 

RUSSIA. 

CODE  OF  RUSSIAN  LAWS  GOVERNING  RURAL  INDUSTRIES. 

(Trnnsliitiou.] 
(Vol.  XII,  Pnrtll.    Etlitii.ii  (if  18K6.    .-     IVtorHlnirg.] 

THE    USTINSK    SEALING    INDlSTllY  IN   TIIK   WniTE   SEA. 

Sec.  23M.  The  Uslinsk  iiulustry  consists  in  the  killiii^jor  seals  on  the 
ice  of  the  (lulf  of  Mescnsk. 

XoTK. — Tliii  limitH  of  tbt^  (Jiilf  of  McHriisk,  to  which  tlwsc,  nilrs  api>l\,  arc  de- 
scribed l>\  a  straight  line  riuiuin^  from  Cape  Voroiiof  to  Cape  Kiiuliii,  lhrou};li  tiie 
NoiitlieaHtern  cxtnMiiity  of  tlie  island  Morshovtsa. 

Sec.  2;{t.  The  inanageinent  of  th«'  killiiiy  us  well  as  the  ilivisioii  of 
l»ro<liu-ts  is  h'ft  to  the  hunters. 

Si;<'.  Ii3r».  For  the  purpose  of  (letenniuiufi-  tlie  time  for  hcjiiniiiiij^- 
the  killing  and  to  see  to  the  picseivation  of  orch'r  and  system,  over- 
seers are  selected  every  tlirec  years  from  tlie  followino'  districts  of  tlie 
tov;n  of  Mezen:  Koida,  Nisiie.  Dol};oi  Sht<;hel,  Scmshi,  Ijamposhni,  and 
Karj^'opol.  For  every  twenty  boats  an  overseer  must  be  appointed, 
and  foi'  this  purpose  the  districts  are  condnned  as  follows:  Koida  with 
Nishe,  Dcdgoi  Shtchel  with  Karji.)p()l,  Me/en  with  Semshi  and  Lani- 
])oshni.  If  after  division  by  twenty  l>oats  tenor  more  boats  are  left 
over  a  si)e(;ial  overseer  nnist  be  ajipointed,  but  if  the  nnnd)er  of  boats 
left  over  numbers  less  than  tiv*'  no  overseer  need  b«'  si'lectcd. 

8e<'.  2;U).  The  overseers  assemble  in  the  town  of  .Mezen  about  the 
twentieth  of  March  and  appoint  tlu)  day  when  tht  sealers  ar«'  to  put 
to  sea.  The  day  of  dci)arture  must  l)e  determined  and  publicly  an- 
nounced in  the  townships  named  above  (in  sec.  L*;3."i)  not  later  than  the 
L'ath  of  March. 

Sec.  LJ.'JT.  The  places  ofdei»arture  for  the  Tstinsk  sealing' are  Cai)e 
Abraniof  and  Cape  Ncrinsk,  where  those  desirinj;'  to  enpi^ie  in  sealing 
must  assemble  on  the  a]>pointc(l  day. 

Skc.  1.'.">S.  The  day  ai)i)ointcd  for  dei)arture  for  the  Tstinsk  sealing 
^pounds  from  Cape  Nerinsk  nnist  always  be  four  days  earlier  than 
iihat  set  for  Cape  Abramof,  so  that  if,  for  instance,  the  lOth  day  of 
April  lias  been  set  foi'  Alnamof.  the  sealers  nuist  set  out  from  Nerinsk 
on  the  tith  of  April. 

Sec.  LJ.'Jl).  During  the  contininnice  of  the  hunt  it  isstiictlyfobidden  to 
light  lircs  to  windward  of  tlic  grou]ts  or  haidiiig  gnauuls  of  seals,  or 
to  alarm  them  in  any  way. 

Skc.  J4(I.  Persons  guilty  of  violation  of  tin'  aboxc  ruh's  aic  liable  to 
prosecution  undei' article  .">7  of  the  Penal  Code  for  K'ural  Courts  and  to 
contiscation  of  the  whole  catt-h.  The  boat  to  which  the  violator  of  the 
law  belongs  will  b»'  lu'ld  icsponsible  for  the  penalty  imposed. 

•  ****«* 

THE  FISHING    AND   SEALING   INDCSTRIES    IN   THE   CASPIAN   SEA. 

Sec.  ^\'^.  The  catching  of  fish  and  killing  of  seals  in  the  wateis  of 
the  Caspian  Sea  iiu'luded  in  the  Itussian  lOmpirc,  arr  fr<'('  to  all  who 
desire  to  eiuiage  in  the  same,  except  in  certain  localities  heieafter  de- 
tiiK'd  In  swfion  4.'{!>,  under  observance  of  the  ruh-s  herewith  established. 

*##**#♦ 

Sec.  4.).").  For  the  right  of  lishing  in  the  sea  a  license  fee  will  be 


,¥■': 
# 


*, 


44G 


FOl{i:iGN    STATUTES. 


f  I 


•vli 


'     I  I 


OP 

ill 


<'oI!o<'t<'<l  iVoiii  Oiicli  lioiit  lor  the  iM'iiclit  of  tlir  Iinpfriiil  Troiisnry.     Pn 
the  rij^lit  to  kill  sojils  n  li  tmsc  Ioc  is  collected  tVoiii  ejioli  sejiler,  and  in 
iulditioii  tlie  seiil  oil  slii|)pe(l  IVoiii  the  sen  to  the  Lower  Volf^n  is  siibjeet 
to  ii  lixed  duty  per  pood. 

Skc.  V.W.  The  iiinouiit  of  lietHise  fee  for  tlshing-  siiid  seidiii|i^,  an  well 
as  of  the  duty  on  oil,  will  1m' deteriniiied  by  the  IMiiiister  of  liii|)erial 
Propeily,  suhjeet  to  n'visioii  by  the  Imperial  Comicil. 

Skc.  i;57.  To  defray  the  expenses  of  enforcing  the  rules  herewith 
established,  a  certain  j)ercentaj«e  is  set  aside  from  every  ruble  c<dh'»'ted 
for  the  (lovernment  from  lisliin<4'  and  sealing  licenses  and  duties  on  seal 
oil.     •     •     * 

Skc.  4.{8.  The  IMinisti'r  of  Imperial  I'roperty  is  charjjfed  with  the  forma- 
tion, publication,  and  eidbrcement  of  rules  for  tlu'  pr«»teeti«)n  of  the 
tlshing'  and  sealing  industries. 

Skc.  I'.W.  The  rules  and  regulations  herewith  |)roinulgated  do  not 
alfect  the  following  coastwise  localities:  (I)  The  waters  lying  opposite 
the  shores  of  the  Ural  Cossack  Territory,  for  a.  distance  of  sev«'nty  six 
versts  from  the  west  side  and  of  eighty  eight  versts  from  the  east  side, 
the  catch  of  llsh  ami  killing  of  seals  in  these  waters  being  n'scrved  to 
the  Corps  of  Ui'al  Cossacks,  as  s|)eeifled  in  sections  (!n7  to  (ill  of 
this  code;  (!')  tin'  waters  extending  twenty  tiv«'  vis-sts  north  and 
twenty  live  versts  west  of  Cape  Tuck-lvaragansk,  of  a  surface  area  of 
six  hun  (red  and  twenty  live  square  versts  fr(un  the  (3ape,  which  has 
been  reserve<l  for  the  setthTs  on  the  Manguishlak  Peninsula;  (.'{)  the 
wat4M"s  reserved  by  section  (»12  of  this  code,  to  the  Tersk  Corps  of  (Jos- 
sat'ks  foi-  a  distance  of  seventy  six  versts  from  the  shore;  (4)  the  waters 
south  of  this  tract  to  the  Persian  bimndary  lor  a  distance  (►f  tifty  versts 
from  the  shore. 

NoTK. — If  ill  the  fiitiin*  any  of  the  wjitcrs  Just  iiiiiiictl  slioiild  become  availiililo  for 
frci'  lisliiii^j  anil  limitiiiff.  the  MiiiiHtcr  of  Iiiiiierial  Property  will  issue  ro};iilati;>iiH  and 
pulilisli  the  same  aci'drtlin^ly. 

Sec.  440.  The  administration  of  all  matters  relating  to  fisheries  and 
sealing  industries  in  the  localities  mentioned  in  sei-tions  4;{ii  and  4;{;{  is 
intrusted  to  the  Department  of  Agiicniture  and  Rural  Indnstrii's  of  the 
Ministry  of  Imperial  IMoperty. 

Sec.  441.  The  lo(!al  management  of  these  industries  is  jdaced  in  the 
hands  of  special  bureaus  in  the  city  of  Astrakhan,  under  the  title  of 
"Administration  of  Fishing  and  Sealing  Industries;  The  Committt'e  on 
Fisheries  and  Sealing  Industri«'s,  and  the  Fishery  and  Sealing  Police." 

NoTK. — The  voH.st'ls  of  tlie  Astrakhan  liurcaii  of  Fisliin^-  and  Sealinjj;  Industries  are 
tMititlod  to  carry  a  special  tla^;  and  pennant  to  distinguish  tlieiii  from  merchant 
vessels. 

Sec,  442.  The  Bureau  of  Fishing  and  Sealing  Industries  consists  of  a 
Chief,  three  Inspectors  (one  senior  and  two  juniors),  and  the  necessary 
<'lerical  force.  In  the  absence  of  the  (Jliief  the  senior  Inspector  tfikes 
his  ](lace. 

Se(!.  44.'i.  The  Chief  of  the  Bureau  is  subject  to  Iligliest  Orders  ;  the 
Inspcctorst^)  the  orders  of  the -Minister  of  Imperial  Pr.>pi'rty;  the  other 
ollicials  to  the  Bureau  of  Fishing  and  Sealing  Industries. 

Sec.  444.  The  Bure  ui  stands  in  tlu^  same  relation  to  the  Ministry  of 
Imperial  Property  and  to  the  (lovernor  of  Astrakhan  as  the  Provincial 
Bureau  of  Imperial  Property. 

Sec.  445.  The  Bureau  is  charged  with  the  general  supcnvision  of  the 
enfonuMuenl  of  the  regulations  promulgated  in  sections  432  to  .">9!>  of 
this  Code,  but  if  idrcumstances  should  arise  which  are  not  specially  re- 


IMSSIA. 


147 


fcrred  fo  in  tlieso  r«'{jiiliitions,  iiii<l  (h'tciTcd  iiction  on  wliicli  wrmld  <'iuise 
injury  anil  loss  to  tlic  (iovcrnincnt  av  piiNiiti-  inillvidiiiils,  the  Hnrciiu 
of  Fisliiiij;  sind  Scalinj;'  Indnstrics  may  take  tlic  inrrssary  strps  and 
rcpitrt  to  tlic  (iovt'i'iior  of  Astrakhan,  who  in  his  tnrn  will  immediately 
iLssemldi*  the  Committee  on  I'Mshin;;  and  Sealing  lndusti'ics,tuuct  under 
the  provisions  of  sei-tions  IS(!  and  IS7. 

Sec.  44S.  The  nmeaii  isehar;ied  with  stationiiij;,  thnmji,'!!  its  [nspcc- 
tors,  lightships  and  buoys  to  der«'rmiue  the  limits  of  the  n'served 
waters  belonji;in}i"  to  the  Cori)s  of  Iral  and  Tersk  Cossai-ks. 

Sec.  141).  The  l>iir<^au,  un«ler  lustnictionsof  tin'  Minisliyof  Imperial 
Property,  will  issue  licenses  for  lisliiu'j  or  killiii;;-  seals  (tin  plates  with 
a  number  to  be  atlixed  to  the  bow  of  the  boats  or  to  the  forward  part 
of  the  sleds  used  for  sealinjr  on  the  ice).  The  necessary  blanks,  re- 
ceipts, etc.,  will  be  furnished  by  the  Public  Tieasury,  upon  reiiuisition 
and  statement  as  to  the  uumliei'  re<|uired. 

Sec.  455.  The  Bureau  of  Fishinjjf  and  Sealing  Industries  is  charged 
with  the  collection  offer's  and  tines  and  with  the  sah'  by  auction  of  all 
eontiscated  proj)erty.  If  such  property  has  been  seized  outsidi'  of 
Astrakhan  and  its  shipnu'ut  to  that  place  is  not  convenient,  th<^  local 
fiscal  authorities  nearest  to  tln'  place  of  seizure  may  be  entrusted  with 
such  sale,  in  the  presence  of  one  of  the  oHiciais  of  the  Bureau. 

The  liureau  receives  the  reports  of  the  Police  of  Fishing  aiul  Sealing 
Industries  of  all  violations  of  the  regulations,  and  inaugurates  proceed- 
ings against  ollenders  in  accordani-e  with  the  resjiective  soc^tions  of  this 
Code. 

Sec.  498.  Of  the  three  luspes-tors  of  the  Sealing  Industry  oiu»,  is  sta- 
tioned on  Kulali  Island,  where  the  principal  killing  is  done,  to  enfor(;e 
com])liance  with  the  protective  regulations. 

Sec.  499.  The  principal  duty  of  the  othei-  two  lnspe(!tors  consists  in 
the  collection  of  the  duties  on  seal  »»il  sliipped  to  Astrakhan  tor  trans- 
mission to  the  interior  ]»rovinces  of  Itussia. 

*  *  *  «  #  «  * 

Sec.  535.  The  sealing  industry  is  free  o\  er  the  whole  extent  of  the 
Caspian  Sea  specified  in  section  4."{'J. 

Sec.  530.  The  sealers  may  wintei-  on  the  sealing  grounds,  with  the  ex- 
ception of  the  localities  where  seals  haul  up  for  breeding.  All  who 
desire  to  make  use  of  this  j)rivilege  must  procure  an  annual  licensi^ 

Sec.  537.  The  killing  of  seals  must  i)eb<'guii  by  all  sealers  at  (»ne  and 
the  sanu^  tiim',  and  for  this  puipose  they  will  assemble  at  a  certain 
point  for  consultaiion,  duly  notifying  tlie  Inspector  at  Kulaliiisk  to  en- 
able him  to  be  i)reseiit.  From  the  point  sele-ted  all  sealers  depart  to- 
gether, accompanied  by  the  Inspector,  without  waiting  for  any  who  may 
fail  to  apju'ar  in  time. 

Sec.  53.S.  The  so-called  "driving"  of  seals,  /.«.,  driving  them  into 
stationary  nets  by  shouting  and  discharging  lircarms,  is  prohibited  on 
all  islands  and  coasts  where  the  seals  haul  uj)  for  brei'iling.  At  all 
other  placos  driving  is  permitted,  unless  it  interferes  with  other  fish- 
eries. 

Sec.  540.  The  killing  of  se;ds  in  the  winter,  the  old  as  well  as  the 
young,  or  white  seals  (for  which  the  men  go  out  on  the  ice  with  horses) 


')'■  -Ait,.'  'J 


4  IS 


FOUKKJN    STATIITKS. 


is  lorbidtUMi,  but  on  the  bn-akinj;'  upoltlu'  i<*o,seiil8  iiiiiy  be  killed  fnun 
boats. 


8K(r.  Mi).  F()ikinin{js»'aIsbot()i«>tlH'ii|»|M»iiit«'(l  tiiiMM-aciilMmt  is  IIiumI 
tiftv  rubles  and  tlie  whoh*  «'ateh  eonlisealed. 

Skc.  ")S1.  For  kiliiii^i'  srals  on  Hie  iee  in  tlie  winter  the  ott'ender  is 
lined  two  rubles  lor  caeli  seal  kille<l  and  tla^  whole  ciiteh  is  eouflscated. 

Sec.  ~)S2.  b'or  sceretly  disposlnfifol'seal  <»il,  aiah'vadiufj the  payment 
of  duty  at  Astrakhan,  the  hue  is  three  times  the  value  of  the  oil  thus 
illegally  sold. 

•  •••••• 


URUGUAY. 


P 

'.ii: 


1 1 


letteb  stating  the  contents  of  certain  statutes  of  ubnguat,  by  the  cus- 
todian of  the  archives  at  montevideo. 

United  States  op  Ameuica,  Dei'autment  of  State. 

To  all  to  whom  these  presents  shall  eome,  greeting;: 

I  certify  that  the  document  hereto  annexed  is  a  true  e«»py  from  the 
tiles  of  this  l)ei)artmeut. 
In  testiminy  whereof  I,  John  VV.  Foster,  Secretary  of  State  of  the 
Tnited  States,  have  hereunto  subs<!ribed  my  name  and  <'aused 
|sEAL.|     the  seal  of  the  Departnuiut  of  State  to  be  affixed. 

Done  at  the  city  of  VVashiufjtton  this  secrond  day  of  Auj;ust, 
A.  I).  1S02,  and  of  the  Independence  of  the  United  States  of  America 
the  one  hundred  and  seventeenth. 

John  W.  Foster. 


Senor  Ofk^ial.  Mayob:  Kn  cnmplimiento  <lel  deeretoqueanteeede, 
debo  informar  a  SS".  (pie  la  pesca  i\v  lobos  en  las  islas  de  '<Lobos,'' 
"  Tolonio,"  "Cas^^illos  (Jrandes,"  y  "Coronilla,"  y  las  costas  del  "  Kio 
de  la  Plata"  y  occano  adyacente  a  los  departanu'iitos  de  "Maldoiiiido" 
y  ••Hoclia,'' se  hace  por  eontratistas  cpu'  la  obtienen  pin-  periodos  de 
diez  iifios,  piij;ando  anualmente  al  tesoro  publico  siete  mil  pesos  oro  y 
adeinas  el  <lereeho  departaniental  de  veinte  eentesimos  por  cada  piel  «le 
antibio  y  cuatro  eentesimos  por  arroba  <le  aceite,  que  fue  creado,  asi 
como  su  destino,  por  las  leyes  de  U3  de  Julio  de  1S57,  y  2S  de  Junio  de 
lsr).S  ((Jaraira,  tomo  1,  pagiiuis  -Ufiy  4<SS,  coleccion  de  leyes).  Kl  Estado 
les  jiarante  A  los  <'ontratistas  el  trancpiilo  ejercicio  de  la  industria,  no 
pei'mitieiulo  el  arril)o  a  diehas  islas  de  butpies  de  nin^un  jjenero,  ni  la 
construci'ion  deobrasquepudieran  ahuyentarh)S.  Las  faenasem|)iezan 
el  primero  de  Junio  y  terininan  el  15  de  Oc-tubre.  (Demeto  de  17  <le 
-Mayo  de  1870,  pagina  1 4<S0  de  la  Les'islacion  Vicente,  [»or  Goyena.)  Es 
euanto  tiene  que  informar  el  bifraserito.  Dios  guarde  a  SS".  m".  a". 
(Firnnido)  Arturo  E.  Gonzalez,  Encargado  <lel  archivo.  Montevideo. 
Abril  2  de  1892. 

Es  eopia  conforme. 

OSQAU   llOUDKXANA, 

OJt.  Mayor. 


JAPAN. 


449 


[Traniilatinn.] 

Mr.  CfirEP  ri,EUK:  T  have  to  iiilonn  yon,  in  (wnpliaiico  witli  the 
foropjiiifj  (IccrtH',  that  Hit'  taUiiif,'  of  si-als  on  tin'  islainls  calltMl  Lobos, 
rolonio,  IJastillos  (rrainles,  and  (Joioiiilla,  on  the  coasts  of  tho  K'io  <lo 
la  Plata  and  in  tlnit  part  of  tln>  ocean  a<i,iac«Mit  to  tin'  l)c|»;irtnn'iit.s  of 
Maldonado  ami  Roclia,  is  done  by  contractors  wini  obtain  their  (Con- 
tract for  ptMiods  of  ten  years  each,  paying  aninially  into  the  pnlilic 
treasury  seven  thousand  dollars  in  iioU\,  and  also  the  dCpait  mental  duty 
of  twenty  <'ents  on  each  seal  skin  and  four  cents  <m  ea«'h  arroba  of  oil. 
This  duty  was  established  (and  provision  nnnle  for  the  object  to  which 
it  was  to  b«'  applie<l)  by  the  act  of  .Inly  L'.'hd.  IS.*»7,  and  that  of  .June 
2Sth,  IS'iS  (Cnraira,  vol.  1,  paj,'es  410  and  4SS,  |)i;.(.st  of  Laws).  The 
State  {guarantees  to  the  contractors  that  they  shall  carry  on  their  in- 
dustry without  molestation.  It  does  tiot  permit  vessels  of  any  kind  to 
am-hor  olt'auy  of  the  said  islands,  and  does  iu)t  allow  any  works  to  be  c(m- 
8truct«Ml  that  inifjht  frijfhten  the  sealsaway.  The<'atcli  be;;ins,hine  1st 
and  ends  October  I'tth.  (I)ecreeof  May  17th,  IS7(»,  pa;ie  1  tS(hif  ''Laws 
now  in  Force,"  by(ioyena.)  This  is  all  that  the  undersigned  has  to  com- 
municate. 


God  jj;uard  you  many  years. 

(Signed) 


Montevideo,  April  2d,  I80:i. 


A  true  copy. 


(Si-iu'd) 


Artuko  E.  Gonzalez, 
Custodian  of  the  Arvhicea, 


OSCAB  UORDENANA, 

Chief  Clerk. 


JAPAN. 

Kxtract  from  the  regulations  numbered  sixteen  of  the  serenteenfh  year  of 

Meiji  fJf^Sr,). 

',I'p>iuiilguU'<l  on  Uio  "J.liil  of  May,  188.'),   l>y  llic  Miiiistur  of  Stato  I'cir  Ai;iicnUuro  ami  Cotuineitr.] 

[TraiiNlalion.] 

•  ••***• 

Sec.  14.  Hereafter  the  huntinj,'  and  killing  of  seals  and  sea  otter  in 
the  Hokkaido  (Vesso  and  the  islands  to  the  north  belonging  to.Ia|)an), 
except  as  hereinafter  provided,  is  prohibited. 

Any  person  who  shall  be  convicted  of  a  violation  of  this  regulation 
shall  be  punished  in  acc<M'dance  with  tlu'  t<'rn>s  of  Section  .'571-'  of  the 
Criminal  Code,*  and,  in  addition,  the  skins  or  other  fruits  of  smh  un- 
lawful hunting  shall  be  summarily  contiscated.  Tf  such  skins,  etc.,  shall 
have  been  sold,  the  ottender  shall  be  liable  to  the  paynu-iit  of  a  tine 
e4iual  to  the  total  amount  received  ther«'for. 

The  Minister  of  State  for  Agriculture  and  Conunerce  shall  be  em- 
powered to  grant  to  such  persons  as  he  nuiy  deem  fit,  and  tor  such 
compensation  as  may  be  determined  upon,  the  exclusive  privilege  of 

*S«!ction  372  of  the  Ciimiuiil  Code  has  n-fercnce  to  the  tholt  of  Htnndinjj  crops, 
grtiin,  veiretahleR,  etc.  It  provides  a  mininiitui  )tiiniHliiii(>iit  of  one  mouth's  uud  a 
uiuximum  pnaishmeut  uf  one  year's  iiiiprisoiiiuuut  at  hard  labor. 

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FOHKKiN    .STATITKS. 


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lnuifiiiijsciils  jiiid  s(>;i  otttT  ill  Mic  Hokkiiido.     And   in  such   case,  i'.iv 


provisions  ol'  tln'  ro'.Tj>oinj 
A  true  translation. 


|MM>liil)ition  sliiill  not  iipply. 


I).  W.  Stkvkns, 

t'oKHNvllor  of  l,(y<itioii. 


GREAT  BRITAIN  AND  CANADA. 

A  BRIEF  SUMMARY  OF  THE  LAWS  OF  THE  UNITED  KINGDOM  OF  OREAT  BRITAIN 
AND  IRELAND  AND  OF  THE  TOMINION  OF  CANADA,  RELATING  TO  THE  PROTEC- 
TION OF  GAME,  BIRDS,  A.:D  FISHES. 

Over  one  liinidred  statutes  liave  been  enacted  by  tlic  Piirb'ameuts 
of  ( Ilea t  Britain  and  ('aiiada  duriu}»'  the  last  two  eenturies  lor  the 
protection  of  };iiine,  wild  birds,  and  Hslu's.  For  convenience  of  treat- 
UUMit  these  statutes  may  be  divided  into  four  fiioiips,  as  follows: 

First,  those  which  are  desi<jned  to  i»i'oinote  tli«^  regular  l)reedinj''  of 
these  wild  creatures  by  tiieestablishnient  of  annual  close  seasons,  pub- 
lic breedinj;-  grounds  and  hatcheries,  and  other  methods. 

Second,  tin »se  statutes  which  prohibit  their  destruction  by  the  use 
of  wasteful  or  dangerous  methods  an<l  iiistruinents. 

Third,  those  statutes  which  limit  the  number  of  persons  authorized 
to  hunt  and  kill  tiicm  by  the  establishment  of  license  systenis. 

Fourth,  those  statutes  which  prescribe  the  methods  by  which  such 
protective  regulaHons  shall  be  enforced. 

i.  At  tlie  present  time  in  FiUgland  tiiere  are  statutes  in  force  prescrib- 
ing a  close  season  i'ov  all  kinds  of  birds  and  freshwater  fish,  for  nearly 
all  kinds  of  game,  ami  for  many  marine  tish.  The  g;une  laws  of  ICnglaud 
arc  of  very  ancient  origin,  but  down  to  JS('»!)  there  was  no  time  of  year 
duringwhich  it  was  unlawful  to  kill  birds  not  included  in  thedameActs. 
In  conse(pu'iiceol  the  great  decrease  of  s(ni  birds  by  their  being  killed  dur- 
ing tin  'n'ceding  season,  "The  Sea  Birds  Preservation  Act"'  was  passid 
in  18(50,  which  established  a  close  time  lasting  tour  inontlis(ApriI  1-Aug. 
1)  for  thirty  thr«'e  distinct  si>ecies  of  sea  birds. 

In  l.STli  and  1S7(>  similar  statutes-  were  passed  for  the  ]»r(>tection  of 
wild  land  birds.  Eighty  different  species  of  birds  were  iiH'ntioned  in 
these  acts,  and  a  close  season  of  five  and  a  half  months  prescribed  for 
them. 

In  18S()  "The  Wild  Birds  Protection  Act"'  was  passed,  which  repealed 
the  three  acts  above  mentioned  ami  prescribed  one  uniform  clos»^  season 
lasting  from  March  1  to  August  1,  for  all  birds  whatsoever,  in  evi'ry 
part  of  the  (Jnited  Kingdom.  ITiuler  this  act,  which  is  in  tbree  at  the 
present  time,  it  is  unlawful  during  the  close  time  prescribed  "to  shoot 
or  attempt  to  shoot  any  Mild  bird;  or  to  use  any  boat  for  shooting  or 
causing  to  be  shot  any  wihl  bird;  or  to  use  any  lime,  traj),  snare,  or 
other  instrument  for  taking  any  wild  bird."''  It  is  al8(»  illegal  under 
this  act.  as  in<tdilied  subsequently,'''  to  sell  or  to  have  in  one's  poasessi<ui 
any  wild  bird,  unlawfully  killed  during  the  close  time,  between  INIarch 
15  and  August  I.    Provision  is  also  unule  in  Secti(Mi  (i  for  the  trial  of 


'32:iml83  Vict.,  p.  17. 

"35  Jiiid  3(i  Vi<t.,  c.  78;  3!)  iuul  40  Vict.,  c.  29. 

^43  and  41  Vict..  <•.  3."). 

<Sw.  3.     See  Siiiii)lciiu'nt  to  Oko's  "Gumo  Laws,"  3d  Edit.,  page  7. 

0  44  aud  45  Viet.^  c.  51. 


I  » 


GREAT    BKITAIN    AND   CANADA. 


451 


offi-,ticesa}iijinst  tlio  jictroinmittcii  on  tlic  llijuh  Sraswitliiii  tlu^  Jiirisdic- 
■i'um  oftlic  Admiralty,  iMMiiciit  ion  bj^rifj  miulo  of  any  limit  to  Miis  Jiiri.s- 
dic'ioii.  ruder  Sci'tioii  .S  power  is  .<;iven  to  tlie  llomeO.lice  to  ext«',iid 
or  vary  the  elose  .season  for  partienlar  localities  under  eeitaiii  eireum- 
stant'cs. 

IJndiM' the  ])resent  lisliery  laws  of  the  United  Kinj-doni  and  Canada 
close  si'asons  are  lU'escribed  for  nearly  all  kinds  <>f  lisli.  i>y  tlie  Sidmon 
Fishery  iVcts  of  ISdo,  IST.'S,  and  1.S7(»'  close  seasons  auMlcsi^nated  lor 
s.ilmon,  trout,  andcha-,  and  for  all  otiierkinds  of  freshwater  iisli  (which 
prior  to  1S7.S  niif-ht  be  caught  IVecly  at  all  seasons  of  the  year)  by  the 
Freshwater  I-'isheries  Act  of  187cS.^  Tiieaetof  IST.T' fiirthiM'  protects 
the  salmon  in  rivers  by  forbidding-  all  perscuis  from  lixinj;'  any  baskets, 
nets,  traps,  or  <levi<'es  for  takinj;- eels  in  a  salmon  river  between  .Ian.  I 
and  .hiiH^  li4,  and  from  idaelnfjany  wheels  <u' leaps  Ibr  takin;;'  laniperns 
between  March  1  and  Auj;ust  1. 

I»y  the  Itevised  Statutes  of  Canada  (IHSG)  close  seasons  are  i)rescribed 
for  certain  tish,and  authority  is  conferred  upcui  the  (loverncu'  in  Council 
to  prescribe  such  close  seasons  for  others.''  IJy  reference  to  the  acitom- 
]»auyinj?  table  of  close  seasons  the  nature  au(l  extent  of  the  dirU^icnt 
ci(»se  seasons  now  in  force  in  the  United  Kingdom  of  Oreat  Britain  and 
Irelaml  and  the  Dominion  of  Canada  can  be  readily  ascertained. 

In  both  ('(uintrii's  the  laws  forbidding  the  killin<;' of  game  and  fish 
during  Ww,  closer  seasons  are  further  enforced  by  other  laws  prohibit- 
ing all  persons  from  dealing  in  the  forbidden  articles  or  h.ving  them 
in  their  possession  during  snch  ch)se  seasons.'' 


Tabic  of  Close  Sfaaons  for  Game  and  Wild  IJirds  now  in  force. 


binl. 


liliirk  fjiiiiK' 

liiisliird,  III- Wild 
Tmkoy. 

OiMT  (iiiaii^l 

nciMd'iilliiw) 

Onmst) 

'  narexaiiilUaWbitH 


Uoatli  fowl 

•  PartiidKr 

Do.. ... 

Do 

.  I'lH'a.-<Miit 

Do 

Do 

Quail 

Do..    

All  kiiidn  of  wild 
bii'd.s. 


Naiuc  ol'  country. 


ITiiltert  Kingdoiri. 

(  Kiijllaiid 

)  Dcland 

do 

do 


Close  scaHoii. 


Dec.  10  to  Alls.  20 

Mar.  1  to  Sp|)t.  1 

.Fan.  KIto  Sept.  1 

,lniie  Kilo  Oct.  -M 

Mii'Ii:i<'lnia.slo.Jiiii(-20.. 


t'nilcd  Kingdom I   Dec.  lllto.Viis.  fj. 


On  niiiorlaiidH  :ind  iinln- 
closi'd  land.s.  Aiir.  1  to 
Dri'.  11). 

Dm;.  10  to  Any.  '2U 

I'Cl).  1  to  Sept.  1 

do 


Scotland 

Kiijiiand ; 

Scotland 

Iridand ' do 

Kii^laiid ;   l-'cl».  1  to  Oct.  1  ... 

Scoilund do 

liciiind do 

Knylaiiil  and  Scotland.    Mar.  I  to  Aug.  1  .. 

Ireland Ian.  10  to  Sept.  20 

United  KinK<l<>ni Mar.  1  to  Aug.  1.. 


Slatnfcs 


1  and  i;  Wni.  IV.  c, :)'_'.  Sec.  :). 
/I  and  2  Win,  1\',  c.  HL',  .Sci'.  li; 
S     (i jic  111,  c.  :).">,  Sec.  4. 

>10  Win.  Ill,  (^  H,  Sec.  «. 

1  and  2  Will.  IV,  c.  :r.'.  Sec.:(. 
4U  and  4+  Vict.,  c.  47.  Sec.  1. 


i:t  (Jeorye  III,  e.  r,i.  Sec.  1. 

1  and  2  Will.  IV,  c.  ;12,  Sec.  a. 

KMieoiKc  III,  <:.  ni.  Sec.  1. 
.1  1(7  (ieorjic  III,  c.  21,  Sec. 2. 
.!   1  and  2  Win.  IV,  c.  ;)2,  ,Sec.  I). 
.1   Killeorye  III,  c.  .-|4,  Sec.  1. 
.1  2Hiind  20  Vict.,  c.  .->4. 
.,  4:1  and  44  Vict.,  c.  :!.■>.  Sec.  ;t. 
.1  U7(ieoiKe  III,  c,  21,  Sec,  2. 
.1  4;i  and  44  Vict.,  c.  ;i,-),  .Sec. 3. 


*&'»  I'i 


1 28  anil  2!)  Vict.,  c.  121;  36  aud  37  Vict.,  c.  71;  39  and 40  Vict.,  c.  19. 
HI  and  42  Vict.  c.  39. 
»m  and  37  Vict.,  c.  71,  Soc.  15. 
^R.  S.,  (!.  9.5,  Sees.  8-12,  Iti. 

n  aiul2  Wui.  IV.,  c.  32,  Sec.  4;  41  and  42  Vict.,  c.  39,  Sec.  11;  43  aud 44  Vict.,c.  35, 
Sec.  3;  R.  S.  of  Canada,  c.  95,  Sec.  12. 


452 


!l:  "f    > 


m 


1 .1 

1 

it 


iff! 


FOREIGN   STATUTES. 

Table  of  Closv  ScttHons  for  Fish  now  in  force. 


Name  of  HhIi. 

Name  of  country. 

Close  aeason. 

Statutes. 

Bass 

Ontario  and  Quebec. . . 

Apr.  15toJuuol5 

B,y  Governor  in  (Council  undiT 
Kevised  Statutes,  c.  95,  Sees.  11, 
16. 

28  and  29  Vict.,  c.  121,  Sec.  04. 

Clinr    

England  and  Wales... 
do 

Oct.  1  to  Feb.l 

Frcsliwntor    flsli 

Mar.  15  to  June  15 

"The  Freshwater Fislieries  Act, 

(oxr('|it  iioUcn, 

1878, "  40  and  41  Vict.,  c.  39,  Sec. 

trout. iiuili'liiir.) 

11. 

Jiei'i'iii""    

West  coast  of  ^Scotland . 

Day  fishing  prohibited 
between  June  1  and 

"The  Herring  Fislieries    (.Scot- 
land) Act,  1889,"  52  and  53  Vict. 

Oct.  1. 

c.  2:).  Sec.  5. 

By  (lovernor  in  Council,  under 
R.  S.,  <•.  95,  Sec.  16. 

cipiist),  Nova  Scotia 

(west  coast). 

Do 

New  ItruiiHwicU  (nortli 

Aug.  20  to  Apr.  20 

(See  Statistical  Record  of  Canada, 

coast),  Nova  Scotia 

1886,  p.  326.) 

(north   coast),  Que- 

Oysters 

>fc\v  r.riinswlck.  Xova 
Scotiii.    I'rinci^    Kd- 
waid  Island.  (JucWci'. 

Juno  1  to  Sept.  15 

Do. 

Pickerel 

Miinitolia,      Ontario, 

Apr.  15  to  May  15 

(See  Statistical  Record  of  Canada, 

Quclii'c. 

1886,  p.  326,)  and  R.  S.,  i;.  95,  Sec. 
11. 
44  and  45  Vict.,  c.  66. 

Pollon 

Iri^'iiiid 

Nov.  1  to  Jan.  31 

Salmon 

rnitcil  Kingdom 

Sept.  1  to  Feb.  1 36  and  37  Vict.,  c.  71,  Sec.  19. 

Do 

Quebec 

Aug.  1   to   May  1   (net 

fishing)  ;Seiit.  1  to  May 
1  (angling). 
Aug.  15  to  Mar.  1   (net 
fishing). 

Revised  Statutes  of  Canada,  c.  95, 

Do 

>iova  Scotia 

J    Set'.  8.     (.See  Statistical  Record 
of  Canada,  1886,  p.  325.) 

Do 

Xew  lirunswick 

Sept.l5toKeli.  1  (angling) 

Sea  ba.sh 

....do 

Mar.  1  toOct.  1 

Bv  Governor  in  Council,  .inder 
R.S.,c.95,  Sees.  11,16. 

Smelts 

Xew  lirunswick,  Nova 
Scotia. 

Apr.  15  to  May  15 

Do. 

( 

Xcw  lirunswick 

Aug.  Ill  toMavl 

Do. 

Sturgeon < 

Manitoba,  and  North- 
west Territory. 

May  1  to  June  15 

Do. 

Trout 

Kngliind  and  Wales  ... 

Oct.  1  to  Fel).  1 

28  and  29  Vict.,  c.  121,  Sec.  64. 

Trout  (liiook) 

Ontario  and  (Jucbec... 

Se|)t.  15  to  Jan.  1 

] 

Trout  (siieckled)? 

Ontario 

I'rincc  Kdwaiil  Islam'. 

Sept.  15  to  .May  1 

Oct.l  to  Dcc.i 

R.  S.,  c.  95,  Sec.  9. 

liest  of  ('anada 

Oct.l  toJau.l 

In  addition  to  tlie  general  fishery  acts  wliicli  have  been  passed  atdif- 
erent  times  by  I'arliament,  special  acts  pre.scribinj>'  regulations  for  par- 
ticular counties  or  rivers  have  been  enacted  from  a  very  early  period. 
Instances  of  such  at^s  are  the  statutes  of  4  Anne  and  1  George  I,  for 
"The  Preservation  of  Saluum  and  other  Fish  in  the  Counties  of  South- 
ami)ton  and  Wilts  "  (amended  by  37  George  III,  c.  95);  and  the  statute 
of  18  George  III  for  "the  better  Preservation  of  Fish  and  Kegulating 
the  Fislieries  in  the  Rivers  Severn  and  Verniew."' 

Under  this  first  setition,  in  the  general  division  of  the  subject,  may 
be  cited  the  foHowing  Biltish  and  Canadian  statutes,  \7hich  have  for 
their  object  the  prevention  of  acts  prejudicial  to  the  processes  of  breed- 
ing of  game,  birds,  and  fish,  viz: 

That  whitih  prohibits  the  taking  of  the  eggs  of  any  game  bird,  swan, 
wild  duck,  teal,  or  widgeon.' 

Tliat  which  prohibits  the  destruction  of  either  the  eggs  or  nests  of 
any  partridge,  pheasant,  grtmse,  quail,  duck,  or  other  wihl  fowl.' 

That  which  imi)o.ses  a  penalty  upon  any  one  who  shall  buy.  .'■idl,  or 
have  in  his  ])()ssession  any  salmon,  trout,  or  char  roe,  or  who  siiail  use 
any  kind  of  fish  roe  as  bait.* 


«  Oke'H  "Fishorv  Laws,"  pp.  31,  32. 
n  aiKl  2  Win.  IV.  c.  32,  Sec.  24. 
'10  Will.  Ill,  c.  S,  Sec.  H. 
<24  aud  25  Vict.,  c.  109,  Sec.  9. 

4 

\ 

1 

! 
1 

GREAT   BRITAIN   AND   CANADA. 


453 


That  wlnVli  forbids  the  taking?  of  young  sahnoii;' 

Or  catching  uv  disturbing  sahiion  when  spawning  or  near  the  spawn- 
ing beds.'' 

Or  interfering  with  the  free  passage  of  .^ahnon  up  a  river. ' 

Or  placing  a  device  in  any  non-tidal  water  to  obstruct  any  flsli  de- 
scending the  stream.'' 

That  which  prohibits  the  taking,  buying,  or  selling,  or  having  in  pos- 
session pollen  less  than  eight  inches  in  length.'* 

The  Revised  Statutes  (1880)  of  Canada  provide — 

That  no  salmon  of  less  than  three  pounds  shall  b(!  caught  or  killed. " 

That  no  salmon  shall  bo  <'aptured  within  two  hundred  yards  of  the 
mouth  of  any  tributary,  creek,  or  stream  which  salmon  frequent  to 
spawn.^ 

That  no  one  shall  catch,  buy,  sell,  or  possess,  the  young  of  any  tish 
protected  by  the  statutes." 

Tiie  Report  on  the  Fisheries  Protective  Service  of  Canada  for  1889 
(pp.  8,  10),  recommeiuls  the  passage  at  an  early  date  of  similar  laws  to 
check  the  dej^letion  of  the  lobster  and  mackerel  fisheries  of  Canada. 
The  establishment  of  vAokd  seasons,  and  the  adoption  of  stringent  laws 
against  the  destructioL.  of  spawn  and  young  tish  are  strongly  urge<l. 

An  extensive  system  of  hatcheries  for  the  artiticial  breeding  of  Hsh  is 
maintained  by  the  Canadian  (lovernment.  At  these  hatcheries  there, 
are  raised,  by  artificial  processes,  salmon,  white  tish,  salmon  trout, 
brook  trout,  pickerel,  black  bass,  and  (since  1891)  lobsters."  Kxjieri- 
ments  have  re(!ently  been  begun  with  great  suc(!ess  in  the  artificial 
breeding  of  cod  and  oysters.'"  The  gross  output  of  young  fish  from  the 
thirteen  public  hatcheries  of  Canada  for  the  year  1890  was  90,213,000, 
and  the  number  of  eggs  of  fresh  and  salt  water  fish  placed  in  the  incu- 
bators, 144,613,000;  while  the  total  number  of  young  fish  turned  out  of 
the  hatcheries  into  the  waters  of  Canada  since  the  inception  of  artificial 
fish  culture  by  the  Government  in  1808,  is  799,757,900." 

As  the  result  of  the  fostering  care  thus  exercised,  and  other  causes, 
the  total  export  product  of  Canadian  fisheries  increased  during  the 
fifteen  years  succeeding  that  date  (1808-1883),  from  $3,357,510  to 
!ii!8,809,118.>2 

II.  Xext  in  order  of  treatment  are  those  statutes  which  have  for 
their  object  the  prevention  of  wasloiul  and  destrut'tive  methods  of  kill- 
ing game,  birds,  and  fishes.  In  this  group  may  be  placed  the  IJritish 
statutes  forbidding  poaching  by  night,  either  cm  private  land," '  or  on  the 
public  highways;'^  also — 

Those  which  prohibit  the  jdacing  of  poison  in  exposed  places,'Mor 

'  Ibid.,  Soc.  15. 

2 Ibid.,  Sec.  IG. 

».%  and  37  Vict.,  c.  71,   Sec.  ]6. 

Mbid.,  Sec.  15. 

«"Tlie  Polb'u  Fisheries  Act,  (Ireland)  1891,"  54  and  55  Vict.,  c.  20,  Sec.  3. 

« R.  S.,  c.  95,  See.  8. 

'Ibid.,  Sec.  8. 

"R.  S.,c.  95,  Sec.  14. 

•KejMjrt  of  the  Snperintendent  of  Fish  Culture  for  the  Dominion  of  Canada.  1890, 
pp.  7-9. 

•"Keport  of  the  Snperinteudeut  of  Fish  Culture  for  the  Doiniuiou  of  Canada,  188P 
pp.  75—81. 

"Ibid..  1890,  pages. 

'-.loliuson's  Graphic  Statistics  of  Canada,  1887,  page  4. 

"10  Wui.  Ill,  c.  8,  Sec.  1(5;  27  Geo.  Ill,  c.  35,  Sees.  4,  5;  9  Geo.  IV,  c.  69;  11  and  12 
Vict.,  c.  29,  Sec.  5. 

'<7  and  8  Vict.,  c.  29. 

»n  and  2  Wui.  IV,  c.  32,  Sec.  3;  11  and  12  Vict.,  c.  30,  Sec.  4;  26  and  27  Vict.,  c. 
113,  Sec.  3 


^^ 


4r)4 


FORKION   STATUTES. 


W.  i 


:;:'  it 


!l"M|lj. 


V- 


the  purpo.s«^  of  catcliiiig  game,  aiul  the  sale  of  poisoned  grain,  seed,  or 
meal  for  any  purpitse.' 

Those  statutes  wliieh  |>roliil)it  the  use  of  poison,  lime,  anduoxious  sub- 
stiineesfor  the  Ivilling  of  freshwater  tish,-' and  tiie(lis(^hiirg<'i  of  substances 
inlo  salt'  or  fresii  water  sueh  as  would  be  likely  to  injure  marine  or 
river  lish.' 

The  English  "(rround  Game  Act,  IHSO"''  prohibits  the  general  use 
of  spring  traps  for  catehiug  ground  game,  and  limits  narrowly  the  num- 
ber of  persons  authorized  to  kill  such  game  with  firearms. 

"The  Fisheries  (Dynamite)  A<*t,  1877""  prohibits  the  use  of  dynamite 
and  other  explosives  for  the  cat(!hiiig  of  fish  in  a  publie,  ftsiiery,  and 
'•The  Freshwater  Fisheries  Aet,  1878,"  extends  this  prohibition  to  private 
waters." 

In  the  Dominion  of  Canada,  the  use  of  exjdosive  instruments  in  the 
hunting  of  wlndes,  seals,  and  pi>rpi)ises  is  fin-bidden  by  statute;"  and  n. 
bill  has  been  introdueetl  into  the  ( 'anadian  House  of  Comuums  this  pres- 
ent year,  by  the  Minister  of  Mariiu^  ami  Fisheries,  extending  this 
l>rohibition  to  all  other  kinds  of  flsh." 

Those  statutes  have  a  similar  object  which  prohibit  the  use  of  nets 
of  less  than  a  certain  siz«',  in  order  to  prevent  the  needless  destruction 
of  tish  too  small  for  consumption.'" 

Other  statutes  prohibit  the  use  of  nets  altogether  in  certain  cases, 
either  directly  or  through  the  instrumentality  of  a  Fishery  Board," 
especially  in  localities  wliere  they  would  interfere  with  the  breeding  of 
the  ttsh.'^ 

The  British  Salmon  Fishery  Acts  prohibit  the  taking  of  salmon, 
trout,  or  char  by  means  of  lights,  laths,  jacks,  wires,  snares,  spears, 
gatfs,  strokehalls,  snatches,  and  other  like  instruments." 

The  use  of  fixed  engines  for  taking  salmon  is  also  forbidden,"  as  well 
as  the  breaking  of  dams  ov  tlood-gates  with  the  intention  to  take 
salmcni  or  other  fish.''* 

To  protect  clam  and  other  bait  beds  from  injury  another  act  empow- 
ers the  British  Board  of  Trade  to  restrict  or  prohibit  the  use  of  the 
beam  trawl  for  any  assigned  period.'^ 

The  history  of  British  legislati(m  on  the  subject  of  the  protection 
of  sea.  fisheries  is  instructive.  Thirty  years  ago  these  fisheries  wer«i 
regulated  by  an  elaborate  syst<'m  of  protective  measures  wiiich  were 
all  substantially  repealed  in  1808  upon  the  recommendation  of  a  Royal 
Oommissicm.  Owing  to  the  unrestricted  fisliing  in  the  sea  which  there- 
upon ensued,  there  resulted  such  a  serious  depleticm  of  the  rtsheries 
that  another  Commission  appointed  in  1883  recommended  a  return  to 


'26  and  27  Vict.,  c.  113  Sec.  2;  27  aud  28  Vict.,  c.  115;  43  and  14  Vict.,  c.  47  Sees. 
I,  (5. 

•^24iiud  25  Vict.,  c.  97,  S.'c.  32;  c.  10!),  Soc.  5;  36  aud  37  Vict.,  c.  71,  Sec.  13. 

•'51  anil  52  Vict.,  c.  54,  Sees.  1,  2. 

^U.S.  Canada,  c.  95,  Sec.  15. 

H3  and  44  Vict.,  c.  47,  Sees.  1,  6.  •  . 

"40  and  41  Vict.,  c.  65. 

Ul  and  42  Vict.,  c.  39,  Sec.  12.  ■ 

"!{.  8.,  c.  9.5,  Sec.  6. 

'•House  of  CominouH  Debates,  18!)2,  Vol.  24,  page  119. 

'"24  and  25  Vict.,  c.  IDS),  Sec.  10;  U.  S.  Canada,  c.  95,  Sees.  8,  10,  14. 

"  47  antl  48  Vict.,  c.  11,  Sec.  1;  li.  S.  Canada,  c.  95,  Sees.  8,  14;  amended  by  .54  and 
.55  V^ict.,  c.  43,  St'(\  1. 

'■^K.  S.,  c.  95,  Sec.  10. 

1324  and  25  Vict.,c.  109,  Sees.  8,  9;  28  and  29  Vict,,  c.  121,  Sec.  64. 

H24  and  35  Vict.,  c.  109,  Sec.  11. 

"'24  aud  25  Vic^t.,  c.  97,  Soc.  32.  . 

i«44aud45  Vict.,  c.  11. 


%i 


GREAT    BRITAIN    AND    CANADA. 


45.") 


tlic  fornipr  restrictive  iiu'asiircs;  sinct^  wliicli  time  a  miiiibcr  of  stat- 
utes have  been  passed  to  iuteoniplisli  tins  einl  in  view. 

Thus,  ill  ISS."),  "The  Sea  Fisheries  (Scotland)  A.niendnieiit  Act"' 
was  passcid,  which  (conferred  upon  the  Kislierv  IJoard  of  Srotiand 
]>ower  to  iiiaUe  by-laws  restricting  or  piohibitiuj^'  any  method  of 
iishiiij;"  foi"  sea  Hsli  which  they  niij;ht  deem  injurious  (subject  to  the 
api)roval  of  the  HomeOtlice),  in  any  part  of  the  sea  adjoininj;'  Scotland 
within  the  fishery  limits  of  the  British  Islands. 

In  ISSS  "The  Sea  Fisheries  Regulation  Act"-  for  Fuj-land  and  Wales 
was  passed,  which  i)i'ovided  for  the  establishment  of  sea  fisheries  districts 
and  local  tisheries  conunitteea  and  empowered  these  committees  to  make 
by-laws  restricting  or  prohibiting  the  use  of  any  injuiious  instrument  in 
taking  sea  fish,  and  other  rules  and  regulations. 

"The  Herring  Fishery  (Scotland)  Act,  1<SS!>,"' '  emi»owered  the  Fishery 
Board  of  Scotland  to  prohibit  by  appropriate  by-laws  methods  of  lishing 
known  as  beam  trawling  and  otter  trawling  on  any  part  of  the  coast 
of  Scotland  within  three  miles  of  land,  and  within  any  of  the  bays  en- 
closed by  headlands  specilied  in  a  schedule  annexed  to  the  act.  I'ro- 
vision^  was  also  made  in  Secticm  7  extending  the  authority  of  the  IJoard 
overascctionof  the  sea  lying  within  a  line  drawn  from  Duncansby  Head 
in  Caithness  to  Rattray  I'oint  in  Aberdeensiiire. 

A  similar  provision  occurs  in  "The  Steam  Trawling  (Ireland)  A(  t, 
1889,"'  which  empowers  the  Inspectorsof  Irish  Fisheries  to  makeby  laws 
]u<d»ibiting  beam  trawling  or  otter  trawling,  ••  within  three  miles  of  low- 
water  mark  of  any  part  of  the  coast  of  Ireland,  or  within  the  waters  of 
any  other  defined  areas  specified  in  any  such  by-law." 

ill.  An  elaborate  system  of  licenses  to  restrict  and  regulate  the  kill- 
ing of  game,  birds,  and  fish  has  been  in  vogue  in  the  United  Kingdom 
for  a  long  time  past.  Thus,  under  the  English  Game  Acts,'  an  excise: 
license  is  required  bef<ue  any  person  (other  than  the  owner)  can  legally 
kill  deer  or  any  other  game  with  certain  limited  exceptions.  Other 
statutes  restrict  the  killing  of  game  even  further.  Thus  no  one  us  per- 
mitted in  England  to  kill  hares,  except  an  occupier  of  land,  and  vm'j 
other  i>ersf)n  authorized  by  liim  in  writing." 

Under  the  "Gun  License  Act,"*  a  license  is  recpiired  before  any  per- 
son can  use  or  carry  a  gun  for  any  purpose. 

All  elaborate  system  of  licenses  is  also  in  operation  regulating  the 
selling  of  game,  and  under  it  penalties  are  imposed  upon  all  perstnis 
who  sell  game  without  a  license,  or  whos'iall  sell  to  a  dealer  not  licensed, 
or  who  l)uy  game  from  an  unlicensed  dealer.'' 

"The  Freshwater  Msheries  A(;t,  1878,""  authorizes  the  Hoards  of  Fish 
<'onservators  to  issue  licenses,  by  the  day,  week,  season,  or  part  thereof, 
to  fake  salmon,  trout,  or  char.  Similar  authority  to  issue  lisliing  licenses 
is  conferied  ii[)on  the  Minister  of  Marine  and  l-'isheries  of  the  Dominion 
of  Canada,  by  the  Ifevised  Statutes  of  that  country.'"  Tlie  license  sys- 
tem in  the  ease  of  other  fish  has  proved  to  be  so  successful  that  a  bill 
has  Just  been  introduced  into  the  Dominion  I'arliament  to  place  the 


'  IS  imd  19  Vict.,  <■ 
-51  imd  r.L>  Vi(t.,c 


70,  Sec.  I. 
r)4,  StMH.  1,  2. 


■'.")!'  an. I  r>'A  Vict.  ,e.  li;$.  Sees,  (i,  7. 

^52  aiKl  a;i  Vict.,  c.  71,  Soc.  H. 

-'  1  and  2  Win.  IV,  c.  32;  23  and  24  Vict.  c.  90. 

Ml  ayd  12  Vict.,  c.  2!»,  Sec.  2. 

'33  and  lit  Vict.,  c.  57. 

«1  and  2  Wni.  IV,  c.  32,  Sees.  25,  27. 

"41  and  42  \ict.,  c.  39,  Sec.  7,  and  acts  cited  tlioroin. 

""  C.  95,  Sec.  4. 


^m 


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ir.c 


KOUKKIN    HTAIirrKS. 


lolisttT  llsliny  iiiiiloi'  licoiisc,  tor  tlii>  roisoii,  iis  Hta(4'<l  Ity  llic  MhiiMtcior 
Miu'iiKMiiHl  l<'isli(>i'i«>H  ill  llio  i'oiirs«<  ol' ilolialo,  tliiil   llir  iiiiliistfy  is  in 
iiiiiniiiiMit  (laii^oi*  ol'  oxlonniiiatioii  Mu'oiikIi  (<>\n'ssivo  aixl  iiidisi-ijiiii 
iiii(«^  llsliin^'.' 

IN  .  V«'i\v  ««\t«MiHiv«' powers  art' «'inilrrrt>«l  upon  t  lie  owners  of  property 
and  "  on  olllfrrs  of  tli«>  law  in  Orrat  llrilain  lo  aid  (lie  ciiroirrinnit  ol' 
Htatntos  d(>si;^'iH<d  to  pnttot't  }>'aiii(s  birds,  and  tisli. 

Tlins  lli«>  ownor  or^iaiiic  ran  warn  olVpoarlirrs  hyday'or  nielli.'  and 
roi|uir(>  tlit'in  to  t«>ll  their  iiaaies  and  a(ldr<>ss(>s.  and  it'  they  refuse  or 
rt'tiini  on  the  land,  to  arrest  them  and  take  them  liefore  ajustiee.  (ianu^ 
feeeiitly  Killed  may  he  seized  and  taken  l»y  l'«n'ee  from  trespassers  hy 
Iheowner  for  his  own  nse.Mind  iimler  the  decisions  of  the  I'lii^lish  Mouse 
of  Lords  the  owner  ean  sei/.e  }>'anie  whieli  has  lieeii  illegally  ean^ht  on 
his  land,  even  when  in  the  hands  of  an   iiinoeeiit  pnrehaser,  for  value.'* 

iiamekeepers  are  pi>niiitt<Hl  to  seixe  do;;'s,  nets,  and  en;;'ines  found  on 
the  owner's  land  whieh  belong;'  to  persons  not  lieensed  to  kill  }:'aine,"and 
a  do^' «)r  implement  so  s(>i/,ed  hecomes  thereby  lorfeited  to  siieh  owner, 
wh»»  may  destr»»y  it  or  not.  as  he  thinks  tit.' 

ily  statute  any  one  who,  without  ri^lit,  hunts  d«>(>r  on  inelose<l  ^roiiml 
is  jLi'iiilty  of  f«>lony,an«i  any  one  whoeommits  a  seeond  otVense  of  any  kind 
relating' tmleer,  whet Ikm'  similar  to  the  tirst  olVeiise  or  not,  is  alst»  guilty 
of  felony." 

Hy  "The  Poaehiufi'  I*n>ventiou  .Vet,  IStL*,""  any  eonstabh^  may  stop 
an«l  seareh  on  the  hijjhway  any  person  suspected  of  having'  been  iinlaw- 
tully  on  land  in  search  of  ^ame,  and  liavin;>'  }>'am(>,  nets,  or  };u!is  in  his 
possession,  and  also  persons  susp««cted  of  haviu}-'  ai<led  and  abetted 
such  poaching':  and  he  may  also  stop  and  searcii  any  cart,  suspected  of 
cout. lining' such  ^aiue  or  implements,  and  seize  and  detain  them,  and 
proi-eetl  ajiainst  the  t)tVen»ler  beftu'e  a  jusfico,  whereupon  conviction  he 
shall  be  liable  to  a  tine  and  the  forfeiture  of  the  ^aine. 

The  lisheries  of  the  Ignited  Kiiifidom  and  Ireland  are  protected 
throujih  the  iustrunu'iitality  of  a  series  of  Kisla'ry  Hoards,  of  which  there 
are  in  Knjilaml  three  sets  at  the  ju-esiMit  time,  viz,  the  Salmon  Fishery 
l>«»anls,  under  the  acts  of  IS(m  and  IST.'J;"*  the  Trout  and  ('liar  Kishery 
Hoards,  under  the  act  of  IS7S; "  and  the  Kroshwater  Kishery  lioanis,  un- 
der the  acts  of  tSTS  and  ISSI  '•' 

•'The  Fishery  Hoard  (ScotlamI)  .Vet,  1SS1»,"  established  a  llshery  board 
tor  Scotland  to  take  co^iuizance  of  everythiufi;  relatin;;  to  tliii  coast  and 
deep-sea  lisheries  of  Scotland.'-' 

The  Hevised  Statutes  of  tl;e  nonunion  of  Oamula  provide  that  tishery 
otUcers  shall  be  appt)inted  by  the  Governor  in  Council,  and  very  larfje 
powers  are  entrust^'d  to  that  ofticial  to  make  and  alter  iej»ulations  f<u' 
the  sea-coast  and  inland  tisheries,  which  liavo  the  suuie  force  and  etl'ect 
«s  if  enacted  by  the  Canadian  Parliament.'^ 


'  Pobiites  of  llonso  of  Couiiuoii8  of  Ciintuln,  1892,  vol,  24,  page  119. 

n  ami  2  Wm.  IV,  r.  ;5-J.  Seo.  31. 

»9  Geo.  IV.  0.  (W.  Soi\  '_'. 

«l  tunl  '2  Wm.  IV.  e.  ;W,  Sec.  36:  for  Scotland,  2  and  3  Wm.  IV,  c.  68,  Sec.  S. 

MUrtdes  r.  Mijrsts.  11  H.  L.  C,  621. 

n  and  2  Win.  IV.  o.  32,  Soi-.  13;  24  and  25  Vict.,  c.  dG,  Sees.  15,  16.  \ 

'Kinjisworth  v.  Mretton.  5  Taunt.,  416. 

»24  and  2."»  Viot.,  o.  JH>.  8ec8.  12,  13. 

>•  25  and  2t>  Vict.,  c.  114.  Sec.  2. 

"^28  and  2t»  Vict.,  c.  121.  Sees.  4,  5,  19,  38;    36  and  37  Viot.,  c.  71,  Sees.  5-8. 

»41  and  42  Vict.,  c.  3;».  Sec.  6. 

"41  and  42  Vict.,  c.  :«.  Sec.  6;    47  and  48  Vict.,  o.  11,  See.  2. 

"45and46  Vict.,  c.  78. 

««R.  S.,  c.  95,  Sees.  2,  16. 


^ 


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' .  1W 


OllKAT    HIilTAIN    AND    CA-NAPA. 


4;-)  7 


III  Kujflaiul  tho  owiiei'  of  laml  or  any  ono  in  liis  ftnploy,  may  woize 
the  implctiieiits  of  any  person  an;;Iin}jf  for  tish  witlioiU  rij,'lit,  or  may 
proHeruU'  him  by  criminal  proceedinfjs;  ami  l)otii  remedies  may  l»e  en- 
forced concurrently  afjainst  any  one  wlio  ttshes  unlaw  fully  by  any  nu'ana 
other  than  angling.' 

Un<ler  "The  Saluum  Fishery  Act,  1805,"^  any  water  bailiff  may  st(»p 
and  search  the  boats  of  any  person  suspi'ctcd  of  illegal  fishing,  and 
may  search  his  baskets,  and  seize  any  tish  ami  implements,  ami  appre- 
hend the  otfeiider  without  a  warrant. 

Justices  of  the  I'eace  may  issue  warrants  to  search  places  tor  illegal 
instruments  and  fish  illegally  caught  and  seize  the  same,  wliich  upon 
the  conviction  of  the  offender  shall  be  forfeited.' 

"The  Herring  Visherj  (Scotland)  Ameiubnent  Act,  ISIM),"'  provid«'H 
tor  the  punishment  of  persons  convicted  of  illegal  tisliing  tor  herring, 
and  that  every  net  illegally  set  may  be  seized  ami  destroyed,  ov  other- 
or  otherwise  disi)osed  of. 

"The  Pollen  Fisheries  (Indand)  Act,  liS!)I,"''  provides  that  constables 
and  water  bailitt's  may  withoi  *^  a  warrant  open  and  examine  all  boxes 
and  baskets  in  searcih  of  pollen  illegally  caught,  and  may  stop  and 
search  all  boats,  and  seize  fish  and  instruinents  as  to  which  there  has 
been  an  infraction  of  the  law. 

By  a  recent  acf  the  use  of  purse  seines  for  catching  any  fish  in  any 
of  the  waters.of  Canada  has  bi>en  abs(dutely  pndiibited,  and  the  penalty 
imposed  consists  of  a  fine  and  the  ('onfis.iatioii  of  the  ott'endiiig  vessel 
and  all  the  apparatus  used  in  connection  with  the  illegal  catching  of 
fish  by  the  method  in  question. 


GEEAT  BRITAIlir. 

BTATTTTE  OF,  RELATIKO  TO  THE  OYSTEB  FISHEBIES  OF  IBELAin). 

"THE   SEA   FISHERIES  ACT,  1808." 

[31  and  32  Vict.,  cap.  45.    July  13,  1868.] 


,  67.  The  Irish  Fishery  Commissioners  may  from  Time  to  Time  lay 
before  Her  Majesty  in  Council  Byelaws  for  the  Purpose  of  restricting  or 
regulating  the  dredging  for  Oysters  on  any  Oyster  Bedsor  Banks  situate 
within  the  Distance  of  Twenty  Miles  measured  from  a  straight  Line 
drawn  from  the  Eastern  Point  of  Lambay  Island  to  Carnsore  Point  on 
the  Coast  of  Ireland,  outside  of  the  Exclusive  Fishery  Limits  of  the 
British  Islands,  and  all  such  Byelaws  shall  apply  ecpially  to  all  Boats 
and  Persons  on  whom  they  may  be  binding. 

>  24  ami  25  Vitt.,  c.  96,  Sees.  24,  25. 
■    »28  and  29  Vict.,  c.  121,  Sees.  31,  36. 

»41  ami  42  Vict.,  c.  39,  Sees.  9, 11:  51  aud  52  Vict.,  c.  54,  Soc.  7:  E.  S.  Cauada,  c. 
95,  Sees.  12,  17. 
:    «53  aud  54  Vict.,  c.  10,  Sec.  3. 

*54  and  .55  Vict.,  c.  20,  Sees.  5,  6. 
,    •64  aud  55  Vict.,  c.  43,  Sec.  1. 

68 


■'i''?'  U'  ''I 


/ 


/ 


■■^.-' 


•■:ii"1' 


458 


FOREIGN   STATUTES. 


'':'/ 1:; 


..  %'  1 


It  sliall  1h'  lawful  for  Her  Majesty,  by  Order  in  Council,  to  do  all  or 
sMiy  of  th«'  following  Tilings,  namely: 

la)  To  dire«'t  that  such  Byelaws  shall  be  observed; 

(h)  To  impose  Penalties  not  exceeding  Twenty  Pounds  for  the 

lireachof  such  IJyelaws; 
(c)   To  ai>')ly  to  the  Breach  of  such  Byelaws  such  (if  any)  of  the 
Enii'.  (ments  in  force  respecting  the  Breach  of  the  liegulations 
respecting  Irish  Oyster  Fisheries  within  the  Kxclusiv<^  Fisheiy 
Limits  of  the  British  Islands,  and  with  such  Modifications  and 
Alterations  as  may  be  found  desirable; 
{(l)  To  revolce  or  alter  any  Order  so  made,  provided  that  the  length 
of  Close  Time  prescribed  by  any  such  Order  shall  not  be 
shorter  than  that  prescribed  for  the  Time  being  by  the  Irish 
Fishery  Commissioners  in  respect  of  Beds  or  Banks  within 
the  exclusive  Fishery  Limits  of  the  BriMsh  Islands. 
Tivery  such  Order  shall  be  binding  ou  all  British  Sea- Fishing  Boats, 
and  on  any  other  Sea- Fishing  Boats  in  that  Behalf  speeitied  in  the 
Order,  and  on  the  Crews  of  such  Boats. 


STATUTE  RELATING  TO  THE  SCOTCH  HEBBINO  FISHERY. 


fi  ,t 


•i.:f'! 


'■  ■  'A  ii 

-.  ■„,■  fl  M( 

Shoit  TitU). 


Kxtcnt  of  iWt. 


"nERRING  FISHERY  (SCOTLAND)   ACT,   1889." 
[52  ami  Wi  Vict.,  cap.  23.    26tb  July.  1889.] 

Be  it  enacted  hi/  the  Queoi's  most  Excellent  Majesty,  by  and  with  the  ad- 
rice  and  consent  of  the  Lords  Siriritnal  and  Temporal,  and  Commons,  in 
this  present  Parliament  assembled,  and  by  the  authority  of  the  same,  as 
follous: 

1.  This  A(!t  may  be  cited  as  the  Herring  Fishery 
(Scotland)  Act,  1889. 

2.  This  Act  extends  <mly  to  Scotland,  and  to  the  parts 
of  the  sea  adjoining  Scotliiiid, 

.i.  In  this  act  '•  Herring  Fisiiery  (Scotland)  Acts"  means  the  Herring 
.  .^^^^  Fishery  Acts  enumerated  in  Schedule  I  to  the  Fishery 

4.-.'iilHi4(i"vi(t.,c.78.   Board  (Scotland)  Act,  1882,  and  includes  any  enact- 
ments amending  those  acts  or  any  of  them. 
4.  Any  person  buying,  selling,  delivering,  or  receiving  fresh  herrings 
in  the  Scotch  herring  fishery  shall  be  entitled  to  use 
tcyrralflm^'iVi'in'.""'''    ^^i'  tlic  purposc  thereof  the   measure  known  as  the 
(•ran,  or  a  quarter  craii  measure,  being  a  measure  of  such 
capacity  thfvt  four  times  its  contents,  when  filled  with  herrings,  shall 
be  ('([ual  to  one  craii;  and  such  measure  shall  be  made  of  wood,  or  of 
such  other  material  as  the  Fishery  Board  for  Scotland  shall  direct,  and 
shall  be  made  and  branded  or  otherwise  marked  in  accordance  with  any 
regulati<ms  for  the  time  being  in  for<!e  of  the  Fishery  Board  for  Scot- 
land, which  reguhitions  that  Board  are  hereby  authorized  to  make,  and 
from  time  to  time  to  alter  and  revoke  as  they  see  fit. 

Thes(^  measures,  made,  branded,  or  otherwise  marked  in  all  respects 
in  confonnity  with  the  regulations  for  the  time  being  in  force  of  the 
said  Board,  shall  be  the  only  legal  measures  for  use  in  buying,  selling, 
delivering,  or  receiving  fresh  herrings  in  the  Scotch  herring  fishery; 
and  any  person  using  any  box,  basket,  or  other  measure  not  so  made, 
branded,  or  otherwise  marked  shall  be  liable,  on  conviction  under  the 
Summary  Jurisdiction  (Scotland)  Acts,  to  a  fine  not  exceeding  fivo 


m 


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3-^^;      :'..-  -  ^:^^Ty  ,..,,; 


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E  i .:  iii..,;,..r 


GREAT    BRITAIN   AND   CANADA. 


459 


Diivliulit  llsliiim 
mill  Siiiiilav  lisliiiii; 
)ii'iiliiliit('il  oil  wt'Mt 
niiiHt, 


l)omHls  for  the  first  ort"eiu!e,  and  not  excee<liii{?  twenty  pounds  for  the 
sennid  or  any  8uhse(|uent  offence;  and  also  to  the  forfeiture  of  tlie 
measure  or  measures  wliich  may  be  seized  and  destroye<l  or  otherwise 
<lis|>osed  of  by  any  suiterinteudent  of  the  iierrinj>'  fishery  or  otlierofiieer 
employed  in  the  execution  of  the  MerringFishery  (Scotland)  Ac^ts:  IM'o- 
vided  always,  that  uothiny  in  this  Act  contained  shall  prevent  the  sale 
of  luirrinji's  by  weiji'ht  or  number  or  in  bulk. 
5.  It  shall  not  be  lawful  to  set  or  shoot  any  herrinj^  net  on  any  day 
between  sunrise  and  one  hour  before  sunset  on  any  day 
between  the  first  day  of  .lune  and  the  first  day  of 
October,  nor  between  sunrise  on  Satui'day  morninji' 
and  one  hour  before  sunset  on  Monday  »!vening,  on  the 
West  Coiists  of  Scotland,  between  tlie points  of  Ardnainurchau  on  the 
north  and  the  Mull  of  (lalloway  on  the  south. 

Any  person  aeting  in  contravention  of  this  secti<m  shall  be  liable,  on 
conviction  under  the  Summary  -lurisdiction  (Scotland)  Acts,  to  a  fine 
not  exceeding,  for  the  first  offence,  five  pounds,  and  for  the  s(H-ond 
or  any  subsocpuMit  offence,  twenty  pounds;  and  every  net  set  or  at- 
tempted to  be  set  in  contravention  of  this  section  shall  be  forfeited  and 
may  be  seized  and  destroyed  or  otherwise  disposed  of  by  any  su[»erin 
tendent  of  the  hei'ring  fishery,  or  other  officer  em[»loyed  in  the  execu- 
tion of  the  Ileiring  Fishery  (Scotland)  A<'ts. 
(».  (I)  it  shall  not  be  lawful  to  use  the  method  of  fisning  known  as 
,    ..       beam  trawling  or  otter  trawling  within  tnree  miles  <d' 

l.c;i  111   II  ml   litter     ,  1         <•  4.       !•  Tl  i         -•    o        il  1 

iiauiiii-  witiiiii  IIP-  low-water  mark  of  any  part  of  the  coast  ot  Scotland 
tiiiiiiiiiiiisi.ic.iiiiiit.il.  „^j.  ^vithin  the  waters 'si>ecified  in  the  schedule  heret<» 
annexed,  save  only  betvyeen  such  points  on  the  coast  or  within  such 
<»ther  defined  areas  as  may  from  time  to  time  be  permitted  by  by  laws 
of  the  Fishery  Board  for  Scotland  and  subject  to  any  conditions  or  regu- 
lations nnule  by  those  by-laws;  provided  that  this  section  shall  not  ap- 
ply to  the  Solway  Firth  nor  to  the  I'eiitland  l-Mrth; 
and  provided,  also,  that  nothing  herein  contained 
shall  affect  the  jmwers  of  tlie  fishery  board  under  section  four  of  the 
Sea  Fisheries  (Scotlantl)  Amendment  A«tt,  1885. 

(2)  The  Fishery  IJoai'd  may  from  time  to  time  make,  alter,  and  icvoke 
by-laws  for  the  purposes  of  this  section,  but  a  by-law  shall  not  be  of 
any  validity  until  it  is  confirmed  by  the  Secretary  for  Scotland. 

(o)  Any  person  who  uses  any  methotl  of  fishing  in  contravention 
of  this  enactment  or  of  any  by-law  of  the  Fishery  Hoard,  shall  be 
liable,  on  conviction  under  the  Summary  Juristli<'tion  (Scotland)  Acts, 
to  a  fine  not  exceeding  five  pounds  for  the  first  offence,  and  U(»t 
exceeding  twenty  pounds  for  the  second  or  any  subse(iueiit  offence;  and 
every  net  set  or  attempted  to  be  set,  in  contravention  <»f  this  section 
shall  be  forfeited,  and  may  be  seized  and  destroyed  or  otherwise  dis- 
l)osedof  by  any  superintendent  of  the  herring  fishery  or  other  ofiifters 
employed  in  the  execution  of  the  Herring  Fislu'ry  (Srotland)  Acts. 

7.  (1)  The  Fishery  Hoard  may,  by  by-law  or  by-laws,  direct  that  the 
methods  of  fishing  known  as  beam  trawling  and  otter 
h.anr'in.iMit.'lTi'aw/  trawliiig  shall  not  be  used  within  a  line  drawn  iVom 
iii«  ill  iiitaiii  lo.aii    Duncansby  Head,  in  Caithness,  to  Hattery  Point,  in 
'"'■'''  Aberdeenshire,  in  any  area  or  areas  to   be  defined 

in  such  by-law.  and  may  from  time  to  time  make,  alter,  and  revoke  by- 
laws for  the  jMirposes  of  this  sectitm,  but  no  such  by  law  shall  be  (tf 
any  validity  until  it  has  been  confirmed  by  the  Secrt'tary  for  Scotland. 

(2)  Any  i»erson  who  uses  any  such  method  (»f  fishing  in  contraven- 
tion of  any  su<  h  by  law  shall  be  liable,  on  conviction  under  the  Sum- 
mary Jurisdi'  non  (Scotland)  Acts,  to  a  fine  not  exceediuy  five  pouuda 


4HamU'.)Vii't.,c.  70. 


i<  •■'>l! 


■  'I 


l|. 


.W«^  I 


'I  » •  tS  ; 


h 


K 


T?  ^  /  fnn4-    -P--  r\-wvt  l.—(\  ■)  The  Fishery  Board  muy.  by  byoUw  or  by« 

JJd^t/rU'Ot/   J  rum  4],^  mettimlaof  flRhinff  known  a»  IteMn  trawling  M 

ffcr  AT>Wn   9'^  siittll  not  bo  imrd  within  a  Ihif  drnwn  from  Ininr 

\^XXAr  XJCmM\   fi«9.  CiiithniuiH,  to  Kuttrny  I'nint,  in  AlMsrilnensliirti,  inn 

An  Ai>f   in  iimAnil  th«  Hftirinir  FinTiAri/  /J>t<-ot1anH^  AotM-  ti)  IXMlpllniNi  in  mich  byel«w.  «n<' <n».V  I'roni  time  to  ( 

An  ACT,  to  amenu  tne  tteiring  j-isnery  (Stotiana)  Acts,  ^^^^j  ^.^.^^^^  bycinwd  tir  tiir  piiip<»«i>R  of  thia  aocti 

and  for  other  purposes  relating  tlioreto.  bvulaw  sliull  he  of  miv  vnli.lity  until  it  liim  b<«n  ■ 

[26th  July  1889.]  So<;rctitry  for  Scotluud.' 


NORTH  EASTERN    SECTION  C 


Biy  Board  may.  by  byolaw  or  byelaws,  direct  that 
inff  known  «»  beain  trawling  and  otter  trairling 
fiMn  a  liiii<  drawn  from  iRincauitby  Head,  in 
ny  I'oint.  in  Aliurilt^enaliirts  in  any  ana  or  arcan 
I  byelnw,  and  inity  I'mni  time  to  ttmo  makt^,  alt«r, 
n  tor  flir  piirp<u«>8  of  this  aaclion,  bnt  no  hiicIi 
iiiiy  viilidity  until  it  liim  biieii  conllruivd  tiy  tlie 
ml. 


(2.)  Any  person  who  naes  any  anob  method  of  fishing  In  contnt- 
vention  of  any  naoh  byelaw  shall  be  liable,  en  eonviotion  under  the 
BnmmnTT  Jiirladictiun  (Scotland)  Acta,  to  a  fine  not  cxceetlinc  Ave 
pounda  for  the  ilrHt  oft'once,  and  not  oxvceding  twenty  pouada  fur 
the  Hei'oud  or  any  Hubitoqnent  offenoc;  niid  every  net  aot,  or  at- 
tismpted  to  lie  net,  in  oontrnvention  of  any  such  byelaw  may  be 
Roizcd  and  dentroyed  or  otIiorwiHO  diHiHmtMiof  as  in'thc  aixtli  sec- 
tion of  this  Act  mentioned. 


SECTION  OF    SCOTLAND. 


'HI.    NUNHIfi  PHiHSl.t),   l-HUTOI.lM,.      W*ftHlW.T|.tf>.   Il     i 


'1H: 

■I 

1 

fin  ij  i  ■  ■ 

y::2¥ 


400 


FOREIGN  STATUTES. 


tor  tln>  first  oftViK'O,  siiul  uot  ('xcej'dinjx  twenty  pounds  for  the  second 
oriiiiy  subsequent  otl'ence;  and  every  net  set,  or  attempted  to  be  set,  in 
(iontraveidiou  of  any  sucli  bylaw  nniy  be  seized  and  destroyed  or 
otlierwise  disposed  of  as  in  tlie  sixtli  section  of  this  Act  mentioned. 

S.  It  shall  not  be  lawful  to  land  or  to  sell  in  Scotland  any  tish  canght 
in  c(nitiavention  of  this  A<*t,  or  of  any  by-law  made     „, ,  .„     ,, 
tliei'eniHler,  an<l  all  superintendents  and  other  omeers  not  to  Imi  IuikIiii  or 
employed  in  tluM'xecntion  of  the  Ilerrinjj  Fishery  (Scot-  ""'■'■ 
land)  Acts,  an'  hereby  empowered  and  required  toi)reveut  the  lauding 
or  sale  of  any  lish  so  (;anght. 

SCnEDULB. 


■'1^. 


m 


'(■£!■  f 


i 

■  -'•i 

S 

t 

1 

H; 

m 

'( 

AVifttown  liay,  within  a  line  drawn  from  Great  Kosa  Point,  near 
Little  Koss  Ligiithouse,  on  the  east  to  Isle  of  Whithorn  on  the  west. 

liuee  Hay,  within  a  line  drawn  from  a  i)oint  near  Port  William  on 
the  east  t(.  Killyness  Point,  near  Druinmore,  on  the  west. 

Loeh-in  «lail,  within  a  line  drawn  from  Kudhana  Cathair  (Mull  of  Oe) 
on  the  south  to  the  Ehynns,  near  Ehynns  of  Islay  Lig'hthouse,  on  the 
north. 

Loeh  Snizort,  within  a  line  drawn  from  Vatternish  Point  on  the  west 
to  Dunlea  on  the  east. 

lUoad  l»ay,  within  a  line  drawn  from  Tolsta  Head  on  the  north  to 
Tiunipan  Head  on  the  south. 

Stornoway  Bay,  within  a  line  drawn  from  Kebock  Head  on  the  south 
to  liayble  Head  on  the  north. 

Thurso  Day,  within  a  line  drawn  from  IJrimsness  on  the  west  to 
Dunnet  Head  on  the  east. 

Sinclair  Uay,  within  a  line  drawn  from  Noss  Head  on  the  south  to 
Duneaiisby  Head  on  the  north. 

Scapa  r>ay,  within  a  line  drawn  trom  St.  Mary's  Point  on  the  east  to 
Houton  Heads  on  the  west. 

St.  Majiuus  liay,  within  a  line  drawn  from  Esha  Ness  on  the  north 
to  a  i>oint  ne-ir  Sandness  on  the  south. 

Tin'  waters  inside  a  line  drawn  from  Corsewall  Point,  in  the  county 
of  Wigtown,  to  the  Mull  of  Tantyre,  in  the  county  of  Argyll. 

TIm'  waters  inside  a  line  from  Port  Askadel,  near  Ardnamurchan 
Point,  on  the  west  to  Ku-Cisteach,  near  Arasaig,  on  the  east. 

The  waters  inside  of  a  line  from  liu-geur,  Slate  Point,  on  the  south 
to  a  point  near  l{u-an-dunan  on  the  north. 

The  waters  inside  a  line  from  Eu-na-uag,  LochTorridon,  on  the  south 
to  a  i)oint  at  liong  Island,  Gareloch,  on  tlie  north. 

The  waters  outside  Locli  Tarbert,  Harris,  from  Toe  Head  on  the  south 
to  Camus-Huisnish  on  the  north. 

East  and  west  Loch  Koag,  from  Gallon  Head  on  the  west  to  Coul 
Point  (m  the  east. 

The  waters  inside  a  line  from  Greenstone  Point  on  the  west  to  a  point 
near  Meal-Sgreaton,  Eu-Cooygach,  on  the  east. 

The  waters  insi<le  a  line  from  Eu-Stoer  on  the  west  to  a  point  at 
Seourie  Bay  on  the  east. 

Dornoch  Firth.  ^ 


Fraserburgh  Bay. 
]M<mtrose  Bay 


^f         i7-  f    ■;       «         f     .,  [All  as  specified  in  the  existing 
Abl'-rilen  ll'a v!^'       "^  ^'  f  '^^''^  «*'  ^^^^  ^^^^^^^'^  ^^^''^' 


by- 


Saint  Andrew's  Bay. 
Filth  of  Forth. 


^    A 


■'i' 


m^^>  M 


0 


i<t* 


i  M 


5t 


itkfm 


■m 


*1.;i:i 


'■km\ 


t: 


■*►'' 


]i^ 


WJI'if,  j] 


tkf  ir«.  i 


iW,i 


iiiiiiilil.  ■' 


i 


•  •  I' 


i.     ■' 


i 


I     . 


•urn.' 


CEYLON. 


CEYLON. 


4G1 


SEGULATIONS  AND  OKDINANCES  OF  CEYLOH. 

l(<'};iiltitioii  No.  :i<it'  IHll. 
FOR  THE  PROTKCTION   OF  IIIS  MA.IKSTY'S  VKARL  HANKS  OF  OEYLON. 

Whereas  tlu're  is  reason  to  snspecr  that  (lopriMlations  are  coiniiiit- 
ted   ill  the  pearl  banks  of  this  Island  by  boats  and 
other  vessels  tVeqnentinin'  those  ]tlat'es  in  tlie  calm  sea- 
son without  any  necessity  or  iawl'iil  cause  for  beinji'  in  that  situation: 

For  the  protection  of  His  ]\rajesty's  property  and  revenue,  His  Kx- 
eellencry  the  (loveruor  in  (Jouncil  is  pleased  lieieby  to  enact  and  de- 
clare : 

That  if  any  boat  or  other  vessel  shall  hereafter,  between  the  lOth  of 
January  and  the  end  of  April,  or  bet\veen  the  1st  of 
Oi'tober  ami  the  end  of  S'oveinbei'  in  anv  vear,  be  ivimity  on  vmm.u 
found  within  the  limits  of  the  pearlbaidcs,  as  described  {;;;;;j!i^vitini.the,.eari 
in  the  schedule  hereunto  annexed,  anchoiiufi'  or 
hoverinj>'  and  not  proceedinji'  to  her  proper  destination  as  wind  and 
weather  may  permit,  it  shall  be  lawful  for  any  person  or  persons  hold- 
ing a  commission  or  warrant  from  His  Excellency  the  (iovernor  for 
the  purposes  of  this  Kegulation  to  enter  and  seize  such  boat  or  other 
vessel,  and  carry  the  same  to  some  convenient  i>ort  or  jilace  v\  this 
island  tor  prosecution.  And  every  such  boat  or  other  vessel  is  hereby 
declared  liable  to  forfeiture  by  sentence  of  any  court  having  revenue 
jurisdiction  of  suflieient  amount,  and  shall  be  condemned  ac(!ordlngIy; 
two-thirds  thereof  to  the  use  of  His  Majesty  and  one-thir<l  to  the  per- 
sons seizing  or  prosecuting,  unless  such  boat  or  other  vessel  shall  have 
been  tbrced  into  the  situation  aforesaid  by  accident  or  other  necessary 
cause,  the  proof  whereof  to  be  on  the  party  alleging  such  defence. 

Colombo,  Dth  .March,  1811. 

By  order  of  the  Council. 

James  Gay, 
Secretary  to  the  Q0uncU. 

By  Uis  Excellency's  connnand. 

John  11cii»ney, 
Chief  Secretary  to  Government. 


•H  ■*..;|i 


SCHEDUI.K    RKIKKREI)  TO. 

Vessels  navijjating  the  inner  or  alongshore  passage  are  not  to  hover  or  anchor  in 
deeper  than  lour  tathonis  watt.T. 

Vessels  navigating  the  outer  passage  are  not  to  hover  or  anchor  within  twelve 
fathoms  water. 


No.  4.— 1842. 

FOR  THE  PROTECTION   OF  HER   MAJESTY'S  RIGHTS  IN  THE   DIGGING 

FOR  UEAU  OHANKS. 


Pruainblo. 


Whereas  it  is  necessary  to  make  ])rovision  for  the  more  effectual  pro- 
tection of  the  deposits  of  chaidcs  called  "deadchanks" 
in  the  Crown  lauds  in  the  Northern  Province: 

1.  It  is  therefore  hereby  enacted  by  the  Governor  of  Ceylon,  with 
the  advice  ami  consent    of  the  Legislative    Council      „     ,.  ,.    ,.    . 
thereof,  that  from  and  alter  the  passuig  of  this  Ordi-  loi  .lea.i « iianks  wiu? 
nance  any  iier.son  wdio  shall  dig  for  dead  chanks  in  any  """  i"""""'- 
laud  belougiug  to  the  Crown,  without  the  permissiou  iu  writing  of  the 


if         r 


m 


'ir^'i 


% 


9m' M 


4G2 


FoUKHiN    STATiriKS. 


r       III 


(lOViM'iiim'iit  ii^fctit  Of  oflifi'  ])(>rs(Mi  ilnly  iiiitliori/iMi  by  liiiii  in  tliiit  bo- 
halt',  oi'  roiiti-iiry  to  tlii'  terms  of  siicli  ]i«'niiif,  shall  ix'  lialile  toa  penalty, 
for  the  tii'st  otleuce  not  excecdin;:'  tlircc  pouinls,  and  in  (letanlt  of  pay 
iiicnt  to  he  iinprisoiuMl.  with  or  without  hard  lal)our,  tor  a  term  not  <'\ 
(■('(idtng  three  uioiiths;  and  tor  tiie  se('on<l  or  any  suhseqin-nt  olVence  to 
ii  penalty  not  exceedin;;'  live  pcninds,  ami  in  default  of  payment  to  l>e 
imprisoned,  with  or  without  hard  lahour,  t'oi- a  term  ol'live  months. 

2.  And  it  is  turther  etnirted  tiiat  the  dead  ehanks  obtained  by  di;>'- 

i^inu  in  the  ('rown  lands  shall,  on  tiist  b(>in<{'  dui>'  up, 
atiimi,  aiiti  iioi  to  iif  be  taUeu  to  and  kept  only  at  such  stoies  or  phu'es  ni 
ivinovid  wiihmii  per    fi,(.  imtuediate  iH'i;ilib(Mirhood  of  the  lands  wlieuee  the 

dead  ehanks  weic  du;;  up  as  may  be  approved  ol  by 
the  (lovernment  audit  as  plaees  for  storinj;'  said  ilead  ehaidis,  and 
tluit  they  shall  not  be  thereafter  removed  from  sueh  stores  or  phu-es 
without  the  permission  in  writiiij*'  of  the  (loveriMuent  a;;ent,  orot'sonu' 

person  duly  authorised  by  him  on  that  behalf;  and 
^'  that  the  takin;;'  or  removal  of  dead  ehanks  contiary  to 

the  ])rovisioiis  of  this  elause  shall  be  an  ottenee,  and  shall  be  punished 
by  the  eonliseation  of  all  dead  ehanks  so  taken  or  removed. 

3.  And  it  is  further  enacted  that  oiu'half  of  all  tines  hereinbefore 

dir(!ete<l  to  be  levied  and  (Uie-half  of  the  |>roduee  of  all 
polTot!'""  *"''"''''■  <'onriseations  under  this  Ordinance,  shall  ^otoOurLady, 
the  (^ueen,  and  the  other  half  to  the  pers(ui  in  couif'- 
quence  of  whose  information  the  offender  is  «'onvicted.     Provided  al 
ways,  that  in  the  event  of  the  inability  of  any  defend 
^'''""'''"'  ant  to  pay  any  such  line,  and  sentenci^  of  imprisonment 

beiny;  awarded  tor  any  such  offence,  the  district  judj^c  shall  neverthe- 
less pay  to  such  intbrmer  the  amount  to  which  he  would  have  been  en- 
titled if  such  tine  had  been  paid. 

Passed  in  Council  tlu;  Fifteenth  day  of  August,  One  thoi      nd  Ki;«ht 
hundred  and  Forty-two. 

Kknneth  Mackknzie, 
Acting  Cli'rii  to  the  (JoxineU, 

Published  by  order  of  Ilis  Excellency  the  (Jovernor. 

P.  ANS'IUUTIIER, 

Colonial  ISecretury. 


]S^o.  .").— 1842. 


I*  .1:  .. 

I       •  y' 


ill 


I 
I 


1;  i 


tl  i 


FOB  THE  PEOTECTION  OF  HER  MAJESTY'S  f'lIANK  FISHERY. 


Preamble. 


Whereas  it  is  necessary  to  make  ]>rovision  for  the 
protection  of  ller  Majesty's  Chank  Fishery. 
1.  It  is  therefore  hereby  enacted  l)y  the  j^overnor  of  Ceyh)n,  with  th<>. 
advice  and  consent  of  the  Lej>islative  ( 'ouncil  thereoi, 


imfuiPflHiHnK  ^'..'r  ^^^''^^'  ^'ioui  uud  after  the  passing  of  this  Ordinance  every 
ciiuiiku  witiuTiit  li-  boat,  canoe,  raft,  oi'  vessel  whatsoever  which  shall  be 
consc.to.,H.»nHs.nte.i  ^.^^^^^^^  employed  in  the  tishing  for,  or  in  any  way  for 
the  collection  of,  chunks,  without  the  written  lij-ense  tor  its  so  beinj;' 
eujployed  of  the  Govei'unu'ut  aji'cnt  of  the  ]»rovince  on  the  coasts  of 
which  it  shall  be  so  found,  or  of  s<miei)erson  duly  authorized  by  him  to 
grant  such  lii'cuses,  <n'  contraw  to  the  terms  thereof, 
iifZiTSuv' ofT.n  shall,  together  with  all  its  appurtenances,  be  confis- 
oiieiicK  Mu\  liaiiio  i<.  catcd,  uud  cvcrv  person  fmind  therein  sliall  be  guilty 
H...M,riM.,ui.o,nm...,.  ^^^.  .^^^  offcucc,  u'ud  be  liable  ou  couvlctiou  tlicrcof  tou 

flue  uot  exceeding  one x^ouud,  and  in  default  of  payment  to  imprison- 


rKVI.ON, 


463 


iiiPiit,  with  iM'  witlioiit  hiinl  hilxuir,  lor  ;i  pcriud   not   cNcccdiii},'   oiu^ 
niniitli. 

:.'.  And  it  is  niitlicr    riiiictcd  tliat  nil  |M>i'Hotis  loiiiid  lisliiii};  tor,  or 
ntlM'i\\i.sf;ilt(Mii|itiiim  tucollctt  <'li;inks  wit  In  tilt  ii  license 
lor    liiiit   iHiiposc  iVoiii   lilt' <lnv»'rnnn'nt   iiuriit  of  I  lie      i'-i]iiiv  <-"  i'«r«»iM 

'         '  1.      !■        1  •    1     11  I      II   I  .■  I       liiMMil  lisliliiyldiMiiit- 

liritVHKH^  on  tlic  const  ot  wliicti  tlicy  siiall  Ik>  so  toiiinl,   t.ii>|iiiii-    to  rciih.i 

oi-  iVoiii  sonic  pel  son  duly  iiiitlioiiscd  l>y  liiiu  to  "•nint   ',,j!j||,',';'*     '"""""   " 

such  license,  or  conliiiry  to  the  tenns  thei'col',  sliidl  be 

guilty  of  an  otVence  and  he  liiil)lu  on  conviction  thereof  to  a  fine  not 

exceeding' one  pound,  and  in  default  of  paynieiil  to  iinprisonnuMit,  with 

or  without  hard  labour,  for  a  perio<l  not  (  \(    ediii;[>'  one  inontli. 

.1.  And  it  is  further  enacted  that  all  chauks  shall  be  lautlcd  at  hoiuo 

])lac«'  oti  the  coasts  of  this  Colony,  within  such  time 

after  their  beiufj  tislied  up  or  otherwise  collected    as 

shall  be  stipulated  in  their  license,  and  every  jierson   ;"_i"ii,\  "iiiiinaHtii 

failinu'  so  to  land  anv  chauks  in  the  lishin;;'  or  coilec- 


('liiiiiKrttii  III'  liiliilril 


on   1 1 


ir   iiiimls  II 


t     till 


l;ilril  pi'liiiil 


I'liiuliy. 


tion  of  which  he  shall  have  been  employed  shall  l»e  ju'iiilty  of  an  ot!t  ;ico, 
and  be  liable  on  conviction  thereof  to  a  tine  nor  exceeding  onu  pound, 
and  iu  default  of  i>ayment  to  impiisonment,  with  or 
without  hard  labour,  for  a  i»eriod  not  exceediii};'  one 
month.  And  ever  person  proeurinj;',  insti;;atinj;'.  or  assist in;^' another  to 
conimit  the  said  last-nieiiti<uied  ollence  shall  be  liable  to  the  same  pun- 
ishment as  a  person  actually  <'omiiiittin;4  it. 

4.  And  it  is  fuitlu'i'  enacted  that  the  i)(»ssession  of  chauks  at  any 
place  on  the  coasts  of  this  Island,  (ttlier  than  a  port  of    „         •      ..  ,     , 

'         .  .,,,,,  -i  !•     il  /<  i  i.  »•  1  llNHI'.SSiOlllltllllllikH 

entry,  without  the  permit  ot  the  (lovernineiit  aji'ent  ot  wiiiiout  iiinnit mi  of- 
the  i»roviii<'«',  or  some  person  authorised  by  hin;  to  f>raut  ''"'"• 
such  permits,  or  contrary  to  the  terms  of  any  jn'rinit  for  such  possession 
that  may  have  been  j-ranted,  shall  be  an  ollence,  and  all  chauks  fonnd 
so  possessed  shall  be  confiscated. 

it.  And  it  is  further  enactted  that  all  headmen,  ofllcers  of  police  orcus- 
tcuns,  and  all  persons  specially  a|»i)oiiited  for  that  pur- 
nose  by  the  Government  ai'ent  shall  be,  and  tliev  are     oiiiniM  (inpuwind 

I  ,  "^  1       i  1  1  i-  11  .•        1      •       '  r  '"       llllllilllll        till'         IIIO 

hereby,  empowered  to  demand  ot  all  jterscuis  lisliiii;^'  lor  iim  ii»iii)iiiiiii»« 
or  atteinptinji' toc(dlectehanks, or  havinj;-  them  in  their 
]:ossessiou,  tlu^  production  of  any  li(HMise  or  permit  reiiuired  of  tliem  by 
this  Ordinance;  ami  in  ease  the  same  shall  not  be  ])roduced,  <u', being 
produced,  shall  iu)t  be  deenu'.d  satisfactory,  to  seize  and  take  such  per- 
sons l)etbrethe  district  court,  and  detain  and  in  safe  custody  keep  any 
boat,  canoe,  raft,  or  vessel  employed,  or  chauks  possessed  by  them  un- 

n'HistiiiH 


lawfully,  until  they  shall  reci'ive  the  dirctions  of  I  he  i- 
said  court  for  their  dis])osal;  and  every  person  mak-  ^i"' 
ill"'  or  incitinii' anv  resistance  to  such  oili'crs  or  otlier  ti.~ii 


i>m 


IIM'llt. 


ITIM  111'    lIHlt- 

IrMistilllci'    lillllld 

III'  iiiiil  iiiiiii'i.siiii- 


persons  in  the  exercise  of  their  duty  shall  be  liable  to 

imprisonment,  with  or  without  hard  labor,  or  tine,  or  both,  at  the  dis- 

cn'tion  (»f  the  district  court. 

(».  And  it  is  further  enacted  that  no  dred;L>e  or  other  ai)pai"atus  for 
the  pur|>ose  of  collectiiij>'  chauks  shall   be  used;  and 
that  anv  such  ai)i)aratus  that  may  be  found  on  board    ,  C'liiiity  rm-  nsiiijra 

_  •  ■     '  .  *'^  .  .  _  .      _  lIl'IMMl'lt       III-      lllintlix.il  Mu 


1         ,  i'i.  1       1      11      i  1.1  -ii      iliiiilyn    III'  ii|iiiiiriitim 

any  boat,  canoe,  raft,  or  vessel   shal!.  toj>«'ther  with   ni  uiiiiiiiiiiMi'.'. 
siudi  boat,  canoe,  raft,  or  vessel  be  coiiliscated  and  the 
tindal  and  crew  of  such  boat,  canoe,  rait,  or  vessel  shall  be  liable  to  im- 
piisonment at  hard  labour  for  a  period  not  exceeding  three  months. 

7.  Audit  is  further  enacted  that  one  half  of  all  tines  recovered,  and 
one  half  of  the  produce  of  all  contiscations  made  under 
this  Ordinance  shall  go  to  Our  Lady,  the  Queen,  and  , Jp,";^^ ^1""'  *°  *'" 
the  other  half  to  the  perscjn  iu  couseixuence  of  whose 


■  0 

4 


*'~m 


iP^ 


\    5fe-  ;  I 


li  1 


^m  T 


I 


464 


FOREIGN    STATUTK8. 


■t'  I 


g.vi; 


ProvlHO. 


iiitbnnation  the  ofii'iider  is  convictod.  Provided,  jilways,  fliat  in  tlie 
event  of  the  inability  of  any  defendant  to  pay  the  lines 
above  diverted,  and  sent«Mic(^  of  inipiisannient  beinj;' 
awarded  in  consecinenee  thereof,  the  ayent  of  the  province  shall  never- 
theless pay  to  such  informer  tim  amount  t*}  which  he  would  have  been 
entitled  if  such  tine  had  been  i>aid. 

I'assed  in  Council  the  Twenty  ninth  day  of  Au<>iist,  One  thousand 
Eight  hundred  and  Forty-two. 

Kenneth  Ma«'kknzie, 
Acthuj  Clerh  to  the  CouncU. 

Published  by  order  of  His  Excellency  the  (lovernor. 

r.  Anstuuthek, 
Colonial  ISecniary. 


ProambU). 


Pi'uiaty. 


No.  18.— 1.S43. 

AN  ORDINANCE  TO  DECLARE   ILLEdAL  THE   POSSESSION  OF  CERTAIN 
NETS  AND  INSTRUMENTS  WITHIN   CERTAIN  LIMITS. 

C.  Campbell. 
Whereas  it  is  exjjedient  to  prohibit  the  possession  within  certain  limits 
of  certain  nets  and  instrunu'uts  which  mijilit  otherwise 
be  used  to  the  detriment  of  Her  Majesty's  pearl  banks: 

1.  It  is  therefore  hereby  enacted  by  tlu'  (Joveruor  of  Ceylon,  with  the 
rossoHsionoff.rtain  iwlvice  uud  coi'scut  of  the  Legislative  Council  thereof, 

nets,  (hedges,  and  tluit  froui  uud  uftcr  the  passiug  of  this  Ordinance  the 

other  inHtriiiiients  .  i        i      x.  i    tJ^  >.  ^i  ,.        j_ 

within  certain  limits  possessiou  Oil  land  ot  any  drifting  net  or  other  net  not 
'"'*■'"'•  b'>mg  such  as  are  used  by  men  walking  in  the  sea,  or  of 

any  dredge  or  similar  instrument,  at  any  place  within  twelve  miles  of 
Tallaville  or  Talmanar,  or  at  any  place  within  twelve  miles  of  any  part 
of  the  shore  at  low  water  mark  between  Tallaville  and  Talmanar,  shall 
be  unlawful,  and  every  such  net,  dredge,  or  instrument  that  shall  at  any 
time  be  found  within  such  limits  shall  be  forfeited,  and  every  jierson 
who  shall  at  any  time  have  had  any  such  net,  dredge, 
or  instrument  in  his  possession,  or  shall  have  moved  or 
concealed  or  assisted  in  or  procured  the  movement  or  con<'ealinent  of 
any  such  net,  dredge,  or  instrument  within  such  limits,  shall  be  guilty 
of  an  ottence,  and  be  liable  on  conviction  thereof  to  a  flne  not  exceed- 
ing ten  pounds,  or  to  imprisonment  with  or  witlnmt  hard  labour  for  any 
period  not  exceeding  six  inonths. 

2.  And  it  is  further  enacted  that  it  shall  be  lawful  for  every  officer 

of  the  Customs  and  every  peac^e  officer  to  search  any 
niaicrrerrl^rfor  iletH,  housc  or  premises  within  any  such  limits  as  aforesaid 
&c.,  and  seize otieud-  where  he  shall  have  good  reason  to  believe  any  such 
net,  dredge,  or  instrument  as  aforesaid  to  be  kept  or 
concealed,  and  to  take  the  same  into  his  charge,  and  to  seize  and  take 
every  person  offending  against  this  Ordinance  before  any  competent 
court  or  Justice  of  the  ])eace,  to  be  dealt  with  according  to  law. 

Passed  in  Council  the  Thirtieth  day  of  November,  One  Thousand  Eight 
Hundred  and  Forty-three. 

Kenneth  Mac;kenzie, 
Acthuj  Clerk  to  the  Council. 

Published  by  order  of  His  Excellency  the  Covernor. 

P.  Anstrutiier, 
Colonial  Secretary. 


k^ 


1;  "n 


I'rCiiiiiUli'. 


CEYLON.  465 

No.  18.— 1890. 

AN  ORDINANCE  RELATING  TO  CIIANKS. 
A.  E.   nAVELO(;K. 

Wlicn'sis  it  is  expedient  to  aiiieiul  the  Laws  relating  to  Cbaiiks  and 
to  prohibit  tlu  diving  tor  and  eolleeting  of  Cliaidvs, 
Bi-che-de-mer,  Coral,  or  Shells  in  the  seas  between  Man- 
nar and  Chilaw:  15e  it  therefore  enacted  by  the  Governor  of  Ceylon,  by 
ami  with  the  adviee  and  consent  of  the  liCgislative  Council  thereof,  as 
foHows: 

1.  This  ordinance  may  be  cited  for  all  |>iirj)oses  as  "The  Chanks  Or- 
dinance, 1890,"  and  it  shall  come  into  oi)eration  at  such      .,    ,., 
timeastue  Governor  in  Executive  CouncM  s]iall,by  proc-  of  (.iHiatiou. 
lamation  in  the  (jorrrnnirnt  (hizctfe,  a])poiut. 

2.  The  Ordinance  Xo.  4  of  1842,  intituled  "An  Ordinance  for  the  pro- 
tection of  Her   jMajosty's   rights   in  the   digging  for     ,,      , 

J)ead  Chanks,"  and'the'  Ordinance  No.  r»  of  1842,  inti-  '"" 
tuled  ''An  Ordinance  for  the  protection  of  Her  Majecty's  Chank  Fish- 
ery,'' are  hereby  repealed,  but  such  repeal  shall  not  attect  the  past 
operation  of  either  of  the  said  enactments,  or  anything  duly  done  or 
suttered,  or  any  obligation,  or  liability,  or  penalty  accrued  or  incurred 
under  them  or  either  of  them. 

VVhere  any  uiirei)ealed  Ordinance  incorporates  or  refers  to  any  pro- 
vision of  any  Ordinance  hereby  repealed,  such  unrepealed  Ordinance 
shall  be  deemed  to  incorporate  or  refer  to  the  corresponding  provisions 
of  this  Ordinance. 

3.  In  this  Ordinance,  uniess  tlie  context  otherwise  re-   ucuflitions. 
quires — 

"Chanks"  includes  hoth  live  and  dead  chanks. 
"  Person'' includes  any  company  or  association  or  body  of  per- 
s<ms  whetlu'r  incorjxirated  or  not. 

4.  (1)  There  shall  be  hivied  and  |>ai<l  on  all  chanks  entered  for  expor- 
tation a  rovaltv  at  such  rates  not  exceeding  one  cent   „  .         ,     , 

on  each  chank,  as  the  Governor,  with  the  advice  ol 

the  Executive  Council,  sliall,  from  time  to  time  by  notilication  in  the 

Govcrinnciif  Gdzette,  ',\])])(m\t. 

(2)  No  <*hanks  shall  be  exi»oited  save  andexc(q>t  from  any  i)ort  men- 
tioned in  the  schedule  A  hereto,  or  fntin  aiiv  other  iwrt  „   ,    ... 

,.,.,.,  .     ,,  i-       /.  •!        '  •  Vi        I'orts  lit  entry. 

whichtneGoveriKUin  l'.xecutive(  ouncilmayappointby 
notilication  in  the  (lorcntmciit  duzvitc. 

5.  (1)  The  person  entering  outwards  any  chanks  to  be  exported  from 

anv  P«»rt  shall  deliver  to  the  collei-tor  a   bill  of  tl.e  en-   „.„   ,,    . 
,     ■    '  ,.  •        ii  r  J.I        1  ■  I    i-  i-i       15'" "'  entry. 

try  thereot,  expressing  the  nameot  the  shij)  andot  the 

master,  and  of  the  place  to  which  the  chanks  are  to  be  exported,  and 
of  the  person  in  whose  name  the  chanks  are  to  be  entered,  together 
with  the  number  and  value  thereof,  anything  in  the  Ordinam^e  No.  17 
of  I8(ll>  to  the  contrary  notwithstanding,  and  shall  at  the  same  time 
pay  to  the  collector  any  sum  which  may  be  due  as  royalty  upon  the 
exportation  of  such  <'hanks. 

(2)  Such  ])er8on  shall  also  deliver  at  the  same  time  one  or  more 
copies  of  such  entry,  and  the  i)arti('ulars  to  be  con- 
tained in  such  entry  shall  be  written  and  arranged  in 
siu!h  form  and  manner,  ami  tlu^  number  of  such  copies  shall  be  such 
as  the  collector  shall  require,  and  such  entry  being  duly  signed  by  the 
59 


ColU»ctor'H  warrant. 


p 


466 


FOREIGN    STATUTES. 


!!'"  ' 


Injt  contrary 
Urdinancu. 


tt>    tho 


entry  liable  to  be  for- 
feito'd 


reunltier 


collector  sball  be  tlij  waiTaiit  for  exauiiiuitioii  and  sliii»inc'iit  of  such 
cbanks. 

6.  Every  person  who  sball  export  cbanks  from  tbis  rsbiiul,  exct'i)t 

from  any  ])ort  mentioned  in  Sebcdule  A,  or  from  any 
I'Miaity  tor  export-  port  ap])ointed  by  tbe  Governor  in  Exi'cutive  Council 
under  section  4,  or  contrary  to  tlic  rctiuircnientsof  sec- 
tion 5,  shall  be  guilty  of  an  oHcnco  punishable  with 
simple  or  rigoroii&  imprisonment  for  a  period  not  exceeding  six  niontbs, 
Or  with  a  fine  not  exceeding  one  liundred  rupees,  or  with  l)otb. 

7.  If  any  cbanks  subject  to  the  payment  of  any  sums  due  as  royalty 

in  respect  of  exportation  shall  be  laden  or  water-borne 
qiiaijksiiuion  btiore  to  be  hulfcu  ou  board  any  ship  before  due  entry  sball  have 
'"  '  '  '  " '  been  made  and  warrant  granted,  or  before  such  cbanks 
shall  have  been  duly  cleared  for  sliipnient,  or  if  such 
cbanks  shall  not  agree  with  the  bill  of  entry,  the  same  shall  be  liable 
to  forfeiture  together  with  the  package  in  which  they  are  contained. 

8.  It  shall  not  be  lawful  for  any  i)erson  to  use  any  dredge  or  other 

,.  ,    ,  apparatus  of  a  like  imture  for  the  purpose  of  lishing 

Tse  ot    dredge    in     „'  ■■  n       i.-  11  i  11  .  o 

(•oii.ciiiigciiaukspro-  for  or  collecting  chauks,  and  every  person   using  any 
•'''''"''I  dredge  or  other  ap])aratus  of  a  like  nature  for  sucli 

purpose  shall  be  guilty  of  an  ottence  punisliable  with  simple  or  rigorous 
imprisonment  for  a  period  not  exceeding  six  months, 
or  with  fine  not  exceeding  one  hundred  rupees,  or  with 
both;  and  every  dredge  or  apparatus  of  a  like  nature  so  used  as  afore- 
said shall  be  forfeited. 

9.  It  shall  not  be  lawful  for  any  person  to  fish  for,  dive  for,  or  collect 
cbanks,  bOche-dt;-iner,  coral,  or  shells  in  the  seas  within 
the  limits  defined  in  Schedule  B  hereto,  and  every  [)er- 
sonwho  shall  fish  for,  dive  tor,  or  collect,  or  who  shall 
use  or  employ  any  boat,  canoe,  raft,  ov  vessel  in  the 
collection  of  chpiiks,  beche  de-mer,  coral,  or  shells  in 

the  said  seas,  shall  be  guilty  of  an  oft'enee  punishable  with  simple  or 
rigorous  bni)risoumeut  for  a  ]>eii(»d  not  ex<'eeding  six 
months,  or  with  fine  not  exceeding  one  1  iidred  rupees, 
or  with  both;  and  every  boat,  canoe,  raft,  ov  vessel  so  employed  as 
aforesaid,  together  with  all  cbanks,  bechede-mer,  coral,  or  shells  un- 
lawfully collected,  shall  be  forfeited. 
Provided,  that  nothing  in  this  section  contained  sball  prevent  any 
person  from  collecting  coral  or  shells  fntm  i-.ny  jxtrtion 
of  the  said  seas  in  which  the  water  is  of  tlie  dejtth  of 
one  fathom  or  less. 
Provided  also  t'.at  it  shall  be  lawful  for  the  Governor  in  Executive 
Council  from  time  to  time  or  at  any  time,  by  notifica- 
tion in  the  Government  (Utzcfte,  to  alter  tlie  limits  de- 
fined in  Schedule  B  hereto,  or  exempt  any  ]»ortion  or  portions  of  the 
seas  within  the  '■jaid  limits  from  the  operation  of  this  Ordinance. 

10.  (1)  Any  chauk,  bechede-mer,  coral,  shell,  boat,  canoe,  raft,  vessel, 
dredge,  or  iipi>aiiitus liable  to  forfeiture  under  this  Or- 

chnnka,  &c.,  iiaido  (ijujjm.g  mjjy  {je  scized  by  any  ofiicer  of  the  customs  ov 


Collection  of  clianks, 
l)6clie-de  •  iiier,  coral , 
or  shells  in  tlic  sens 
between  Slannrtr  and 
Cliilaw  prohibited. 


Penalties. 


Proviso. 


Proviso. 


tlie   nearest 
house. 


custom- 


to   forfeiture   uiav  be 

seized  and  detained  at  policc,  or  bv  ally  lieadiiinn,  or  bv  anv  person  appointed 
for  that  purpose  m  writing  by  tlie  government  agent  ot 
the  i)rovince  or  the  assistant  government  agent  of  the 
district  within  which  such  seizure  is  made,  and  when  seized  sball  be 
conveyed  to  the  custom-house  nearest  to  tlie  place  of  si>izure  and  there 
detained  until  the  court  having  .iuiis(li<ttit)n  in  tlie  matter  has  deter- 
mined whether  the  same  shall  or  shall  not  be  forfeited. 


AUSTRALIA. 


467 


Penalty  on  seizing 
ofticor  nt'nlecti«<{  to 
convey  seizure  to  iiis- 
tum-houNe  witliiu  a 
reiiHooable  tinis. 


(2)  If  any  siicli  officer,  headman,  or  person  sliall  nejjlect  to  have  any 
chank,  br*che-de-mor,  coral,  shell,  boat,  canoe,  raft,  ves- 
sel, dredge,  or  apparatus  seized  by  him  conveyed  to 
such  custom  house  within  a  reasonable  time,  he  shall 
be  guilty  of  an  ott'cnc«.'  and  liable  to  a  tine  of  one  hun- 
dred rupees. 

11.  (1)  Every  prosecution  under  this  ordinance  may  be  instituted  in 
the  police  court  of  the  division  in  which  the  offence  was 

committed  or  where  the  offender  is  found,  and  such  j„Hsluctfoii"^**"''"^' 
court  may  by  its  order  declare  and  adjudge  any  chank, 
bt'che-de  nier,  (;oral,  shell,  boat,  canoe,  raft,  vessel,  dredge,  or  apparatus 
seized  and  detained  xinder  this  Ordinance  to  be  forfeited,  and  such  for- 
feiture may  be  in  addition  to  any  other  punishment  hereinbefore  pre- 
scribed, anything  in  the  Criminal  Procedure  Code  to  the  contrary  not- 
withstanding. 

(2)  All  forfeitures  may  be  sold  or   otherwise  disposed  of  in  such 
manner  as  the  poli<'e  court  may  direct. 

12.  It  shall  be  lawful  for  the  court  imposiuga  flue  under  thisOrdinance 
to  award  to  the  informer  any  share  not  exceeding  a 
moiety  of  so  nuich  of  the  tine  as  is  actually  recov- 
ered and  realised. 


Informer's  share. 


Kankdsaiiturai 
Kayts 


Schedule  A. 


SCIIEDrLE  B. 


Jaffna 
Fds^lai 


Eastward  of  a  straijilitliiie  drawn  from  a  point  six  miles  westward  of  TalaimannJlr 
to  a  point  six  milt-.s  wentward  from  tlic  wliore  two  miles  south  of  Tr.Iiiivilla. 

Passed  in  Council  the  Nineteenth  day  of  November,  One  th(msand 
Eight  hundred  and  Ninety. 

H.  L.  Crawford, 
Acthuj  Clerk  to  the  Council. 

Assented  to  by  His  Excellency  the  (xovernor,  the  Twenty-fifth  day  of 
November,  One  thousand  Eight  hundred  and  N'.iiety. 

E,  Noel  Walker, 

Colonial  Secretary. 


i-'-ii 


J*- 


AUSTRALIA. 

AN  ACT  to  royulate  the  Pearl  Siu'll  and  IJtche-de-mer  Fisheries  in  Australasian 
Waters  adjacent  to  the  Colouyof  (.^ueenslnnd. 

[RosRrved,  'JOfli  .Iminaiy,  1888;  Queen's  assent  proolainicd  IDtli  July,  1888.] 


WHEHEAS  by  certain  Acts  of  the  Parliament  of  the  Colony  of 
(Queensland  pi'ovision  has  been  made  for  regulating  th(^ 
JVarl  Shell  and  IJcche de-mer  Fisheries  in  the  terri- 
torial waters  u\'  that  ( -oioiiy;  And  whereas,  by  reason 
of  t"lie  geographical  i)<)sition  of  many  of  the  Islamls 
forming  a  i)oriion  of  that  Colony,  vessels  employed  in 
such  Fisheries  are,  in  the  prosccuticni  of  tiieir  business, 
sometimes  within  and  sometimes  beyond  the  territorial  Jurisdiction  of 
Queensland:  And  whereas  it  is  expedient  that  the  provisions  uf  the 


r.i  Vic.  Xo.  1. 

The  (Queensland 
rearl  Shell  uuillieehe- 
(le-iiier  Kislirrics  (Kx- 
tiiitei'i'itoriiil).  Art 
of  1HK«. 

I'reiunhle. 


H:= 


:f'tj,*; 


mi 


Ml 


'<ii 


'm 


■;| 


11 


,  t;,m 

4 


ii 
.  -I 


i'  Ii 


^l  I 


4()8 


FOREIGN   STATFTES. 


said  Acts  sliould  extend  and  apply  to  suoh  vessels  during  all  the  time 
during  which  they  are  so  eniph»yed,  and  that  for  that  purpose  the  pro- 
visions of  said  Acts,  so  far  as  they  ar(^  applicable  to  extra-territorial 
waters,  should  be  extended  to  sucli  waters  by  an  xVct  of  tiie  Federal 
Council  of  Australasia : 

Jie  it  there/ore  enacted  hi/  the  Qneeii's  Most  Excellent  Majesty,  by  and 
icith  the  advice  and  consent  of  the  Federal  Council  of  Australasia,  assem- 
bled at  Hobart,  in  the  Colony  of  Tasmania,  and  by  the  authority  of  the 
same,  as  follows: 

1.  This  act  may  be  cited  as  "  The  Queensland  Pearl  Shell  and  Beche- 
short  title  ami  com-  dc-mer  Fisheries  (Extra  territorial)  Act  of  1888,"  and 
mtmoement.  shall  commence  and  take  eftect  on  and  from  the  date 

of  Her  Majesty's  assent  thereto  being  proclaimed  in  Queensland. 

internretati.m.  4ij  '^-  ^^  ^''^^  ^^<'t  the  following  tcrms  shall,  uiilcss  the 
Vic  xo.  2  (Queens-  coDtcxt  otlierwise  indicates,  have  the  meanings  set 
""  ^'  *■  ■  against  them  resi)ectively;  that  is  to  say — 

"Australasian  waters  adjacent  to  (Queensland."  i\li  Australasian 
"Australasian waters  ^'^^^rs  witliiu  the  Umits  described  in  the  Schedule  to 
adjacent  to'Queeils.  this  Act,  cxclusive  of  watcrs  within  the  territorial 
lan.i."  (Schedule.)     Jurisdiction  of  the  Colony  of  Queensland ; 

*  ****** 

Note. — The  Seotimis  of  this  Act  wliich  are  omitted  contain  fai'ther  deftnitions  of 
tevnis,  and  ntiniit)!  provisions  as  to  liciMiscs,  contracts  with  soamiMi,  the  payment  of 
wages,  the  reporting  of  deaths  and  desertions,  and  the  legal  process  for  the  enforce- 
ment of  the  Act. 

19.  This  act  applies  only  to  British  shiijs,  and  boats 
attached  to  British  ships. 

THK   SCUKUULK, 


Limitation  of  act. 


All  waters  included  within  a  line  drawn  from  Sandy  Capo  northward  to  the 
southeastern  limit  of  the  (Jreat  Harrier  Ueefs,  tlieiK'e  following  the  line  of  the  Grewt 
Barrier  Reefs  to  their  northeastern  extremity  near  tiie  latitude  of  nine  and  a  half 
degrees  south ;  thence  iu  a  north-westerly  direction,  embracing  East  Anchor  and 
Bramble  Cays,  theuce  from  Bramble  Cays  in  a  line  west  by  south  (sontli  seventy- 
nine  degrees  west)  true,  embracing  Warrior  R(H'f,  Saibai  and  Tnan  Islands,  thence 
diverging  in  a  nortli-westerly  direction  so  as  to  embrace  the  group  known  as  the  Tal- 
bot Islands,  thence  to  and  embracing  the  Deliverance  Islands  and  onward,  in  a  west 
by  south  direction  (true)  to  the  meridian  of  one  hundred  and  thirty  eight  degrees  of 
east  longtitude,  and  thence  by  the  meridian  southerly  to  the  sliore  of  Queensland. 


AN  ACT  to  regulate  the  Pearl-Shell  and  Beche-de-mer  Fisheries  in  Australasian 
Waters  adjacent  to  the  Colouy  of  Western  Australia. 

[Reserved  4th  February,  1889;  Queen's  assent  proclaimed  18th  January,  1890.] 


,52  Vlct.  The  West- 
ern Australia  Pearl 
Shell  and  Beoliede- 
llierl''i,sh('ries(  Extra- 
territorial) act  of 1889. 
Preamble. 


WHEREAS  bycertain  Acts  of  the  Legislative  Council 
of  Western  Australia  provision  has  been  made  for  reg- 
ulating the  Pearl-shell  Fishery  in  the  territorial  waters 
of  that  Colony;  And  wlicreiis  vessels  emph)yed  in  such 
Fisheiy  are,  in  the  prosecution  of  their  business,  sometimes  within  and 
sometimes  beyond  the  territorial  jurisdiction  of  Western  Australia; 
And  whereas  it  is  expedient  that  the  inovisions  of  the  said  Acts  should 
extend  and  apply  to  such  vessels  during  all  the  time  during  which  they 
are  so  employed,  and  that  for  that  puri)ose  the  jirovisions  of  the  said  Actf, 
so  far  as  they  are  applicable  to  extra  territorial  waters,  should  be  ex- 
tended to  such  waters  by  an  Act  of  tlie  Federal  Count;  il  of  Australasia; 


}3''30'S. 


Prepared,    iit  tfm.    Oftix:e.  of  the.   U.  S.CocjlsC 
aruJ.     (ieodM'txjc.    Sur^'ey 

Stifiejintendcnt. 


't 

mi 

% 

i 

l" 

:4 


l!;'j 


If  ."■#'i 


.;• 


I) 


Tm  •tUHNII  MTtRS  ro  .  TMOTO-    ■ 


PEAR;L    FISHERIE^S 
OF   jAUSTRALIi^ 

Area  marjked  A  covered  by  "  Th^ 
Queensland  Pearl-Shell  and  Beche- 


I      S       0       U      T       H 


de-Mer  Fisheries  (Kxtra-territo^al) 
Act  .of  1888'.' 
Area  marked  h  covered   by  "  The 
eslem  Austral ianPearl- Shell  and 
Beche-de-Meif  Fisheries  (Extra- 
ritorial)  Act  ,0^488  Sr 


SBOH'S. 


•<)  ^  f  a .     o     two" 


WiUci 


j4-' 


'■^t' 


<liO' 


■'iil 


¥■ 


I; 


iLGERIA 

of  the   Coral  Fisheries 
le   Coast  of  Algeria. 


if 


-1 1 1.'; 


lO'fl 


■     i        ^ 


m 
"in- 


V ;  1! 


i  ...-al 


FRANCE. 


469 


And  \vlu'i«niH  it  is  dcsiniblo  tlii>t  tlu'  provisions  of  fho  sai<l  Acts  should 
iippl.v  to  persons  iiiid  vessels  eii;;ii<jio«l  in  the  IJeehe-de -mer  Fishery  in 
like  manner  lis  to  tlie  I'earl-shell  l-'isjieiy: 

/>V  //  eiutvf^tl  hjf  fhr  (Jiinn"n  Mn.sf  UnrUcnt  Majrsti/,  bif  unil  iritli  the  ad- 
rice  and  votiKvut  nf  fhr  Fvdvral  Coiiiivil  of  AnsUudasia]  assrmhled  at  Ho- 
hart,  in  the  eoltnii/  itf  Tasmania,  and  Itif  the  authority  of  the  name,  as/ol- 
loics: 

1.  Tliis  Act  may  l)eeited  as^'Tlie  Western  Australian  IVarl-shell  and 
lU'clie  (le-nier  I'^islieries  (ICxtra  territorial)  A(!t  ollHSl)," 
and   shall   take  elVeet  on  and  from  the  date  of  Her 
Majesty's  assent  thereto  beinji'  |U'oeIaiined  in  Western 
Australia. 

L*.  'I'his  Act  applies  only  to  British  ships  and  boats 
attached  to  I5ritish  ships. 

;>.  In  this  Act  tln^  follow  inj;  terms  shall,  unless  the  context  other- 
Avise  indicates,  have  the  meaiiin"s  set  ayainst  them  re- 
spet^tively;  that  is,  to  say : 

"Australasian  Waters  adjacent  to  Western  Australia."  All  Austral- 
asian waters  within  the  limits  described  in  the  schedule  to  this  A(!t, 
exclusive  of  waters  within  the  territorial  jurisdiction  of  the  colony  of 
Western  Austialia: 

*  ****** 

Xori';. — Tin- sections  of  (liiHact  wliiili  arc  omittcil  contain  further  dclinitioiis  of 
terms,  and  niinnt<'  provisions  as  to  licenses,  the  emitloynient  and  discliarge  of  seu- 
nicn,  and  the  h^jjal  process  for  tlie  (inforctjnient  of  the  act. 


Sliorl  lilliiiiul  com- 

IIICIK  rllll'Ilt. 


Limitation  of  net. 


sciiK.inr.K. 


A  iiarallelo<j;riini  of  which  th(>  Nintliwostcrn  corner  is  in  lonftitnde  112 ^52'  East, 
•Tnd  latitnde  lir  ■>()'  Sontli,  of  wliicii  the  Xorthcistern  corner  is  in  h)njritn(le  12!)-^ 
ICast  ami  latitnde^  i;5  ;{|)' sonlii,  of  wiiidi  tln^  Sonihwestern  corner  is  in  lon>;itndo 
112  "(2  Kast,  and  hititude;>r»  S  8onlh,  and  of  wliicli  the  Southeastern  corner  is  iu 
lonyitudo  121)^  East,  and  latitnde  It")    s   South. 


% 


I  '■ .  i 


FRANCE. 
DECR]^  DU  DIX  MAI,  1862. 

Art.  2.  Sur  la  demande  des  ])rnd'  hommes  des  peclieurs,  de  leurs 
deleg'ues,  et,  a  defaut,  des  syndics  <les  j^ens  de  nuT,  certaines  peches 
])envent  et^•e  temporairement  interdites  sjir  uue  etendue  <le  m«'rau  dehV 
<le  trois  milles  du  littoral,  si  cette  nu'sure  est  commandee  par  rintV'iet 
de  la  couservatiou  des  fouds  on  de  la  peclie  de  poissons  do  passage. 


DECREE  OF  MAT  10,  1862,  BY  THE  GOVERHTMENT  OF  FRANCE. 

[Translation.] 

Article  II. 

Upon  the  retjuest  of  the  expert  fisheiiiu'ii,  of  their  rei)resentatives,  or, 
for  the  want  of  them,  of  the  syiulicati^s  (or.oanizations)  of  sea-faring 
men,  certain  llsheries  maybe  temporaiily  foi'l>id<len  ov«'rau  extent  of  sea 
situat«Ml  beyond  three  mih's  from  tln^  slnu'c,  if  such  nu'asure  is  retpiired 
ill  the  interest  of  the  preservation  <»f  the  bed  of  the  sea  or  of  a  fishery 
coun)osed  of  migratory  lishes. 


i            1 

V      f 

1.      j 

'Mt   l»Onitl3   TLUO*   CO      m4OTO-l-TM0      W»«4IH<IT.)N,   0    C 


fllANCE. 


460 


Miiiltatiiiii  ol'iu't. 


And  wluTi'iiH  if  is  dcsiriildc  llii»t  tlic  piovisions  of  tlio  said  Arts  should 
aHply  to  pcisoiis  and  vessels  en^-aj-ed  in  Mio  IJechc  deincr  Fisln'iy  in 
like  nninn«'r  as  totlu'  I'earlsliel!  I'islieiy: 

lU'  it  t'uarfnl  hij  the  ifiitrn'H  Mn.sl  ExnlU'ttt  MaJ'^yfi/,  hi/  amf  icitli  tlir  ad- 
rire  an<l  voiisnit  of  llir  h^'tlinil  (UtuitcU  of  .\nstr'  hisio,  assi mhled  at  Ho- 
hurt,  ill  the  voloni/  if  Tafiiiiniiiit,  ami  hi/  l\u  uulhoiitij  of  the  name,  anfol- 
hues: 

1.  Tliia  Aetnniv  IxH-ited  as"Tlie  Westorn  Australian  Pi-ail-shell  and 
IUm'Iu' de  iner  l''islM'iies(l'Atra  tenitdilal)  Aetof  18S!>," 

..  1         I       II     4     I  tv      i  1     ^  «.i  1     i  !■     1 1  Muiitlili,  anil  rum- 

nnd   sliall  takt^  elieet  on  and  fnini  the  dato  nl    Her  iiKiK.iu.ut. 
Majesty's  assent  thereto  hein^i'  pioehiiined  in  Western 
Australia. 

2.  This  Act  ajtplies  only  to  IJritish  ships  and  boats 
attached  to  [Iritish  ships. 

."».  In  this  Act   the  follow  in>;'  terms  shall,  unless  the  context  other- 
Aviso  indicates,  hav«'  the  meanings  set  against  thom  re- 
spcctively:  that  is,  to  say: 

"Australasian  VVatersadJacentto  Western  iVustralia."  All  Austral- 
asian wateis  within  the  limits  desciihed  in  tlu'  schedule  to  this  Act, 
exclusive  of  waters  within  the  territorial  Jurisdiction  of  the  i'olony  (»f 
Western  Australia: 

XoiK. — Till' sections  of  tliis  act  wliicli  arc  oinittiMl  ctmtaiu  fiirtlicr  <lclinitii»iis  of 
tonus,  ami  niiniitc  piox  isions  as  to  licenses,  tlie  eiiiplovuient  and  dlscliiir^e  of  wea- 
nien,  and  the  legal  [irocess  for  tho  enforcement  of  tlie  act. 


SillKI)tI,K. 

A  jiarallelogvam  of  which  the  Xorthwostcin  corner  is  in  longitnde  112 '."2'  East, 
and  latitude  i;{  lilt  Sontli,  of  which  tlie  Xorthcastern  corner  is  in  longitnde  12!H 
Kast  and  latitnde  11$  ;!(»  south,  of  which  the  Southwestern  corner  is  in  longitude 
112  T>2  Kast,  and  latitude:!."*  8  South,  and  of  which  the  Rjoutlioastcru  corner  is  iu 
longitntle  121)^  East,  and  latitnde  I?")    S  Sonth. 


FRANCE. 

DECRET  DU  DIX  MAI,  1862. 

Atit.  2.  Sur  la  demande  des  i)riur  honnnes  des  i»eclieurs,  do  lours 
delejji'ues,  ot,  a  defaut,  «les  syndics  des  j^ens  do  iner,  eortainos  pechos 
l)euvent  etro  temi)orairemeut  interditos  sur  une  etenduo  d«'inei'au  dela 
tie  trois  millea  du  littoral,  si  cotte  nu'suro  est  oonunaudeo  par  rinteret 
de  la  conservation  dos  touds  on  do  la  pecho  do  poissous  do  passage. 


DECREE  OF  HAY  10,  1862,  BY  THE  GOVERNMENT  OF  FRANCE. 

ITriiiisliitinn.] 

Article  II. 

TJi)on  the  roquost  of  the  expert  tishormen,  of  their  roprosentativos,  or, 
for  the  want  of  tluMU,  of  the  syndicates  (oryaiii/ations)  of  soa-farinff 
men,  c»'rtain  lishories  maybe  temporarily  forl>iddon  over  an  extent  of  soii. 
situated  Iteyond  tliree  miles  from  tlu^  shore,  if  such  measure  is  ro(|uired 
in  the  inten'st  of  the  i)resorvati(m  of  tho  bed  of  tho  sea  or  of  a  fishery 
composed  of  miyratiuy  tlshos. 


il 


>H' 


i  \ 


^m 


\mi 


470  FORKKJX  STATUTES. 

ITALY. 

STATUTES  AND  DECREES. 

fFvoin  'Todii'O  ppv  la  Miuiiia  IVreiraiitilc  del  Kejiiio  d'  Italia,  i)ro- 
inuljiato  coil  l{.  l)i'ci('t(t  2.~>  ji'iiij'no  ISii.!,  n.  L'.'JtiO.  in  base  alia  Lcf^jLic  i)«'r 
r  nnificazioiie  jiiiidiziaria  in  data  li  ajtiik'  18G.">,  ii.  2LM5.     Milano  *  *  * 

JS(M."1 

#  #  *  ;.  #  #  * 

1  t'J.  La  pcsca  i\o\  <'oi'all(>  nci  inaii  dcllo  Stato  sara  sott'oposfa  al 
pajiaiiuMito  di  nii''  annua  soiiuna  da  slabiliisi  con  dccreto  icah'. 

iiC  iiavi  cstero,  Ic  ([iiali  iion  sicuo  ^icr  tiattati  anuncsse  a  pcsciir*' 
alle  stcssc:  <'ondi/ioni  <l('llo  na/ionali,  i)a^lR'ianno  il  dctppiu  del  eanoiu', 
dji  stabilirsi  come  sopra. 


LEGOE  CHE  REGOLA  LA  PESCA  NELLE  ACQUE  DEL  DEMANIO  PUBBLICO,  £  NEL  MARE 

TERRITORIALE. 

[N.;!T(lti  (Sfiic  •_'«),  ili'l  4  iiiiii/,()  1S77.] 


M 


!„ 

* 


TiTOLO   I. 

I) ispos izioii i  ge torn  1  i. 

Art.  1.  La  prosente  lej^^e  rejiola  la  jiesca  nolle  acqiie  del  denianio 
piibblico  e  nel  marc  territorialc 

llimanj^ono  inaltcrate  Ic  disposi/ioni  conteiiutc  nd  Codice  dclla 
marina  mercantile  v  in  altre  \i"^'^\  siilla  poli/ia  (b'llc  acquc  e  della 
navi^Xa/.ione,  siil  trattamento  da  usarsi  verso  yli  straiiicri  e  srile  con- 
ct'ssioni  di  pertiiieiizc  del  denianio  pubblico  e  di  mare  territorialc. 

Airr.  2.  1  rejiolamenti  per  la  esecii/.ione  di  (jiiesta  U'lX'^o  e  le  succes- 
sive loro  moditicazioiii  saranno  approvati  per  decreto  Iti^ale  sopra  i>ro- 
posta  del  Ministro  di  a{;;ricoltura,  imliistria  e  coinmercio.  jjievio  il  pa- 
rere  dei  Coiisiuli  jir  .vinciali,  delle  Caiiiere  di  coinmercio  e  dei  <'apitaiii 
di  jxirto.  nelle  ciii  c  rcoscri/ioni  Ic  (lis|)osi/ioiii  rej^(»lamciitari  do\  raiiiio 
essere  api)licate,  e  previc)  il  parere  del  Consio-ljo  siiperiore  dei  liivori 
pubblici  e  del  (Joiisijilio  di  Stato. 

Kssi  determiiieraiiiio: 

1.  I  liiiiiti  entioi  (|uali  avranno  vi^ore  le  noriiie  ri<>aardanti  la  i)esca. 
marittima  e  (pielle  rij-iiardanti  la  p«'sca  llnviale  e  laciial'*  iiei  liio^lii 
ove  le  acipic  dol'.i  soiio  in  coinniiicazione  con  (|uelle  salale; 

2.  I^e  discipline  c  le  proibi/.ioni  necessarie  per  conservare  le  specie 
dei  jiesci  e  dej;li  animali  ae(piatici  e  relative  ai  liio<;l:i,  ai  tempi  ai  modi, 
a};li  stnimenti  dclla  pcsca.  al  loro  coinmercio  e  a  tpicllo  dei  prodotti 
della  i»esca  e  al  regime  delle  ac(pie; 

.'i.  I  liiiiiti  di  <listaiiza  dalla  spia;i;iia  o  di  prolbndita  di  ac(jue,  in  cui 
saranno  api)Iicate  le  «liscipliiie  riniiardanti  la  i>esc;i  marittima,  clie  spe 
cialmente  mirano  a  tutelaiu'  la  conserva/ione  delle  spcci»>; 

4.  Le  (listanze  e  U^  altr<^  iiorme  die  i  tt'iv.i  del>baiio  osser\arc  nclP 
esereizio  della  jM'sca  in  .yenerc,  o  di  certc  pesca^iinni  speciali.  rispctto 
alle  loci  dei  tiiiiiii.  alle  toiinar*'.  allc  miiy^inare,  allc  \alli  saisc  ed  a,L:li 
stabilimenti  di  allevaiiieiito  ilci  pesci  e  deuli  alti  i  \  iveiiti  delle  ac(pic: 

5.  Le  prescri/ioni  di  polizia  necessarie  per  garaiitire  il  manteiiimento 


Mfv 


HI 


^1  Ij 


P4 


I 


','^V: 


I 


■'^* 


Prepart-dL  at   the.    Offic&   of  thje.    U.  S.  Coast, 
arui    G^jocLetic-  Sur\'ey 

Superintanderut 


r 


DISCOVERE  >    1880 


SICILY 

Coral   Fisheries  lof  Sicily. 
14,21  & 32 Triiles   from    shore. 
Discovered  1875176  &'80. 


.        41  If* 


■f>-m? 


aifl 


ITALY.  471 

dell' ordinc.  t-  hi  sicurcz/.ii  deli*'  poisouc  i;  d«;ll;i  propriota  iiell'  esercizio 
(iclhi  pcscii ; 

(i.  Tuttc  li'  iiltre  iiormc  e  suiizioiii  ri.seiviito  (vspres.saiiieute  <la  (piestii 
l('j'';4'e  ai  roj;olaiiu'iiti. 

*  *  *  #  *  #  # 

AuT.  7,  I'ofi'aiiiio  ossn-c  coiu-essi,  per  diirata  iioii  m;i<;'gi()r('  di  09 
iiiiiii  \vi\M\  di  splii<;'^'iii.  di  :ic<|ii<-  dciiiaiiiali  <•  di  mnvv  tcnitoriiilc  a 
(■(»l<)i-<>clie  iiitciniiiiio  intraprciidcic  allrvaineiiti  di  pc'.s<;i  edi  altii  aiiiiiiali 
aiMpiatici,  ikhi  cIm'.  coltivazioni  di  ('(ualli  c,  spiij«ii«'.  Tali  coiiccssioiii 
saiaiiiio  sul)Oi<iiiiat('  alle  (-(Hidi/ioni  liitliicste  <la,nii  iiitorossi  j^eiicrali; 
cd  iiioltre  a  (|iudl('  ncccssaric  ad  assicaiaic  I'  oUt'ttiiazioiie  cd  il  costaiito 
esrr«'izi(>  dell«'  intraprcsc  per  ciii  le  ('(Hiccssioiii  saranno  state  accordate. 

Akt.  S.  !•',  abolita  ic  tassa  special*'  sidia  pesea  del  ((tiallo,  stabilita 
dalla  prima  parte  <leir  art.  Ill*  del  Codice  della  marina  mercantile. 

Aim'.  !).  Le  discipline  sui  modi  e  tenijii  della [>esca del  corallosarrano 
stabilite  in  ai»p<>>iti  rej^olanienti. 

Akt,  10.  Ii«>  scojyritore  di  iin  banco  <li  corallo  nelle  ae(pte  dello  Stato, 
lacendone  la  denunzia  nei  modi  preseritti  dai  rejiolamenti  e  curandone 
la  eoltivazione.  avra  il  diritto  esclusivo  di  sfrnttarlo  lino  al  terndiie 
delle  due  sta.uioni  snccessivea  <piella  iiKMii  sarra  avv«'nnta  la  scoperta. 
J  rejiolameiiti  indiclieranno  come  e  in  <piali(!asi  (piesto diritto  esclusivo 
possa  essere  prolungato. 

#  *      •  «  *  *  *  * 

TiTOLO  III. 

DeUe  (ufrazloni  (U'Uv pcnc  e  del  (jiHilhi. 


m^A 


Art.  is.  I  reji'olameiiti  i>er  1'  eseciizioiie  della  i»resente  legji'e  po- 
tranno  stabilire  pene  peeuniarie  sino  a  lire  ."iP,  e.  per  <pianto  rifjuarda 
le  disposizioni  sidle  tonnare  e  snlla  pesca  del  eorallo.  sino  a  lire  5(10, 
salve  le  particolari  sanzioni  jtenali  portate  da  altii  articoli  <lel  presentc 


(>  <). 


Ak'T.  v.).  Se  vi  e  stata  recidiva  entro  V  anno,  le  pene  stabilite  dagli 
artieoli  preeedeiiti  dovranno  aiimentarsi  senza  perb  die  arrivino  al 
do|)pio. 

La  seconda  reeidiva,  eommessa  non  oltre  un  anno  do])o  la  jMiina, 
sara  punita  eziandio  colla  sospcnsione  dalT  esereizio  della  |>esea  per 
un  tempo  non  minore  di  ipundici  yiorni,  ne  maj;j;iore  di  un  mese. 

*  #  #  .*  #  *  * 

Akt.  LM.  Alle  infrazioni  alia  presente  leji^e,  riguardaiiti  la  pesca  nisy 
rittima,  sono  applicabili  le  norme  di  comp«'tenza  e  di  proeedura  stabi- 
lite pei  reati  marittiud  dal  CVtdice  della  marina  mercantile. 

#  #  *  *  *  *  * 

AUT.  L'.'{.  Salv*'  le  disposizioni  contenut«>  nella  presente  leji^ie,  saranno 
applicabili  alle  infrazioni  lo  norme  ,yencrali  del  Codicepeiiale,  (pudle  del 


(Jodice  di  proeedura  pen 
eantile. 


de  e  I'art.  \i\  «lel  Codiee  della  marina  mer- 


TiTOLO  IV. 


.DiKpnxizliiiii  transitorie. 
Art.  21.  Le  disposizioni  lliioia  vi,<i'eMti  sulle  materie  della  presento 


legyo  cesserauuo  di  avero 


visiore  di  inano  iu  mauo  che  verrauno  pub- 


472 


FOREIGN  STATrTKS. 


blicati  i  ivj;(>Iaiii(Miii  per  ';'  oscciiziouc  della  W'gge  modesiiua,  e  iioii  jiifi 
tardi  di  due  aiiiii  dalla  i)ubblica/i<)iie  di  essa. 

*  *  *  *  *  •  « 

Data  a  Koma  addi  4  maizo  1877. 

VlTTOR  \0    Em  AN  U  K  LK, 

MujotanaCalatahlana. 


REOOLAHENTO  PER  L'  APPLICAZIONE  DELLA  LEOOE  4  MARZO  1877,  N.  3706,  SERIE 
2",  SULLA  PESCA,  NELLA  PARTE  RIdUARDANTE  LA  PESCA  HARITTIMA,  APfRO- 
VATO  CON  REALE  DECRETO  DEL  13  NOVEMBRE  1882,  N.  1090. 

TiTOLO    1. 


!    1 

!       I 


gC 


■If 


Dis2}oNizion  i  ffcneraU. 

Art.  I.  La  ])esca  inarittiina  e  disciplinata  dalla  legge  4  niarzo  1877, 
n".  37l>0,  seiie  11%  o  dal  present e  re^olaiiieuto. 

«  «  *  *  «  '     •  « 

TiTOLO   II. 

Disposizioni  rclatii'c  nUa  pcsca  <iei  i)esci  in  gcnerale. 

CaI'O  I. 

Mezzie  MnDiunti  mlopemti lur  la pvsca. 

Art.  1(5.  Dal  1"  dieembre  di  eiaseuii  anno  al  I"  ma<;<;i()  dell' anno 
sueeessivo  e  vietata  la  ]>e.sea  eon  reti  ed  altri  api)are('elii  a  strascieo, 
tirati  da  galeyii;ianti,  nelle  acijue  del  iiiare  shut  a  tre  eliiloinetri  da 
qinilsiasi  punto  della  n»sta  o  dal  lido.  I']  del  pari  vietata,  nelle  stesso 
])ei'iododi  tempo,  la  detta  pesea.  oltre  tale  liinite,  a  piolbndita  niinoro 
<li  otto  nietri. 

Art.  20.  Durante  1'  eserclzio  delle  toiinare  e  proibito  ai  teiv.i  dl  eser- 
eitare  qnalsiasi  specie  di  pesea,  eompresa  (piella  del  corallo,  »'  di  aeeen- 
«lere  fuoeiii  ad  una  distanza  minorc  di  cintpie  cliilctnietri  sopia  vento, 
ed  un  <'hiloinetro  sotto  vcnto  dellt^  tonnan;  inedesinie,  salvi  i  niaiigioii 
diritti  elie  potessero  eonipetere  ai  proprietaii  di  ([Ueste  in  Ibiza  di  eon- 
cessioni  autecedenti  all'  entrata  in  vij^oie  del  pri'sente  leyolainento. 
•  #  *  *  #  ■     *  * 

Capo  III. 

PcHca  del  cornlh. 

Art.  20.  Nel  mare  tenitoiiale  la  pesea  del  eorallo  puo  effettuarsi  in 
tutti  i  tempi  dell'  anno,  salve  le  restrizioni  saiieite  dal  presente  re{4'o- 
lamento. 

Art.  27.  Chiunque  intenda  armare  una  o  piu  l)aichee adoperarle  alia 
seoperta  di  banchi  di  eorallo,  dovra,  aj-li  ettetti  <lell  'artieolo  29,  eorania 
2",  del  presente  rejiolamento,  larne  dieliiarazione  serirta  alia  autorita 
marittima  del  luojio  in  cui  esj^guisea  I' armaments,  od  a  ([uella  del  luogo 
in  eui  intenda  attiuire  le  esplorazioni. 

La   detta  autorita  preuderii,  nota  di  tale  diehiarazioue  in  ap;podto 


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ITALY. 


473 


rcfiisfro,  ('  lu'  diiii'i  iitto  ill  (lirliiiinmtc,  siilhi  licciizii  ili  im-scji  incsciittii 
(lair  iirticoio  1 14  <li'l  ('(xlicr  dcllii  iiiiiiiiiii  iiuMCiintilc. 

(^iiiiuilo  il  (li(  liiiiriiiitc  iiviii  scopcrto  rll't'ttiviiiiK'iitc  iin  banco  di  in ►- 
lallo,  (lovi'ii  tanic  <leiiiiii/.ia  all'  aiitoiita  inaiittiina  locale. 

,\UT.  L'S.  Coliii  clic  avra,  allelic  sciiza  aver  latto  dieliiaiazione  pre- 
veiiti\a,  s<'opi'itn  iiii  banco  di  coiallo,  yodia  i  beiieli/.i  di  cnl  all'  aiti- 
colo  lOdclla  Ie;.:^e.  purclic  laccia  la  dciimi/ia  Judicata  iiell' ultimo  aliiicii 
dell'  aiticolo  preccdeiite. 

AIM". -'1>.  (^Miaiido  noil  sia  provato  a  clii,  iVa  i  diversi  coiitciidcnti, 
debbasi  la  piciedcnza  nella  scopeita  di  iiii  banco  di  corallo,  si  iei)iitera 
scopiitoie,  nci  lispctti  aniiiiiiiistrativi,  coliii  die  piiiiio  ne  avra  fatto 
tlcnnnzia, salvo  il  ricoiso  all"  aiitoiita  yiudiziaria,  iiei  sensi  dell'  aiti- 
colo ."»l.'. 

Jsel  casodi  siniiillanea  dciinnzia,e  salvo  seiiipre  il  sopradetto  ricoiso, 
si  icpnteiii  scopiitmc  coliii  die  |»er  prinio  abbia  fatto  tale,  i)i'evcutiva 
<licliiara/.ione,  a  norma  del  1"  e  if"  comma  dell'  articolo  157. 

A UT.  .">(►.  Mon  saranno  coiisideiati  come  nuovi  baiicbi  (|uelli  clie  fos- 
sero  diiamazione  o  parte  di  altii  piece(l<'iitemente  stVnttuti  ed  abban- 
doiiati,  oppiin'  in  attiialita  di  slriittameiito. 

.VR'I'.  .il.  La  <leiinii/ia,dicni  ajili  aiticoli  ]>recedenti,  dovia  «'onteiieie 
le  indicazioni  neccssaii*^  per  i>iccisare  la  siliiazidne  e  1'  estensionc  del 
banco  s(()p»'rto.  e  le  didiiaiazione  della  volonta  di  escrcitare  il  diritto 
concesso  dalla  lejij^'e. 

I/antoritii  marittima  prendera  iiota  della  deniinzia  nel  rej;istro  indi- 
cate* neir  aiticolo  L'7.  e  ne  daiii  atto  sulla  liceiiza  di  pesca. 

La  deniinzia  sara  piibltlicata  jx'r  mezzo  di  avviso  aH'iillicio  di  porto 
ed  air  ali)o  i»ietorio  del  comiiiie  piii  prossimo  al  liioj^'o  della  scoperta, 
nonclie  air  alb(»  della  capitaneria  di  [lorto  e  dA  comiine  capoliiop)  del 
<'om])artimento. 

N«'ir  av\iso  saranno  diilidati  coloro  die  possoiio  avervi  interesse  a 
l»reseiitare  eiitro  iin  inese  le  loro  op|iosizioiii. 

AuT.  32.  Decorso  il  termiiie  rmlicato  ndl' articolo  preccdente,  il  ca- 
l»itano  di  pcnto  trasmettera  la  deniinzia.  i  rdativi  d(»cnmenti  e  le  op- 
posizioni  die  Ibssero  state  preseiilate  al  Ministero  di  ayricoltiira,  in- 
dnstria  e  coinmeicio.  il  (piale.  riconoscinta  la  cpialita  di  s<'opritori,  ne 
rilascera  api>osito  attestato,  salvo  alle  parti  il  ricorso  dell  autorita  giu- 
diziaria. 

Aim.  .■)."».  (^)iialora  noii  insoruano  contestazioiii,  lo  scopiit*  re,  aiicho 
in'iina  die  sia  rilasciato  1"  attestato  miiiisteriale.  potra  sl'rnttare  esclii- 
sivanieiite  il  bamT»  scoperto,  piirdie  ne  abbia  latto  la  deniinzia. 

Nel  caso  di  contestazioue.  T  autorita  marittima  del  liiojt'o  impedira 
tale  cseicizio  tindie  I' un(»  o  Taltro  Ira  i  contendeiiti  non  abbia  otteunto 
il  ricuiiosciineiito  della  (pialita  di  sc»»pritore  per  parte  del  ministero. 

Akt.  :U.  Oji'ii  (U'ssione  del  diritto  escliisivo  spettante  alio  scopritore 


dovra  essere  notilicata  all'  autorita  marittima  competeiite,  coll'  indica- 
zioiu'  del  iiome.  coj^nome  e  domicilio  del  cessimiario, 

x\i{T.  o5.  Dnrante  resercizio  del  diritto  esdiisivo  lo  ■; ;,,  ritore  di  uu 
banco  di  corallo  dovra  mantcm'ic  a  i»roprie  spese,  e  p'  •  i)ilineiite  nel 
centro  della  iM-riferia  del  banco  medesimo,  iin  gallegf-iante  validainente 
assicurato,  sul  (^uale  sara  fermata  una  )»iastra,  rilasc'iata  daH'auttnita 
marittima,  indicant<^  il  conii)artimento  maiittimo,  il  nome  dello  scopri- 
tore. ed  il  gi(Miio  della  scandenza  del  diritto.  Tale  piastra  sara  rilasciata 
dair  autorita  marittima  a  spese  dell'  escrccntc. 

La  rimozicme  di  tale  gallc^iante,  per  caso  indipendente  dalla  volonta 
dello  scopritore,  non  piegindicbera  il  suo  diritto, imrdie  egli  lo  rista- 
bilisca  al  piii  jaesto. 
60 


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474 


roHKioN  sTAirrics. 


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fi!:il 


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Akt.  .'?<'».  II  ;Jiril  to  «'scliisi\()  si  cscrrihi  iicllii  in'iilcii;!  <li  riiunu'r«'iito 
iiK'tt'i  iiitonio  :il  pill«';>'Kiiiiit(>,  tli  ciii  all'  iiitirolo  iMfccdcnli'. 

l'iiiti<M|M('sta  pnili'iia  c  viclatoai  tn/i  la  pcsra  <U'I  t'»nalli». 

Art.  .">7.  \a'  sta^^ioiii  ilt>lla  prsca  <l<>l  coialln.  iinliratc  all'  aiticolo  1(1 
(It'lla  U><;;;«>.  Iiaiiiu)  priiirlpio  rol   1"  iiiaiv.o  <■  liiiisrniiiM-nl  10  ottolti't'. 

Ni'l  tiMiipo  intciiiiftliM,  iVa  una  sta^ioiic  o  I' altra,  iioii  rcsta  iiitcnotlo 
il  tliritio  «li  t'srliisi\  in  t'scicizio. 

Art.  3S.  (^ualora  1*  oscrcizio  di  mi  baix-oMi  forallo  sia  iiiipcdito  il:i 
])!iutVa<;i(),  inccixiio.  ;>'iu>n'a.  hlocco  ol  alhi  casi  d'  iiilortiiiijo  <>  ili  for/a 
nia,u'j;i<»re  per  una  parte  ra.ii,iiiiai<l('V()l('  di  una  sta^Monc,  il  Minisit'riu  di 
afi'ncdltura.  industiia  e  ronniicrcio,  sopra  duuLanda  dell"  iuteressalo, 
V<»tra  prorojiare  l»>  »>sercizi(»  i)er  una  sta^iione  si:cc»'.ssi\a  oltre  ii  <|uelle 
(Mii  aveva  dirilto. 

Qualora  I'  InipetliMienti)  perduri  per  tutto  il  peiiodo  staliilito  dallii 
lejij^c,  (juesto  potra  esseie  protiatto  per  diH'  altrc  stauioni  .snecrssive. 

La  relativa  donianda  dovra  essere  <'(>rr«>data  da  una  rela/ione  I'atta  e 
<'ertitir;i:ta  <linanzi  alle  aulorita  e  nei  modi  iuilieali  dayli  Jirticoli  SM  o 
;}!(>  del  Codieo  di  eoiuniereio. 

TlTCLO  IV. 

Disponizioni  <//  carat trtr  htvolc. 

Art.  30.  Sono  eonsiderati  e<nne  ilixtntfi  til  pisca,  ajjli  elfetti  <lel  pre- 
tsente  rej^olamento.  quelli  stahiliti  dal  ie<;i(>  deereto  10  lebbraio  KSTS, 
u".  4l.'9-4,  serie  L'\ 

Akt.  40.  In  eiascun  distretto  sarantio  Mss(>rvate  le  disposizioiii  sjmv 
eiali  eonteuut*'  in  (piesto  titolo,  nunostante  ([Ualuinpu^  disposizione 
diversa  o  contraria  dei  titoli  preeedenti. 

*  *  *  «  «  «  « 

Art.  84.  ft  jtroihita  la  pesea  dri  corallo  fino  a  ■)00  inetii  dale  foniin- 
rrlle,  e  fino  a  uii  eliilonietro  dai  luoi>lii  in  eui  si  jiesea  il  prsce  spatla 
per  tutto  il  tein|)o  in  <'ui  <pieste  ix'scln'  saranno  in  pieno  esereizio,  salvo 
il  caso  di  particolari  convenzioni  t'ra  ^li  inteicssati. 

•  •  *  «  4k  «  • 


Titolo  V. 
Tnfrazioni  c pent'. 
Art.  90.  Le  contrawenzioni  a^^li  artieoli  3,  i,  7,  S,  0,  II,  12,  10,  22, 

23,  24.  44,  4r>,  4(;,  4s,  r»2,  53,  r»4,  r>.j,  .j(i,  ."»:,  r>s.  .".i),  (jo,  r.i,  (J2,  (;3.  o<»,  as, 

71,  72,  73,  74,  78,  70,  SO,  SI,  S2,  S4,  8a,  SS.  S<>  del  presente  re},'olaiuento 
saranno  punite  eon  pena  peenniaria  estcnsibilc  a  lire  einciuanta. 

Art.  01.  La  distruzione,  le  riniozioni  e  le  inufazi(»ni  ai  sejiuali  ^i'al- 
lejj'^iianti  di  eui  nell'  artieolo  35  latte  da  terzi,  saranno  punite  eou  niidta 
da  lire  .">1  a  300. 

Art.  02.  Loscopritore  dei  nuovi  banelii  di  eorallo,t'ln',  eon  lo  si)osta- 
inento  dei  segnali  }iallej«<iianti  di  eui  all'  artieolo  35,  si  adoperi  ]>er  es- 
tendere  il  sno  cselusivo  cscreizio  oltrc  i  liniiti  asst'<;nati  nell' artieolo  80, 
sara  i)unit«)  eon  ninlfa  «la  lire  51  a  200. 

Ogni  altro  eontravventore  alle  dis]»osizioni  dell'  artieolo  30  sara  pn- 
nito  con  ntulta  da  lire  4(K)  a  500,  <'d  il  corallo  pescato  in  eontravveu- 
jcione  sara  se(iuestrato  e  devoluto  all"  avente  diritto. 

•  #••••• 


ITALY. 


475 


REOIO  DECRETO  CON  GUI  E  FATTA  UN  AOOIUNTA  ALL'  ARTICOLO  84  DEL  REOOLA- 
MENTO  SULLA  PE8CA  MARITTIMA.  APPROVATO  CON  REOIO  DECRETO  13  NOVEMBRE 
1882,  n.  1090  (SERIE  3'>),  NELLA  PARTE  RIOUARDANTE  LA  PESCA  DEL  CORALLO. 

•  *••••• 

Art.  1.  All' iirticnlo  81  del  n'^»tliiiii('iit()  di  pcscii  tisiirittiiiiii,  ai)i)i'o- 
\i\\o  ((111  i(';;io  (lecit'to  l.'J  iioveiiibre  1.SS2,  n.  lUSIO  (seiie  .'}»),  soiio  ji}{ 
•;iuiiti  i  s('<>'ii<'nti  ('oiniiia: 

"La  pcscii  del  '.oiiillo  iiei  iiiari  di  Sciacca  «•,  lejjolata  dallo  seguenti 
dis|Misi/i<)iii: 

••K|»r<»il>ita,  lino  a  tut  to  il  IS!»1,  sid  haiu'o  scopeito  ncl  187.');  gli  altri 
baiiclii  saiaiiiio  divisi  in  /one  v  il  tnriio  di  cst'i'ci/io  ilella  prsca  .sn 
ciascnna  di  csso  saia  lissato  a  cnia  d«'i  ininisteri  della  marina  v  dell' 
ajiiifoltma,  indnstria  c  coininrrcio,  st'condo  ciu'  sani  riconosdiuto  coii- 
V(>ni<>nto,  in  annoiiia  allccondi/ioni  (M)ralli<>'(>ne  d«'i  hauchi  .stessi.  Delia 
rizolnzionr  sara  data  iioti/ia  al  i»ni)l>li('(>  a  mcz/o  di  notitica/Jone.  dello 
(•apitanerie,  di  porto  del  Ucji'iio. 

"Ti'rminata  col  1S!)1  la  pioiliizont;  di  ]»esca  sul  banco  scoperto  ncl 
1S7"»,  la  pcs<'a  stcssa  saiM  sn  di  csso  cseicitata  per  turno  conic  e  pre- 
scritto  |)cr  ^li  altii  hanchi." 

v>rdinianio  cUc  il  pit'sciitc  dci-rcfo,  ninnifo  del  sigillo  dello  Stato,  sia 
inserto  nella  raccolta  utiiciale  dolle  lcji';,'i  e  dei  decr«'ti  del  lie;;no  d'  Ita- 
lia, mandando  a  cliinnqne  spetti  di  osscrvailo  e  di  farlo  o«servarc. 

Dato  a  Koma,  addi  l-'l  apiile  1887. 

Umbeuto, 


REOIO  DECRETO  CHE  MODIFICA  IL   1    COMMA  DELL'  ARTICOLO  84  DEL  REGOLA- 

MENTO  SULLA  PESCA  MARITTIMA. 

[t!9  cliceiiibro  1888.] 

•  •*#•«* 

Art.  1.  Al  I"  comma  dell'aiticoh)  84 del  ie<;olamentodi  i)csca  nuirit- 
tima  ai)pro\ato  con  rcjiio  dccreto  l.'i  novembre  18S2,  n.  lO'JO  (seiie  3»), 
e  agj^^innto  il  sejincnte  comma: 

La  pescadcl  corallo  nel  mare  di  Sciacca  c  pntibita  teniporaneamonte. 

Art.  2.  Le  disposizioni  del  rejiiodecroto  21  aprile  1887,  n.  4485  (serie 
3"),  snlla  pesca  del  corallo  nel  mare  di  S«'iacca  sone  ahroj^ate. 

Ordiniamo  che  il  presente  decrc'to.  ninnito  del  sij^illo  (lello  Stato,  sia 
inserto  nt'lla  raccolta  ntliciale  delle  lej;,iii  e  dei  decreti  del  Eej;no  d'  Ita- 
lia, mandando  a  cliinn<(ne  spotti  di  osservarlo  e  di  tarlo  osservare. 

Dato  a  Itonni,  addi  20  dicendnt^  1888. 

Umbehto. 


'Snii 


■'  ''iff" 


1 1« . 


■^MTm 


r 


i  ft    s?;:/ 


ii-^1 


\       ;! 


rJi 


REQIO  DECRETO  CHE  REVOCA  IL  DIVIETO  TEMPORANEO  PER  LA  PESCA  DEL  CARALLO 

NEL  MARE  DI  SCIACCA. 


[7  geniiaio  1802.] 

Art.  1.  A  decorrcrc  dalla  campajj;iia  di  posea  del  1893  (>  revo(^ato  il 
divietotemi)oraneo  per  la  pesca  del  corallo  nel  maredi  Sciacca  .stabilito 
coir  articolo  1"  del  iiostro  decreto  29  diccndirc  1888,  n.  5888  (serie  3''), 


I 


47r; 


FdK'KKiX    SI  ATI   I'KS. 


i: 


lonno roatando  (iiianto  i  rcsciivc  F  mticolit  SI  del  rcj^olaiiKMifo  di  posca. 
marittima,  appiovato  col  rojiiodct  rcto  lA  novt'iiibic  ISSL',  n.  lOJK)  (scric 

OrdiniaiDit  clii'  il  picst'iitc  (Iccicto.  niiiiiito  ^\^>\  sijiillo  drllo  Stato,  sia 
iiisi'ittt  lu'lla  ia('c<>lta  iitlicialc  dolU'  l(',ir,iii  *'  <1«m  d<'»'ieti  del  IJcj,mi(>  d'  Ita- 
lia, iiiaiidando  a  cliiuiKpio  spctri  di  ((ssci'varlo  «•  di  {'arlo  osscrvan'. 

r^HF-UTo. 

CODE   FOR   TIIF,    MF.1J<"1IANT   MAKIXK    OF   THE    KINGDOM   OF  ITALY. 

ll'iililislicd  hy  lioyiil  Dimiic  .it'Juiie  "Jj,  IgOJ,  No.  23J0.] 
|TiMiish(liiii).] 

•  *****• 

Sec.  1  12.  TluM-oral  lislinios  in  flic  seas (d'  the  State  sliall  ho  sn1)j«M't  to 
tlir  pavinnit  of  an  annual  siiia.  tlic  anionnt  ol' wldcli  .slial!  be  l)\<>d  hy 
Jvoyal  Dccioc, 

Koit'ijiii  vessels  whicli  are  aot  entitled  by  treaties  to  lisli  on  the  same 
4'onditions  as  the  national  vessels  .shall  i>ay  d(»id>le  the  amount  eonleni 
plated  by  the  preoedinj;;  elanse. 


LAWS   OF  ITALY  l{E(jri.AT!N(i  THE  (  ulfAl.  1  ISHEUIES  IN  Till;  WATEUS 
OF  THE   I'lBLIC    DOMAIN    AND    IN     IlII'.   TKKlliTOlllAL  SEA. 

LKo.  :i70(i  (liil  >,vi,^i      M;irch  II  li,  IS77.] 
|Tr;iii>l;iliiiij.  | 

Section  1. 
General  I'rorisions. 

Atjt.  1.  Tlie  i>rosent  law  rejiulali's  tlie  tisherios  in  the  waters  of  the 

yublie  domain,  and  in  the  territorial  sea. 

###♦#*• 

The  iM'Ovisions  contained  in  the  Merchant  Marine  Code,  and  in  other 
laws  relatinji'  to  the  water  police  and  na\i<:ation,  remain  un<han;:'ed,  a.s 
rejiards  the  treatment  (ttt'orei^ners,  and  as  regards  <iiants  in  tlu'  puldic 
domain  and  the  territorial  sea. 

Akt.  2.  The  rejiulations  for  the  execution  of  this  law  and  of  their 
successive  inodilieat ions  siiall  be  aitpro\etl  l>y  IJoyal  l)e<a-ee  upon  the 
]uoposition  of  the  .Minister  ot  Agriculture.  Industry,  and  Comnn'rc«', 
alter  the  I'rovineial  (Joiineils,  the  Chaniiiers  of  Commerce,  and  the 
Harbor  masters,  in  wlios«'  districts  the  rej;ulation  shall  apply.  ha\<'  been 
heard,  and  attci'  the  Superior  Council  of  rublie  Labors  and  the  (jonncil 
of  State  have  been  consulted.     These  regulations  shall  deteiinilH* — 

1.  The  limits  within  wliith  shall  l)e  in  force  the  rc^rnlatious  lejiard- 
in<i'  the  sea  lisheries  and  those  ic^ai'din^'  the  river  and  lake  lishories,  in 
places  where  the  fresh  waters  connunnicate  with  the  salt  waters, 

L'.  The  discii»liuary  and  prohibitory  nu'asures  which  are  necessary 
for  the  pi'eseivation  of  the  various  spe<'ies  of  lish  and  other  a<piatic  an- 
imals, as  regai'ds  localities,  seasons,  methods  of  tishin^  and  lisliini:' 
apparatus;  as  rejiards  trade  in  (ish  and  tisliciy  prodn<'ts,  and  the  ad- 
miuistratitui  of  th«'  waters, 

.'»,  The  limits  of  distance  IVom  the  coast,  and  of  the  dei)th  of  watei- 
within  which  tlu' (lisciplinary  nn-asures  specially  tendiiiji  to  tlu'  i)rot»'c- 
tioii  and  presersation  of  the  xarious  kinds  of  lish  shall  apply. 


ITALY. 


477 


4.  The  (lisfcjMicos  iiii<l  iiilt-s  wliicli  outsiders  shall  obseivo  in  ciniy- 
iii<>'  on  lisin'rivs  in  general,  ov  eeifain  speeial  fisheries,  with  rej;ar(l  to 
the  mouths  of  rivers,  the  tunny  tisheries,  the  mullet  lisiieries,  an<l  with 
reji'ard  to  estahlishnients  I'oi:  raising'  lish  and  other  atiiiatie  animals. 

").  The  poliee  icjiulatious  whieli  are  necessary,  in  (uder  to  ji'uarantcM^ 
the  maintenance  of  ordei'  and  the  security  of  |iersons  an<l  ai»paiatus 
whilst  employed  in  tlie  tisheries. 

(>.  .Vny  otiuT  rules  and  rej^ulations  expressly  reserved  hy  this  law 
for  the  rej^ulation  o\'  its  executitui. 

*»###♦* 

Akt.  7.  'I'ractsof  coast,  of  the  domain  waters,  and  of  the  tei-ritovial 
sea  may  be  .^ranted  for  a  term  not  exccedinu'  '•!>  years,  to  any  person 
who  intends  to  en,u'a,i:<'  in  the  raising  of  lisli  and  other  acpiatic  animaiN, 
except  the  cultivation  of  »*.ora's  and  sp(Hi:n«'s.  Such  lirants  shall  lu' 
subordinate  to  the  condit  ions  wliicl:  tlie  ueneral  interests  reciuire.  ami 
which  are  necessary  for  etl'eclini;  t  he  constant  exercise  of  the  measures 
foi'  which  these  j^rants  haNc  been  made. 

.\KT.  S.  'I'iie  s|»ecial  tax  on  the  <oral  tisiieiies.  establislied  by  the  1st 
|»art  of  ArticU'  1  lU  of  the  Merciiant   Marine  Code,  is  abolishefi. 

Akt.  0.  I'roidbitoiy  UH'asurt's  as  rejuards  the  coral  tisheries  will  be 
established  by  the  reyulalions. 

AR'I'.  10.  The  discoverer  of  a  coral  bank  in  the  waters  of  tli<  Static 
wh(»  makes  an  announcc'iient  of  his  discovery  acecudinu  t»t  the  manner 
prescribt'd  in  the  re<;ulal  i<nis,  and  w  lio  intends  to  cult  ivate  this  baidi, 
shall  have  tiie  exclusive  ri^^ht  to  reap  the  fruits  of  the  same  (lurin;^-  two 
successive  seasons  Ibllowiny  the  (Uie  (Uuiiiji  whi(h  the  discctvery  has 
been  made.  Th<'  rej^ulat ions  will  show  in  what  manner  and  in  what 
eases  this  cxelu>i\  e  rij^ht  may  be  extended. 

»  #  *  *  tt  #  # 

Section  III. 


iL.';srii? 


Iiijhtctioiis  «!/(»/  I'ciialties. 

AiJT.  18.  The  n'yuiations  tor  the  execution  of  the  present  law  may 
fix  liiu's  up  to  "id  lire,  as  rt'.i;ards  \iolalionsof  the  |uo\  isions  lelatiujn' 
to  tlie  tunny  lislu'ries  and  tiie  coral  lisiieries,  and  up  to  .'((MMire,  subject 
to  the  spe<'ial  penal  re.uulat ions  contemplated  by  other  articles  of  the 
present  section, 

Aur.  11>.  li  the  \i(»lati(m  (»ccurs  a  second  time  within  a  year,  the 
lines  lixed  Ity  the  precediiij;-  article  may  lu'  increasetl,  but  shall  not 
reach  doubie  timt  amount. 

The  sec(»iiii  \i(dali(m  which  occurs  within  <uie  year  from  the  lirst 
shall  be  punislKMl  by  a  suspensitui  of  the  tishiug  rijihts  for  a  period 
not  kwvs  than  two  weeks,  ami  iu)t  exceedin,ii  one  month. 


.\UT.  IM.  The  rules  and  modes  of  procedi.  c  fixed  by  tlie  iMerchant 
MariiM^  Code  lor  «'ases  id'  maritime  crimes  shall  apply  to  infractions  of 
the  pr«'senir  law  icjiarding  the  st'a  li.-^lieries. 


Art.  2:5.  Subject  to  the  pr(»visi(Mis  conlaim-d  in  the  piesent  law,  the 
general  regulations  of  the  Penal  Code,  the  Code  of  I'enal  l*roce<liire, 
and  of  Article  1  11  of  the  Merchant  Marine  Code,  shall  apply  to  the  in- 
fraetioiis  of  the  law. 


478 


FORKIGX    STATUTES. 


I 


^^ECTION    IV. 

Te  mpo  ra  ry  1  'ro  r  is  Ion  s. 

At{T.  24.  The  provisions  vcliitinj;'  to  tliosnbjcct-innttor  of  tlio  prosoiit 
law  shall  (H'asc  to  lu'  ('(l'o<'tivo  at  such  dalrs  as  shall  bo  published  tVoiii 
time  to  tiiiu' ill  the  iMjiiilatioiis  t'or  the  execution  of  the  law,  and  not 
later  than  two  years  frcmi  the  pnldieatiou  of  siieh  re.unlatlons. 

(liven  at  J{on»e,  March  4,  1S77. 

Victor  ^::\IA^•^  el. 


t'.it 
nil 
ol 


■'■T 


REGULATIONS  Ft)R  TIIK  EXKri'TION  OF  THE  LAW  OF  MARCH  4TII.  1S77, 
KO.  ;{7(M»,  L'l)  SEKIKS.  l{Er-ATIN(;  TO  THE  l''ISIIEl!IES,  AS  REtJAlJDS 
TUE   SEA   FISIIEKIES. 

[Aiii>ro\  f(t  by  l;.>.\  m1  l).>nv.»  of  Xovcmlifr  13,  1S82.    No.  1090.] 

Section  I. 
Gciural  I'rovifiions, 


m 


Jill' 


Art.  1.  The  sea  fisheries  ai'e  reunlated  by  the  law  of  March  4th, 
1877,  No.  37<i(;.  anil  by  the  present  re;4,ulat  ions. 


Section  J  I. 
JProvisions  rcUithifi  to  the  Fisheries  in  general. 


Chapteu  I. 


Mranfi  and  .-tiipiirnliiK  nxal  in  the  Finheries. 

Art.  10.  From  the  1st  Decemln'r  in  e.ith  yejir  till  the  1st  May  ip. 
the  follnwiii;;-  year  lishinji'  witii  nets  or  ;iny  other  lloatiii;;'  appaiatus  is 
prohiliitt'd  in  the  waters  ot'  tiie  sea  at  a  distance  of  less  than  three  kilo 
meters  tVoni  any  point  on  the  coast.  Dniiiij;  tiic  s;une  jierind  this  kind 
of  lishin;^-,  outside  the  limits  iinlieated,  is  prtdiibited  at  a  (lepth  of  less 
than  S  meters. 


Art.  1*0.  During'  the  tunny  lisherics  it  is  jnohibited  for  otluM-  per 
sons   to  carry  on  any  kind  (»i'  lishcvy.  including'  coral  lislieries,  and  to 
light  tires  at  a  distance  of  less  than   live  kihuneters  to  the  leeward,  or 
one  kilometer  to  the  windward  fiom  the  tunny  fishery,  the  only  «'\cep 
tions  being  mad;*  in  case  of  grants  ;nid  privileges  behuigitig'  to  owners, 
issued  i»rior  to  tiie  present  regulations. 


CuAiTr.u  IIL 


Cural  I'inhirka. 


Art.  20.  Coial  fisheiies  may  be  carried  on  in  Italian  waters  at  all 
times  of  the  year,  suliject  to  the  restrictions  ol'the  lu'csent  regulations. 

\\{'\'.  27.  Any  one  who  int«'mls  to  lit  oat  (Uie  or  nntr*'  boats  Ibr  coral- 
tishing  on  the  Ijuuks  must,  in  accoi'dance  with  article  21>, 2u(l  clause,  of 


ITALY. 


479 


\'.\e  prcsciii  rofjiilations,  iiiakc  written  (leclaration  to  that  ofU'cot  to  the 
iiiaritimc  authorities  of  the  jihu-e  wliere  he  intends  to  fish,  and  of  tlio 
place  where  he  hts  out  his  hoats. 

Tlie  antliovitics  referred  to  sliall  make  a  reeord  on  th<'ir  books  of  said 
(h'claration,  anl  issu«'  the  liecnse  preserilied  by  Artiele  144of  tiu^  Mer- 
cliaiit  Marine  Code: 

When  tile  person  wli(<  lias  made  said  dcchuation  has  discover«'d  a 
(Miral  bank  he  must  annonnre  tiie  fact  to  the  local  nniritinie  authorities. 

Ai{T.  L'S.  Any  one  u  ho.  witlioul  lia\  inu' made  thedeclaration  referred 
to,  discovers  a  coral  bank  shall  enjoy  the  privile<i('s  ae(;ordcd  by  article 
10  of  the  law,  provided  he  makes  the  ainiouneenient  referred  to  in  the 
last  parapjraph  of  the  |»i'ece(lin.i;  Article. 

AifT.  !".».  If  it  (  nnniit  be  pr(»\cd  to  whom,  aim>nji  the  various  <'laini- 
ants,  belongs  the  precedence  in  havinu'  dis<'overed  a  eoral  bank,  the 
person  who  lirst  made  the  ani.onncenn'nt  shall,  foi'  administrative  pur- 
]ioses,  be  c<»nsidered  the  (iisc(»verei-,  subject  to  recourse  to  the  Judicial 
authorities  in  the  sense  of  article  ;!L'. 

In  case  of  simultaneous  announcement  by  several  jtersons,  lu' shall 
be  considered  tliedisc(t\erer  who  liist  makes  the  declaration  nuMitioned 
in  para<4ra])hs  1  and  L'  of  article  I'T. 

AiiT.  3i).  Hanks  tbrminj;  branches  or  partsof  banks  which  have  been 
formerly  worked  and  have  been  abandoned  are  n(»t  considered  as  new 
banks. 

Akt.  ol.  The  aniuMincement  referred  to  in  the  prece(lin«rarti«'les  must 
contain  the  indications  necessary  to  deliiu'  the  location  and  extent  of 
the  diseoveiefl  ba»;l<,  and  a  «leclaiati»ui  that  it  is  the  intenticni  of  the 
discoverer  to  comply  with  all  the  provisions  of  the  law. 

The  maritime  authoiities  will  eriter  this  announcement  on  the  records 
referred  to  in  Article  L'7,  and  will  issue  the  fishery  license. 

The  announci'ment  shall  be  published  by  means  of  a  notice  ])osted 
at  the  port  odice  and  at  the  town  hall  of  tlu'  township  neaj'est  to  the 
place  of  discoveiy,  as  well  as  at  the  harbor  master's  (»llliceand  at  the 
town  hall  of  the  capital  of  the  district. 

In  this  notice  it  shall  Ix'  stated  that  anyon<'  who  may  have  any 
ttbjectjons  to  offer  shall  offer  the  sanu'  within  one  month. 

Aim.  3L*.  After  th«'  jteiiod  indicated  in  tlie  precedin.i>'  article  has 
elapsed,  the  harbor  nnister  shall  transnn*  the  aniniunceuM'ut,  the  doc- 
uments relatinu'  thereto,  and  any  obje  iions  which  may  have  been 
offered  to  the  Minister  of  A,uriculture.  Indiistiy.  and  (  omnu'ree,  who 
shall,  after  having  examined  into  the  character  of  the  discoverer, 
approve  the  annonneenu'nt,  leaving  to  parties  \  iio  amy  object  the 
recourse  to  the  Judicial  authorities. 

Akt.  Xi.  If  no  contests  have  arisen  the  discoverer,  Mft<'r  having  re- 
<'eived  the  miin'sterial  ap|n-o\al,  has  the  exclusive  right  to  work  the 
bank  which  he  has  discovered,  provided  the  pr<»per  notice  lias  been 
given. 

In  <'(mtested  cases  the  local  maritime  authorities  will  stop  tlie  work- 
ing of  the  bank  until  one  or  tlie  other  of  the  contestants  has  been 
recogni/ed  by  the  ^Minister  as  the  discoverer. 

Art.  .'M.  The  granting  of  an  exclusive  right  to  the  discoverer  must 
b<'  notified  to  the  proper  maritime  autlKuities,  with  the  full  nan ,e  luul 
residence  of  the  discoverer. 

AlJT.  ;{r).  During  tlu'  exercise  of  the  exclusive  right,  the  discoverer 
of  a  coral  bank  shall  keeji.  at  his  own  exix-nse,  and  as  far  as  possible 
in  thee«'ntreof  thecircnmfert'uceof  said  bank,  a  boat  securely  anchored 
disi)layitig  a  sign  issiu'il  by  the  nniritinie  authorities,  indicating  the 


i^ 


■); 


:;r!i£i' 


;  '  i    ! 

,1:  j 

Wit 


I 


,;.? 


480 


FOREIGN    STATUTES. 


iniuitiiiH'  (U'i);ivtiiuMit,  the  name  of  the  discoverer,  and  the  (hite  when 
the  rij»lit  will  terminate.  This  si}i;n  will  be  issn«'(l  by  the  maritime  au- 
thorities at  the  expense  of  the  i>ers(»n  exercisiiij;-  th«'  rij^ht. 

The  removal  of  this  boat  by  anyactioa  independent  of  the  will  of  the 
discoverer  will  not  [>reju<liee  his  right,  provuled  he  re],tlaees  it  as  soon 
as  i)raeticable. 

Art.  .'?(».  The  exelusive  ri,t;lit  is  exercised  within  a  rinaimference  of 
500  nu'ters  from  the  boat  nn'ntioned  in  the  [»re('edinu  Article. 

Within  this  t  ircumference  no  other  person  is  allowed  to  engage  in 
coral  lishing. 

Akt.  M.  The  seas(m  of  coral  li shin. g,  indicated  in  article  10  of  the 
law,  In'gins  on  the  !  st  of  March  and  ends  on  the  10th  of  October. 

The  right  (»fthe  exclnsiv*'  exercise  of  the  < oral  lisheries  is  not  inter- 
rupted by  the  interval  between  one  season  i'lid  the  next. 

Art.  3S.  If  the  working  of  a  coral  bank  has  been  impeded  by  shij*- 
wreck,  contlagrati()ns.  war.  blockades,  or  other  misfortunes,  or  by  the 
interference  of  a  lligln'r  Power,  during  a  season  (»r  part  of  a  season, 
the  Minister  of  Agricultuie.  Industry,  and  ( 'Ommcrcc.  at  the  request  of 
thepeison  interested,  shall  extend  tlie  right  f(U'  another  season  beyond 
the  term  of  the  iuiginal  grant. 

If  these  impediments  continu«>  thnuighout  the  entire  period  hxed  by 
the  law,  the  i)eiio<l  may  be  pr(»l(>nged  by  two  successive  s<>asons. 

The  ie(piest  must  be  acconipar.icd  by  a  n'port  duly  certified  by  the 
prop«'r  authorities,  in  accordance  with  the  provisions  of  Articles  'SM 
and  310  of  the  Commercial  (Jode. 


Section  IV. 


% 


>     (. 


Ft'ovhions  of  a  hoail  Cliaractcr, 

Art.  .'>9.  The  divisions  established  liy  I'oyal  l)e('rec(tf  February  f(Uh, 
1S7S, No.  t'JOt,  Seiics L*.  ;ire  considered  as  lishing  districts  as  regards  the 
present  rcgidation.s. 

\\IT.  10.  In  ciich  distiict  the  special  jnovisions  contained  in  thisscf-- 
tion  shall  be  obseiv«'d,  even  if  s(»iiie  of  t  hem  conllict  with  those  of  the 
preceding  sc«;tion. 

Art.  <S4.  Cm-al  fishing  is  prohibited  within  500  meters  from  tunny 
fisheiies.  and  within  one  kilomelei'  tiom  tlie  places  wher<'  swordlish  are 
caught,  during  the  entire  period  when  thest*  lisheries  are  going  on, 
except  in  cases  whci'c  bv  special  agreement  between  the  |»crsons  inter- 
ested other  arrangements  have  been  made. 


Section  V. 
Tnfractions  and  Fines. 

Art.  00.  InfnictiiUis  of  Arti<'les  :\,  4,  7,  s.  O,  1 1,  IL',  HJ.  22,  23,  24, 41,  l."», 
40,  4H,  ."»j,  r»3,  54,  .M,  ."iO,  oT,  5S,  :»0,  «'»0,  «U,  02,  (53.  00.  OS,  71,  72,  73,  74, 
7.H.  70,  SO,  SI,  82,  Sf.  S.~..  SS,  and  SO  of  the  inesent  regulati<His  will  be 
punished  l>y  a  fine  not  exceeding  ."iO  lire. 

Art.  91.  Thedestrncti(m,  removal,  or  damaging  of  the  floating  signs 
nu'ntiiUied  in  article  ;>."»  will  be  punisiu'd  by  a  fine  of  from  51  lo  300  lire. 

AuT.  02.  I''  isons  who  have  discoxered  new  coral  banks,  and  who 
I»hu'ethe  floating  signs  mentioned  in  article  35  in  such  a  manner  as  to 


ITAI.Y. 


481 


^'^  !>-' 


nnliiwCnlly  oxfcinl  flic  limits  assij-ncd  to  tlioiii  bynrticlo  S(»\vill  he  imn- 
islicd  l»y  ii  liiH'  of  iVoiii  ."»!  to  L'(K»  liie. 

Any  iiitViictioii  oi'tlu-  |no\  isioiis  of  Aiticlc  .Wi  will  be  punished  by  a 
liiH'  of  100  to  .■»0(>  jiio,  iind  the  coral  wliicii  has  been  lislicd  nnlawliilly 
will  be  seized  and  returned  to  the  person  havinj^'  a  right  thereto. 


KOVAL   DKCIfKK    OK    APKII,   L'lST.  1SS7.    MAKINd    AN   ADDITION    To   All- 

TKM.H  SI    OF   ti;k   im;< i t I, ations  i'o|{   tiik  ska   iisiikimks,  ap- 

I'UOVEDNOVEMUEK  !oTH,  ISSL',  AS  UHii ARDS  THE  COIJAL  El.SllEKIES. 

|Xc..  44S.'..) 

Airr.  1.  The  following-  clause  is  added  to  Article  St  (»f  the  regulations 
for  the  sea  tisherics: 

The  coral  lisheiies  in  the  Sea  of  Sciac<'a  are  icjiulated  by  the  fol- 
lowinjj;' provisions:  (loral  (ishiny  is  prohibite(l  till  the  end  of  the  year 
1S!H  on  the  bank  discovered  in  1S7"».  The  othei-  banks  will  be  divided 
into  districts,  each  havinj^'  its  turn  diirin.u'  whit  h  (isliinj;-  can  be  carried 
on.  The  (uder  of  these  turns  shall  be  tix«'d  by  the  Minister  of  Marine 
in  conjunction  with  the  Ministci'  of  Agriculture,  Jndustry.  and  Coni- 
nierce.  as  they  shall  deem  convenient,  in  a«'Cordance  with  the  coial- 
lU'oducing  conditions  of  these  banks.  The  public  will  be  advised  of 
these  turns  by  a  notice  from  the  Chief  Harbor  OlIitH'r  of  the  Kinjidom. 

When,  at  tlje  end  of  the  year  IS!>1,  the  prohibititui  to  lish  on  the 
bank  disco\ered  in  187.1  ceases,  tishing  on  this  bank  will  be  carri«'d  on 
by  turns,  as  on  the  other  baidvs. 

(liven  at  Koine,  April  21,  1SS7. 

Humbert. 


EOVAL  DE(;REE  Ol'  DECKMRER  2J>TII,  ISSS,  MODIFYINO  TIIK  I'URST 
PARAtafAlMI  OF  AUTIC'LE  8-4  OF  Till)  RECU'LATIONS  FOR  THE  SEA 
FISIIERIKS. 

[No.  5S88.] 

Art.  1.  The  following  is  added  to  I'aragraph  1  of  Aiticle  S4  of  the 
Regulations  tor  the  Sea  Fisheries  ajjproved  Novemlter  l.'Uh.  ISSU: 
''(!oral  tishing  in  the  sea  of  Sciacca  is  temporaiily  prohibited.'' 

Art.  2.  The  provisions  of  tlu'  Koyal  Decree  of  April  21st,  1SS7,  Xo. 
4isr)(;h'd  Series),  relative  to  the  coral  fisheries  in  the  sea  of  Sciacca,  are 
abrogated. 

Given  at  liome  December  2!),  ISSS. 

Hl'MRERT. 


■H 


1 1*"'- 


ROVAL  DE<'RKE   OF  .TAXirARY   7TII.  1S<»2,  REVOTCIXa  THE  TKMPoR  VRY 
FKOnilUTION    OX  THE  t'OUAL   FISIIEKY    IN    TIIK   .SKA  OF   SCIACCA. 

Art.  1.  The  temjKuary  pndiibifion  placed  iiptui  the  coral  tishery 
in  the  sea  of  Sciacca  by  .Vrticle  1  of  the  Decree  of  December  2!>. 
isss,  No.  .".SSS  (Series  .■>),'is  revoked,  to  date  from  the  close  of  the  tish- 
ing .season  of  l.'0;{;  the  provisions  of  Article  St  of  the  regulations  re- 
specting the  inariii"  lishcries,  approved  by  the  Koyal  Decree  of  Xoveiu- 
ber  1.},  1SM2,  No.  lOJ.O  (Serie^  .">),  will  remaiu  in  force. 

„j^  llUMliERT. 


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*,    ^' 


482  FORKKiX    STATUTES. 

NORWAY. 
19.Iu^M.    No.  L'.     isso. 

[From   ■Niii-sK    l.i.vlidciiil.'.  ISKd  .■  |.;i;:r  :ii:i.) 

liov  anj-iiJUMide  KiiMliiiiij>  al' llviil  v«m1  KiniiiaiUcns  Kysf  (*)  ('). 

\'i  Oscar.  (».  s.  V.  (IJi/irc  \  it  tcrlijiit:  At  Os  v\-  bl('v«'n  r(>ri'la,ul  <N'i  iiii 
forsaniU'dt'  (trth'iitlijii'  Sl<ntliiii<;s  JW'slutiiiini  af  l.">  <U'  .iiiiii  di'ttc  Aar, 
saaly  ikMuh': 

"Si:<'.  1.  Dot  skal  va-rr  f'<>il»u<lt   paa  ileii   FLin  stia-kiiiiiji-  vcd  Fin 
martccns   Kyst,  s(»in   Ktnijicii   lu'stcaiiin'r,  at  (lia-hr  cllei'  Jayc    llval   i 
Tidsniimiu't  tVa  Istc  .laniiar  til  rd,iian;;('ii  at'  Mai:  doji'  Kaii  llval.  drr 
or  aiiskiidt  udciilWr  Frodiiinjisfrltot,  dia-lu's  cljci"  tiljn(Mleji.i0r«'s  idndor 
(lottt's  (lia'iidsor, 

Sh(\  L'.  Hvo.  S(»m  (>vortra'<l('r  dot  i  Sec.  1  fastsattc  Forbud.  cllor  \\.v,\ 
iiojicii  Maado  ^i/i'  si<i'  dcja.utiu  i  saadaii  Ovcitia'dclso.  stralVcs  iiit-d 
li/dor  tVa  4.(MM>  til  S,(M»(»  Kroner  lor  livn-  llval,  soiu  Ja,i:('s  ollor  draOu's. 
Dm;:  skal  at'ot  Skil>s  llcsM'tnino-  inj^cn  aiidcii  end  F/rort'ii  strallos.  iiaar 
( )\«'rtra'<U'ls('ii  tT  ski'«'t  oiiten  ct'tcr  liaiis  IW'I'alin;;'  cllcr  iiicd  liaiis 
Vidciuli'  o;;-  udcii  at  lian  liar  ;;iort,  livad  <U'r  stod  i  liaiis  Mayt  for  at 
liindro  den. 

l»ostoiiiiiK'ls«'ii  i  Krimiiiallovcn  al"  .'idic  .Iiini  1S74,  2  dot  Kapitol,  Sec. 
40.  sidst*'  l*a>siis,  Koiniiier  ikko  til  Anvoiidolsr.  (-') 

8Fi(i.  1  Sa.yoi',  dor  rois*'  siy  at'  Ovortiiodolso  at  iiaMva-rendo  Lov.  l>o- 
liandlos  vod  Foiitirct.  Foi-  IJi/idcr,  livorino«l  l'\/ror  ollor  Ifodrr  Idivor 
anseot.  hotter  Skiix-t. 

Sec.  4.  Na'r\a'roiido  Lov  skal  ikko  va-ro  til  Hinder  lor.  at  nnin  kan 
bonia'^ifi^ic  si;;-  llval.  soni  tin<los  landdrovon  oiler  i  saa\ot  Tilstand  dri- 
vondo  i  S/en. 

Sec.  .">.  Denno  li<»v  tra'dor  i  Kialt  Isto  .lannai'  na-sto  Aar  o;ii'  skal 
g;ia'ldo  i  >"»  Aar." 

Thi  have  Vi  anta,ii('t  o;;  hokra'I'tot,  li;;osoin  N'i  horvod  antayo  o;; 
bokra'lte  donne  Ijoslutnin^i  soni  Lnv. 

5  Jam  AK  issi. 

[Knmi     Norsk  I.ovl  idi'riilr.  1881  ■' i^yr  7.] 

Plakat  indoholdondo  IJostenmielsi'r  om  I''redniii;i'  at"  llval  vo<l  l-'in- 
uiarkons  Kyst.  ( ') 

Vi  Oscar,  o.  s.  v.  (>.ji/ire  vittorli^it : 

1  Kraft  at"  Lov  aii^iaaoncb'  Frcdnin^' af  llval  veil  Fimiiarki'iis  Kyst 
af  I'.hlo  .Tiini  isso.  Sec.  l,o;''  under  llenvisnin;;  til  sainnic  httvs,  Sees. 
li,  3,  4  oy:  .">  fastsa-ttos  horvod: 

Faa  llavstra'knin;;en  vcd  I'inniarkons  Kyst  i  on  Afstand  af  indtiloii 
^■•oo^iratisk  Mil  fra  Kyston.re;iiiet  fra  den  ydorsto  y)  ellor  llolino.soin  ikke 
ovorskylles  af  Ilavot, skal  dot  indtil  Vidoro  va'ic  forbiidt  at  dra-bo  oiler 
ja^io  llval  i  Tidsrmninot  fra  Isto  .laniiartil  IM^ianjiii'ii  af  Mai. 

l''or  N'aranjioriiordons  \'edkoininondo  blivordia'tidson  for  den  frode<lo 
Stra'knin{,f  iidad  mod   llav»'t  on  rot   Linio  trnkkon  fra  Kibor;;na'S  til 

OUckjcinllnj.  L"_'.lmii  i  Lovt.,  Ist.-  Mil.,  No.  I'd. 

(')S(f  Sth.  link.  No.  :U  o«;  II  ojr  IiKlst.  ().  No.  II  for  187il  Riiiiit  Stli.  fi.l.  for  s.  A.. 
Forli.  i  Otii.,  S.  IIt7-!t!t;  Sili.  I'rp.  No.  JS,  Indst.  <t.  No.  Id  oj.  l»ok.  No.  II  oo  ,-,|  lor 
ISHOHaiiit  Sth.  lid.  tors.  A..  Foiii.  i  ()tli.,S.  :S!tl-lL'L' o"  ,■.:{(;  o;r  i  I, III. ,  S.  XH-<J!(  og  111. 

( •')  Cfr.  L.     II  I'rcilii.  atS;i'l  i  Noniisliiivtt  iif  IS  Mai  ISTti,  .So<'.  -'. 

(')  IJekieiidtyj.  «  .Jainiiir  1»81,  i  Lovt.  Istc  Aid.,  No.  1. 


\ 


NORWAY.  4S3 

ririiMi(l.so-.Tiik()l»s('lv,  doj;  siiiiledcs,  at  dct  oysaa  iidonlor  (Irmio  liini*^ 
skalvii'icforldKlf  i  dcii  ov«'naiif(/irteTi«l  at diicbr ellrr  jaj;»ill\al  i  U<ntei'«! 
Alslaiid  fVa  Kystcii  vrd  KiluMyiia's  end  I  jirojuralisk  Mil.  (') 
Ilvoiiel'ter  allc  N't'dkoiimieiidt'  .si»  iiiideidaiiiyst  liavo  at  letti'. 

LAW   or   NORWAY  OP  JINK  1J>,   18S0,  KKLA'I'ING   TO   TIIK    PllOTErTION 

OF   WHALES. 


'rniiisliition.] 


Skc.  1.  It  sliall  1k'  prohibited  on  that  pait  oftho  sea  on  th('«'(tast  of 
Fiiiiaarkon  which  tlic  Kiii;^  will  define  to  kill  or  ehase  wliales  duiini;' 
the  period  extending  from  the  1st  (dManuary  till  the  end  of  Ma\  :  hat 
whales  which  h.ive  l)een  wonnded  ontside  «»f  the  limits  of  pi'otecticc. 
may  he  killed  or  he  ntiliz<'d  within  these  lindts. 

Skc  L'.  Any  one  violatinji  the  provisions  of  Section  1  or  ln'cominii' 
party  to  such  violation  will  be  pnnished  by  a  lin«'  of  from  t. (»(»(►  to 
S,(I0()  kroner  for  ea<'h  whale  which  is  chascMl  or  killed.  Of  a  ship's  crew, 
however,  none  but  the  caj)tain  shall  be  ])nnished,  if  the  law  has  been  \  io- 
lated  either  by  his  ordei'  or  with  his  knowlcdji'e  and  if  he  has  not  done 
eveiythinj;  in  his  jxtwer  to  prevent  snch  violation. 

The  provisions  of  the  last  «'lanse  of  section  40  of  chapter  LJ  of  the 
Criminal  Law  of  .lunc  .'}rd,  ISTt,  shall  not  apply.* 

Skc.  •>.  Cases  arising;'  fi(»m  vi(tlations  of  the  present  law  are  treated 
before  the  ]>olice  courts.  For  tines  to  which  *^he  captain  or  the  owner 
of  a  \  essel  has  become  liable  the  vessel  is  held  as  a  ple<l;;('. 

Skc.  t.  The  juesent  law  shall  not  prevent  any  one  from  takinj;' 
|»(»ssession  of  a  whale  which  has  Iteen  driven  ashore  or  which  is  found 
lloatiu<>'  in  the  sea  in  a  wonnded  condition. 

Skc.  r».  This  law  shall  ;;(Mnto  operation  on  the  1st  of  .lanuary  of  next 
yeai' and  shall  remain  in  force  for  live  years. 

IMv'ocl.AMA  rioN  CONIAIMNO  I'lli:  KMUMT-A  TloNS  IfKLATIVK  To  THE 
IMJOTI.CI  l(»N  (»F  WIIALKS  ON  TIIK  COAST  oK  KL'  iVLVKMvEN',  .lANU- 
AKV   .■».    ISSI. 

Ivcfcrrin^i'  to  the  law  of  .lune  l!>th,  ISSO,  lelative  to  the  lU'otcction  of 
whales  on  the  coast  of  l"'inmarken,  it  is  hcrcity  ordered: 

In  the  sea  »m  the  coast  of  Kiiimaiken,  at  a  <listance  not  exeeedinji' 
one    •••cofiraphical   niih'   fiom   the  coast,   counted   from   the  outerm(»st 
islands  (u-  rocks  which  ar«'  never  covered  by  the  sea,  it  shall,  until  fui' 
ther  notice,  be  i)r(»hibited  to  kill  or  chase  whales  durin^i'  tin;  period  from 
the  1st  of  .lanuaiy  till  the  end  of  May. 

As  re;;ards  the  \aran<;('rl'jord.  the  limit  for  the  jjrotected  tract  and 
towai  Is  the  sea  shall  be  a  strai.uht  line  drawn  from  Kil»er;.;nos  to  the 
bounda  y,  the  .lakol)selv.  but  it  shall  also  be  piohibited  ontside  of  this 
line,  durinji'  the  season  of  protection  mentioned  above,  to  kill  or  chase 
whales  at  a  distance  of  less  than  one  j-coj-raphical  mile  from  Kib 
heriiiios.  t 


(')  ItV.  K'cs.il.  L'-J  Kclir.  ISIL'.  on  ItHMvtl.r.  IStliK 

•See  l,;i\v  (iT  Mny  IS,  IsTtt,  Scr.  L'.  n>|iii  iiuj  lit  ilic  |iri»tc(tiiin  of  soals  in  tin- I'olar."  ca 

tScf  DfL'H'.s  .)f  Fcliru:M\  22,  \X12,  iiihIOiIoIk  r  Iti,  ISO'J. 


•tr  ,  t-1  1  ■' ' 


■:i  w^' 


:f, 


-  n 


(•    t    ! 


;^'f 


484  FOHKIfJN    STATIITKS. 

COLOMBIA. 

[i'riiiii  (!ar<'l:i  dr  I'liniiiiiii.  I'Vliniary  fitli.  \>"Mi.  \i».  :t2l.] 
DECRETO  NUMERO  6  DE  1890, 

I  Pi'  'Jit  (If  iMicni.) 

soniJK  nrsEKiA  con  MA(,>riNAs  kn  i:l  dkpaijtamento. 
/•>7  (iohvrnndor  del  Ih'jxirttonnito. 

Kii  nso  (Ic  sns  iitril)U('i(»ii('s,  y  ronsidi'iiiiulo: 

1".  i)nii  la  luisrna  «oii  iiia(|iiiiias  <1«'  la  citiMlia  iinulre  ])('rla  sr  ]»in. 
1iil>i<'t  en  este  Dcpartaiiu'iito.  por  roiisidciarsc  itcijiiilicial  al  roiuciito  <le 
t'sta  iiidiistiia  dt'I  jtais; 

L'".  (i)iu'  el  Snincnio  (iobicnio  I'acnlfo  a  csta  (Mdicriiat-ioii  pai'a  jicr- 
iiiitir  la  Iniscria  t'li  dctciiaiiiadds  Indian's  dv  las  rostas  <U'l  drparta 
iiicnto,  iiH'diaiitc  el  pa^;*)  del  iiupiicsto  ])<>rcada  toiirlada  d<>  las  coiiclias 
dc  iiiadi'c  pcrla  cxtraulas  con  in:i<|uiiia: 

."5".  i}m'  la  n-caiidacioii  d«-  este  inipursto.  en  la  t'oiina  rstabUM-ida,  |nr- 
scnta  iiic<»nv«'ni«'ntt's  \mv  no  srr  tacil  avni^iuar  con  pn'cision  el  iinincro 
dc  toncladas  dc  tal  niolnsco  que  sc  (>\tral;^an  eon  cada  niixpiina;  y 

4".  (^)uc  csta  (lobcrnacion  osia  olili;;ado  a  ascj;uiar  los  intercscs  del 
Tesi.ro. 

dkcrkta: 

AKTf<'ri,(»  1".  I'ei'Miftcsc  la  Imst'iia  con  ini'hininas  en  las  <'osfas  del 
DcpaitaMicnto.coinprcndidasdc  las  IMintas  •»  Mariato"  a  '•  I>urica,"sicni- 
l»rc  (pic  i)rcvianH'nte  s«'  obtcnga  la  icspectiva  pat<'ntc. 

Au'i'i'cuLd  '_'•'.  Las  patontos,  sc  damn  por  cada  nna  nii'iqnina  (jnc  sc 
cniplcc  en  la  hnscn'a,  swam  por  nil  ano:  las  cxpcdira  el  Adininistrador 
(lencral  ^ie  Hacienda,  y  las  visara  ol  Sccrctaiio  (leiieral  de  la  (loher- 
na<':<»n  del  Dcpaitaiiiento. 

AwTicrLo  ;»".  1^1  valor  de  cada  pater.te  sera  de  doscientos  pj'sos, 
(pie  sc  consiynaran  en  la  A<liiiinistracion  (Jen«'r;il  de  Hacienda  antes  de 
sn  e\]>cdici(»n. 

AiMUTLo  4".  No  sc  dava  ]>atente  para  Imscar  «'on  iiiiKpiinas  en  el 
(lollo  de  Panama,  desdc  las  Tiuitas  "Mala"  liasta  "(laracliinr'." 

Aki'MTLci  ")".  Los  contraveiitoii's  sulnran  las  jyeiias  dc  coiniso  de 
las  niaipiiiiascon  sns  acccsorios  eiiiplcadas  en  la  extra<'cion  dclaconclia 
iiiadrc  |)crla,  y  do  una  iiiulta  i^Mial  al  i'uadriiplo  de  la  caiitidad  (pie 
coiiio  di'reclio  dehia  pauaisc  por  la  patcnte  anual.  ICn  caso  dc  in;  ol- 
vciM-ia  del  ninltado,  la  iiiiiUa  sc  coninutara  p(»r  arresto.  a  razoii  dc  iiii 
dia  i)or  <'ada  dos  jtcsos. 

AliTi'cri^o  fi".  lios  Prefectos  de  las   Provincias  del   Departaineiito, 
connini<Mran    a    los   cnijdcados   <le   su   depcndcncia    las  ordeiics  con 
dnccntes  a   iinpedir  (pic  sc  bnsi'e  con  niiKpiiiias,  sin   (pie  s(^  tcn;>a  la 
patcnte  respccliva. 

Akticilo  7".  HI  ('omandantc  de  la  Canonera  tiiti/avn  inspeccionara 
con  Irecnencia  las  costas  <lel  Departaineiito,  para  iinpedir  (pie  sc  Imsic 
con  ina(piinas  en  los  Injiares  proliibidos,  y  (pie  en  los  pcriiiitidos  sc 
lia^iii  sin  dar  cuinpliniiento  a  las  disposiciones  del  presente  Ih'crcto. 

('oiniini(pie8e  y  pid)li(piese. 

Dado  en  el  Palacio  -.U  (lobierno  de   Paiiami'i,  a  ~'.)  de  eiiero  de  1S<M», 


VA  iSecaetario  General, 


.1.  V.  AVOARDl. 

S.  McKay. 


I '•«•»■ 


THt   IKMINIf   Pf  Ttfl^  CO  ,   PMOtO-1  iTMC      w»>HI»»CTi.»»i     0    ' 


1,1" 

1^11 


.^k'iM 


«f 


ri 


'   !' 


484  KOWKKiN   STATirncs. 

COLOMBIA. 

[Fidin  (liiril;)  (Ir  l'iiii;imii,  l'.'l>iiiary  f.lli,  \<'M,.  No.  ;i21.] 

DECRETO  NliMERO  6  DE  1890. 

I  Itc  'J'.i  ill'  ciicni.l 

SOmiK    in  SKIIIA   CON    MA(MINAS    I;N    KI.    nr.l'AKTAMKNTO. 

/v/  (iohcrnador  thi  Ihpnrtinmuio, 

Kn  uso  (Ic  siis  iitrihiicioiu's,  y  fonsidt'iaiHlo: 

1".  (i>iu'  la  Itiiscna  r(Ui  iiiii(|iiiiias  de  la  coiulia  iiiadie  pcila  sc  ]>r(i. 
Iiiltio  «-ii  osto  l>t'|>ai'taiiu'iit<>.  por  cMiisidciarsr  pcijinlicial  al  l'oiii«-iilo  tie 
csta  iiidiistria  del  pais; 

L"'.  (j)ii<'  el  SiipiTiiKi  (JM])i«M'iH>  I'aniU*)  a  csta  (lolMTiiaci*'*!!  para  per- 
iiiitir  la  laiscria  «'ii  dctrnniiiados  liijiarcs   df  las  rostas  drl  tU'paita 
iiicntM,  innliaiitc  rl  pa*^'(>  drl  iiiipnv<t<>  poi' cada  toiirlada  dc  las  coiiclias 
dc  iiiadi't'  ptM'la  cxtiaidas  con  iii:i(piiiia: 

■  >".  (iMic  la  iTcaudacion  dc  cstc  iaipiicsto.  t'li  la  forma  j'stahlccida,  prc- 
sciita  in<;oiivcnicntcs  por  no  scr  t'a<-il  a\*Ti.!:nar  con  {trccision  cl  nuiiKMo 
dc  toiicladas  dc  tal  inoliisco  ipic  sc  cxtraiuan  con  cada  ni:Mpiiiia:  y 

t".  (^)iu'  csta  (lobcrnacioii  ostii  ohiijiado  ii  as«'<4urar  los  intcn'scs  «lcl 
'I'csoro. 

dkcrkta: 

AwTicrr-o  1".  I'ennit<'sc  la  Imscria  con  ini'Kpiinas  en  las  costas  del 
Dcpartaincnto.coniprcndidasdc  las  IMinlas  ••  Mariato"  a  '•  I5uric.a."siciii- 
\)Vv  <pic  prcviaiiicntc  sc  obtcnga  la  rcspcctiva  patcntc. 

Aim  I'cuLo  *-'".  I-as  patcntes,  sc  daran  por  cada  niia  inacpiiiia  (pu'  sc 
cniplcc  cii  la  hiisciia,  scriin  jMtr  tin  ano;  las  cxpcdiiii  «■!  Adniinlsiiador 
(iciu'ial  dc  liiicicnda,  y  las  \  Isaiii  ol  Sccictario  (icncral  dc  la  (i»»l»ci- 
naclon  del  Dcpartaniento. 

AlM'M'l'Lo  .'»",  l-'d  valor  dc  cada  pater.tc  sera  de  dosciciitos  pc  ^os, 
i\\\v  sc  consijinaran  en  la  Adniinistracion  (Icncral  de  Ihu-ienda  ant«'s  de 
sii  cxpcdicion. 

AKri<rLo4".  Net  sc  daiii  ]»atenfc  paia  hiiscar  con  ini'iipiinas  en  el 
(iollb  dc  Panama,  desdc  las  IMintas  "Mala"  liasta  ••(iaraeliine." 

Aliri'<"l"i,(>  ■)".  Los  coiitiavi'iitorcs  siiiVir:in  las  jieiias  dc  comiso  de 
las  matpiinas  con  sns  acccsorjos  cm])leadas  en  la  extraccion  de  la  coiielia 
iiiadre  p4'rla.  y  de  una  !nnlta  i,u:iial  al  cu:idrnplo  de  la  cantidad  tpie 
como  d«'icclio  dchia  pauarse  poi'  la  patcntc  aniial.  V.u  caso  dc  iic  ol- 
veiicia  del  niiiltado,  la  ninlta  sc  conniiitani  poi'  anesto.  a  la/.on  dc  nn 
dia  por  caila  dos  pesos. 

AuTi'cri.o  ()".  Lets  l»i<'lcctos  de  las   l'r(»\incias  del   Dcpartamenio, 
i'oiimnicaran    a    los   eniplcados   de    su    depcndeiieia    las   ordencs  ciai 
dnccntes  a   inipcdii-  (pie  sc  Inist'c  e((n  niiiipiinas.  sin    tpn-  sc  t«'n,na  la 
jKitcnte  respect  iva. 

Ahti'ci'Lo  7".  VA  Comamlantc  de  la  ('afioncra  llnjiiuo  inspoecionaii'i 
eon  Ireenencia  las  costas  del  1  )<'partanicnto,  para  impcdii- (pie  sc  husic 
eon  matpiinas  en  los  In^ares  prohibidos,  y  (pic  en  los  pcrmitldos  se 
liaji'a  sin  dar  cuniplimiciito  a  las  disposiciones  del  |»i('sentc  hecrelo. 

<'omniii(pu>.S(>  y  pnbli(piese. 

Dado  en  cl  Palacio  de  (iobierno  de   Pananiii,  a -'.»  de  eiiero  de  1S(K». 


El  tSeeretario  (Jencral, 


f. 


J.  \',   AVCARDI. 


S.  M<;Kav 


THC  Hmrms  nrtn^co 


i-WOtO-l'TM"!      l•lk^^'ll•C.T^^».     11 


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1 


DECREE  OF  THE  DEPARTMENT  OF  PANAMA,  Na  6  OF  1890. 

IKi'iiiii  liiiri-lii  ili<  I'liiiiiiiiii,  mil  KcliniaiN.  IH<NI.  Nn.  :;'.■!.  | 
ON   1)IVIN<J    WITH    MA<IIINKS    WITHIN   TIIK    DIU'AKTMEN T. 

['rriiii.Hlaliiiii.| 

Tlic  (lovcriior  of  flic  l)«'|»ii!tiii('iit,  in  the  iiso  of  Iiis  attrilmtos,  aiul 
C'oiisidci  iii^': 

1.  Tliiit  the  tlivinjr  for  mother-of  pi-arl  shells  with  iiiachiiies  has 
Imm'ii  prohil)it«il  in  tliis  (le|KirtMi<'i  t,  it  hcin;;'  considered  prejudicial  to 
the  prof^ress  of  the  indnsti-y  of  the  country: 

li.  That  the  Sn|nenio  (Joveiiuncnt  anfliorized  this  (loverninent 
(dept'l)  t(»  permit  this  diving  in  desi;;nated  places  on  the  «'i»ast.s  <»f  the 
department  on  the  payment  of  a  tax  ibr  every  ton  of  mother-ofpearl 
shells  obtained  hy  ea<-h  nnichine; 

.'{.That  the  collection  of  this  tax  under  the  estaldished  c(niditions 
was  attendcii  with  many  dilliculties,  it  not  lu'lii"  easy  to  ascertain  with 
eorrectness  the  nundter  of  tons  of  the  said  nuillusk  obtanu'd  by  eacrh 
nnnhine;  and 

4.  That  this  Government,  being  obli<4vd  to  luotect  the  interests  of 
the  Treasury, 

DKCKKKS: 

Airr.  I.  The  diving- with  machiiu's  will  be  permitted  on  the  coasts 
of  the  depaitinent  between  Points*'  .Mariato"and  "  Murica,'' whenever 
the  respective  patent  be  previously  obtaliu'd. 

Aim'.  L'.  The  ^  |)atents'"' will  be  issiu'd  to  each  machine  employed 
in  this  diving  tor  the  term  of  (uie  year;  they  will  be  issued  by  the  (leu- 
eral  Ailministratoi-  of  Finance,  and  will  be  vised  by  the  Secretary  (leii- 
eral  of  the  Departmental  (iovernnicnt. 

Akt.  .'?.  The  cost  for  ea<!h  '•  patt'Ut,"  or  permit,  will  be  >«l-'0(),  which 
will  b(^  paid  in  to  the  (ieiu'ral  Administrator  4»f  Finance  prior  to  its 
despatch. 

AIM'.  4.  No  permits  will  l)e  issued  tor  diving  with  machines  within 
the(iulf  of  Panama  from  Points  Mala  to  (iarachim''. 

AIM'.  ."».  The  transgii'ssors  will  sutVer  the  penalty  of  conhscatioii 
of  their  (living  machines  and  all  accessories  used  in  the  diving  for 
inotli('r-(»f  pearl  shells,  and  also  a  tine  etpial  to  four  times  the  amount 
which  slnaild  have  been  paid  for  tln'  annual  '' patent."  In  case  the 
lined  person  lu'  insolvent  the  tine  will  be  commuted  l)y  arrest  at  the 
rate  of  one  day's  arrest  for  evei'y  two  <lollars. 

Akt.  <>.  The  I'refects  of  the  Pr<>vinces  of  the  Department  will  in- 
struct the  employe's  under  their  Jurisdictions,  by  rcMiiiisite  orders,  how 
to  pn^vent  diving  i»y  unlicensed  machines. 

AuT.  7.  The  «'ai>taln  of  the  gunl)oat  liiti/dcii  will  inspect  the  coasts 
of  the  Department  wlieiu'ver  practicalde,  and  prevent  diving  with 
macdiines  in  piohiluted  places,  and  in  others;,  where  diving  with 
machines  is  perinittcMl,  will  see  that  the  diving  is  done  in  iiccordanco 
with  the  terms  of  this  Decree. 

I>e  it  mad(^  public. 

Given  in  the  Palace  of  tin'  (roverniu'  of  Panama,  this  20th  of  Janu- 


ary, ISJM). 
The  Secretary  Gi'iicral, 


J.  v.  AVCAliDl. 


S.  iMcKAY. 


48G 


FOK KIOX    STA'rrTKS. 


f   I 


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MEXICO. 

[SiMTi'liirlM  di'  K-iliido  y  ilrl  I>i^|Kirliii  ili-  lliiiinnhi  \  < 'nililo  Pi'ilillco,  S.M'<-ion  1.] 

Ilaltit'iMlo  |K'(li(l»>  iiistniccioiics  ii  ('st;i  sccrrriiriii  el  ji(lmiiii>tr;i(lMr  dr 
\i\  :i(liiaiia  «l»'l  I'rojurt'so  sobic  1;)  maiii'ia  cii  (jiu-  (It'lic  proct'dfi'  rcspccto 
<lf  las  costas  <le  la  K'ciHihlica,  el  Prrsnlriit*'  lia  triiiWo  a  hicii.  vu  iiso  ilt* 
las  I'acultadi's  que  !«•  coiummIc  la  tVat-cion  1  «l«'l  aitimlo  S5  <l«'  la  Cniisti 
tnciiiii,  ilt'tt'i'tiiinar  inic  sc  U's  coiuuiiitiiu'ii  las  siuiiit'iilcs  it'^^las.  <|ii*-  sun 
r\t«'nsi\  as  a  todas  las  cdstas  dc  la  iiacion  : 

I.  Ks  libit'  para  todos  los  liahitantcs  d<'  la  Ucitublica  la  pest'a  cii  siis 
aj^uas  tt'nit(»iialt's,  el  Imcro  tU-  pcilas.  y  «'l  appntvcrliainiciito  de  todos 
los  piodlK-tos  iiiaritiinos. 

II.  lios  l)U(|ii<'>  iiarioiiaU'S  podr.iii  ociiparse  dr  tiasportar  dirlios  pio- 
diU'tos.  lilnTs  dc  ilcrcclios,  sin  otra  ((Hidicion.  (kic  dc  ia  d*'  insrrihir  el 
]ioimIm'(>  i\v  la  fiiiltai'cacioii  y  los  <|f  los  tnpiilaiir<*s  <-u  la  adiiaiia  iiian- 
tiiiia  mas  iiiiii(*(liata.  dc  altiira  u  raltotajc,  ruyo  ailiiiiiiistrador  (picda 
facultadti  para  cxiM-dir  la  patciitc  ropcct iva. 

Hi.  I  )i»lio  patt'iilc  SI'  rciioxara  aiiualiiiciitc.  \  Iiu'u(M|1i('  liit'ic  cxpc- 
dida.  sc  dara  coiuu-iiiMciito  dc  clla  a  la  sccrctaria  dc  lia<-iciida. 

l\ .  Los  lnKpics  cxtraiijcros  solo  pod  ran  oruparsc  dc  (>stc  trntico.  pre 
scntaiidosc  pi'c\  iaincntc  a  la  adnana  niai'itini;i  rcspcctlx  a.  dc  alt  nra  o 
caltotajc.  «'n  la  i\\U'  pa^aran  cl  dcrcclio  dc  tonaiadas  cstaldccid<»  o  (pu' 
sc  cstaldc/ca  sol»n'  Itinpics  cxtranjcros.  (pic  aliora  cs  a  ra/on  dc  iin  poo 
]tor  cada  toiiclada.  \  rcciliiiiiii  nii  pcrmiso  temporal,  (pic  no  cxccdcia 
dc  scis  iiicscs. 

\'.  I'ara  ohtcnci  cstc  iicrmiso  scr;i  indcspciisahic  rcj^islrar  cl  n(»iiil»rc 
del  l)ii(|iic.  cl  del  capiiaii  y  dc  los  tripiilantcs. 

VI.  VA  iiunicro  dc  los  tripiilantcs  dc  Innpics  extran.jcros  imnca  ex- 
ccdcrft  do  vcinticiiico. 

\'ll.  Las  patcntcs  y  pcrmisos  dc  (pic  liahla  csic  rc>;lamciito.  lial>ili- 
taii  A  los  (pic  Ics  obtcnjian,  i>ara   cstal)Icc<'r  cii    \u  c(»sta   lial>itacioiiHt* 


sic 

r 

\a 

c 

>r('>di 

1 

l»id\  isi(Mialcs.  (pic  sir\an   |>ara   rcsyiiardar  los  ]>r(>>diictos  dc  la  pcsca  y 
prcparai  los  convcnicntcmcntc. 

VMI.  I'ara  cslablcccr  diclias  liabitacioiics  rccabaiMii  prc\iamciite 
licciicia  dc  la  antoridad  municipal  m:is  inmcdiafa.  (pi('daiid(»  lc>  tripii- 
lacioiics  dc  l<»s  IdKpics  snjctas  a  las  Icycs  del  pai^.  dcsdc  cl  iiiomcnfo 
(pic  sc  s(dicitc  cl  pcrmiso.  I  Hclia  antoridad  no  podra  con(;cdcr  la  liccii- 
cia. siiio  en  vista  dc  la  patciitc  6  pcrmiso  i\v  la  ;idnaiia  maririina  re 
spectiva. 

IX.   La  antoridad  municipal  liara  el  st^nalainiento  material  del   hi;;ai 
en  (pic  piicdaii  cslaldcccisc.  por  licinpo  del  pcriMis<». 


X.  I 


ios  res>:nardos  maritimos  pod  ran  visitar>'ii  (pial(piier  iiiomciilo  lo^ 


4 


cstablcciniiciitos  dc  pcsca  o  biicco,  y  re^i'i.strar  ioh  Innpics  dcstinados  a. 
este  tr;ilic(».  a  tin  de  impedir  (pic  a  la  soiiibra  dc  la  (((iiccsioii  sc  \cri- 
li(pie  cl  ('(Hitrabando  dc  ct'ectos  cxtranjcros  en  -oiitraN cik  ion  dc  la 
( >rdeiiaii/.a  de  adiianas. 

XI.  Caso  de  dclito  iiil'raiij:aiit i  dc  contrabaiido.  scran  dccoinisados 
los  utiles  «lc  la  cmpresa  y  las  einbarcacioiio.  proccdiendosc  ai  Jiii('i(» 
rcspcetivo  y  i'l  la  iinposicioii  de  peiias.  c(nitoi'me  a  lo  prevciiiiht  en  cl 
araiiecl  dc  adiianas  mantimas. 

XII.  Los  administradorcs  de  las  adiianas.  dc  acncrdo  con  iicritfjs  y 
peisoiias  pnicticas  y  c(»nocedoias.  dcterniinai'an  ei  liciniio  en  (pic  dclia 
cos*  liaise  la  pci'la,  no  iicriniticndo  (pic  esta  oi'icracioii  se  \crili(pic 
eiiaiido  liaya  pcli;ir<»  dc  destriiirse  la  ciia. 

Xill.   Ii08  iiiisiiios  administradores  xciialarau  lu  exteii.sioii  o  cspaciti 


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MKXICO. 


4S7 


(|nr  cadii  roticosioiiiirio  drha  vciiliciir  la  |M'sca,  Imrco  (M'\|>Iota<-i()n, 
liiiiiliiii(l(tlo  cMii  alji'iiiias  .scfialcs  (|iu'  no  (li'-ii  liiyai'  ii  iK'iJiiicio  dc  fci' 
rcro.  Diclia  ext«'iisioiMM'S|>iici(»  (|iu'(laii'iii  coiisij-iuMlos  en  la  iiatciilt' 
rt'S|M'cti\  a. 

XIV.  lios  lm(|ii('a  iia<'iuiial«'.s  <>  «^xtiaiiJ«'ros  <|im'  sc  cmph'i'ii  cii  ol  tiii- 
lico  (Ic  pt'sca  o  I)iic«'(».  sin  snjrtarsc  ;i  «'st«  r<'<;latM<'nto  y  a  las  Icycs  yc- 
ncialcs  (Ic  la  licpnhlica.  scran  ninltados  por  cI  a(liiiinistra<l(»V  dc  la, 
atliiana  inantinia  mas  ccrcana  al  pnnto  en  (pu-  rncirri  apn-iicndidos.  con 
la  raiitidad  dt'tcrniinada  pnr  las  Iryt's,  dotenii'ndosc  csic  «mi  el  pnertn, 
niit'ntias  ipic  no  satlsta.ua  dicha  ninlta. 

W.  \']s\v  rcjilann'nln  sc  lijara  csci-ito  en  castcllann,  (ranci's.  In;;|(''s 
y  alcMian.  en  nn  ln;;ai'  \isihlc,  en  rada  nna  dc  las  adnanas  inavitinnis. 

Mexico,  .Mai/o  1(»  de  iSTli. 


ISoriiliirl.i  lie  INlnilii  v  ili'l  Itcs|i;ir1ici  ilr  nai'iiiichi  \  I'lcililn  I'lililic 


Si'icidii  ;!'.      Mr-ii  ,V' 


101  <'.  Presidente  de  la  IN'pnIdiea  se  lia  servid»»  dii  i-iiiine  el  deneto 
(pw  si^ne: 

Seltastin  licrdo  de  Tejada.  IMcsidente  Constifneional  de  los  lvstad(»s- 
llnidos  Mexieanos,  a  sns  lial>itantes,  salu'd: 

(^ne  «'l  ( "onyreso  de  la  I'nion  lia  tenido  :)  bieii  decretar  lo  si;;iiiente: 

I'll  ('(Hiyreso  de  la  Union  de<*reta: 

Akt.  I.  La  zona  perlilera  en  el  litoral  de  ISaja  California  sera  divi- 
<lida  en  einitro  sci-eiones,  enyos  liniites  nnireara  el  I'ctder  Mjeentivo. 

Aim.  II.  lui  pesea  de  «'«Mn'ha  y  peiia.  podia  liacerse  alternativa- 
nn'nte  <'ada  dos  anos  en  mm  sola  de  las  seeeiones,  no  ix'i'niitiendose 
por  nioti\o  alyuno  la  oxtrae«'ion  de  la  concha  eria.  Los  indactoies  de 
este  articnlo  incnriaiian  en  nna  innlta  de  cien  a  (pdnientos  pesos. 

Akt.  III.  I*il  Kjecntivo  n»odilicar;i.  contornn' ;i  este  ley,  el  leylann-nto 
solire  pesca,  expedido  el  Mi  de  .Mai/.(»  d«'  1S72. 

Palacio  del  I'oder  Lcjjislativo  de  la  I'nion,  .Mexico,  Alnil  I'l  de  IS7I. 
It.  <l.(iti/inan.  dipntado  presidentc.  A,  Kil>a  y  lOcheverria,  dipntailo 
seeretaiio.     S.  Nieto,  diputado  secretario. 

I'or  tanto  inando  se  iinpiiina,  pnblicpn',  einMile  y  se  le  de  debido 
eninplirniento. 

Dado  en  el  I'alacio  del  (Joltierno  l-'edcral  d«'  Mexico  a  veintinno  de 
Abril  de  mil  oehocientos  setenta  v  cnado. 


(Knnlo.) 


kSKiJAsriN  Lkkdo  i)i;  Tk.i adv. 


Al  ('.  i-'raneisco  Mejfa,  Secretario  de  Kstailo  y  del  Despaclio  de  Ha- 
cienda y  Credito  I'ldilico. 

Y  lo  comnnico  it  \'d.  paia  sn  inteliyencia. 
lndep(MMlencia  y  lii)ertad. 
Mexico,  Abril  lil  df  1.S74. 

M)'..ifA. 


(Srciitiiri:!  ill'  Ksliiilii  y  ili'l  Ui  s|i;i'  liii  lie  ll;K  iiTiilii  >  Ciiililii   Piililic"      Siiriiili  .;•.      Mi'-a  .'i'.) 

Reglamento  para  el  Buceo  de  la  Concha  Porla  conforme  al  Decreto  de  21  de  Abril  de  1874. 

1. —  lUlcco. 

I.   Kl  bnceo  de  la  conclia  peila  es  libre  en  la  costa  de  la  b'epnblica 
Mexieana,  tanto  pani  los  liabitantes  <le  clla,  como  para  losextranjcros, 


II^  *!((•» 


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'•X. 


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■  :'! 

r  5 

1 1"  I' 


.'•'.■        !  I  . 


4SS 


I'OI.'KKSN    STATI'I  r.8. 


siciniMt'  (|iu'  so  sujctni  ii  Ins  Iryrs  del  pais  y  it  las  disposicioiu's  (h'  rstc 
rc^ilaiiM'iilo. 

i  I.  Dcstlc  el  inoiiieiito<|U<>  una  pcrsoiia  <|iiioi'<>  cstablctM-r  una  armada. 
p«>dii':i  p(>rMiiso  al  adniinistiador  dc  la  aduana  mas  inmodiala,  r\  cual 
no  podr:i  n<>^'ai'lo. 

III.  Kl  l)U(!eo  dmaia  drsdc  el  l.~)  dc  Mayo  liasta  v\  \'t  do,  No\  irmbic 
d<>  cada  afio,  no  pudi('ndos(>  ampliar  cstc  pla/.o  ]>t)r  nin;>nn  niotivo. 

IV^.  Nini>iin  arniadoi'  pucdo  impedii'  ii  prrsona  al^nna  tpic  vaya  a 
visilar  los  lu^iaivs  v\\  que  sc  buroa,  y  aun  a  cornpiar  ju'ilas,  sicmpi*^ 
tpu'scan  dc  la  propicdad  de  las  quo  vrnda,  (pH>dan«lo  en  caso  contrariM, 
tanfo  v\  compratlor  ooino  el  vondedor,  sujctos  a  h)  qu<'  pievleneu  las 
k'Vt's  sobiv  ei'ectos  robados. 


p'. 

'1 

1 

X 

1 

II. — Zotnis. 

V,  S«'  divide  el  litoral  ijeilil'erode  la  Ilaja-Calilbrnia.  en  euati'o  zoiias, 
seyun  lo  previene  el  siii»renio  deen'to  de  lil  de  Alnil  <U'l  corrient*'  afiu. 


1 V. — liKijiics  v.vifaujenm. 

XIII.  Todo  Ituque  meicante  extranjeio  puede  venir  a  las  <ostas  de 
la  Kepubliea  k  la  pesea  de  la  eonelia  perla,  sieinpre  que  eumpla  eon  las 
leyes  vi;;'entes  y  eon  las  pi«'s«'i'ipcioiU's  que  si^uen : 

1.  IN'<lir  el  premiso  previo. 

L'.  I'aji'ar  »'l  dereeho  de  toneladas  estableeido  6  (pu'  se  estalde/ea  y  el 
de  t'aro  donde  lo  liaya. 

,{.  Ilaeer  rej;istiar  el  nombre  did  bu(|ue,  el  del  eapitan  y  el  de  su 
tripulaeion. 

i.  <^)ue  no  exeeda  de  veintiein«'o  el  numero  de  tiipulantesj-xtraiijeros. 

.">.  Tra«'r  su  lista  de  raneho  eon  todos  los  r«'(pusitos  que  previene  el 
aiaiieel  de  aduanas. 

0.  I'afi'ai"  l<>s  dere<*lios  estableeidos  6  que  se  estable/.(;an  sobrt'  l«>s 


viveres  <[ue  tiaii;an  de  ex«'eso. 


V. —  VisitaH, 


11 


S    1 


Xl\'.  lios  adnnnistradoies  de  las  aduanas dispondian  que  se  visiten 
las  ainiadas  |»or  lo  menos  seis  veees  durante  la  tempoiada. 

X  \'.  Las  visitas  teiidran  iior  objeto  inv<'sti;iar  si  se  <'um|)h'  eon  le  pic- 
venido  en  el  supremo  decreto  antes  jueneionailo,  y  en  este  rejilamento. 

XVI.  Kl  emph'adoiHiuien  «'n('oniiende','stas  visitas  el  administrador, 
rendira  iidorme  eii'eunstaneiado  de  todo  lo  «jue  oeuna  y  sea  ronve- 
niente  tener  en  eonoeimiento. 

VI. — iHsjHctorcs  tir  nrmodn. 

X  Vir.  La  aduana  nombrara  uno  o  dos  inspeetoies  |)ara  eada  ai'uiada. 

X\'III.  Ivstos  inspt'ctores  distVutaian  un  sueldoiU' ."?<L'0  mensu;iles,  el 
eual,  lo  niismo  ipie  su  manuteneion,  seran  eosteados  por  los  armadoies. 

XIX.  Son  atribueiones  de  los  inspeetores,  e<»nioauxiliaresde  liii.justi- 
eia  y  de  la  poli«'ia: 

1.  I'i'a«-tiear  pof  de  pt-onto  las  diligeneias  i'<uidu«*entes  por  los  deli- 
tos  o  intVa<-eiones  <pu'  piu'deii  eometeise  en  las  armadas,  i-einitiendo  a 
los  inlVaet<u'es  bi<'n  asegui'ad(»s  a  la  autoridad  (;ompetente. 

J.  Inipedir  el  eontrabando. 


MKXICO. 


481) 


'%' 


.'?.  Iin|«Mlir  (|iu'  sc  Imcr-c  I'liciii  iW  |;i  /niiii  |M'riiii(iiI;i, 

1.  liii|M'<lir  la  pcscii  tli-  la  cria. 

.1.  Iiiipniir  i|n(>  los  aiiiia(lMi'<>.s  inaltiatoii  ii  los  I)ii/ms  o  abiiscii  dc  sii 
trahajn. 

<».  Avisar  violriiiaiiu'iitr  a  la  adiiana  <!(•  <-iiali|iiirr  caso  <;ia\(' (pic 
ncnina.  para  <>l  <-iial  tniiliiin  la  t'aciiltad  (U>  ociipar  una  ciiiltaicaiiuii 
|)ci|iirria  y  el  iiuiimtu  <lr  ti'i|)n!aiil<>s  iirccsarjo,  toiio  <lu  la  inisiiia 
aniiaila. 

XX,  Pol' nialqiiina  iiilVarcioii  <lc  cstc  n'^Iain<'iif(M|ii(' ('oinctan  los 
aniiailoi'cs,  iiii|>(>ii(li'aii  Nis  ailiiiiiiistradoirs  una  iwnlta  )|ii(>  no  iiajc  dc 
.*."»  iii  r.xrcda  tit*  ^LMK).  rxcrpio  en  los  casus  dc  coiitrahando  »'ii  (jiic 
sc  (•iKscrvaiaii  las  |ni'\ ciicioncs  del  araiicci  \  i^iciilc. 

XXI.  I'^stas  iiiiiltas  iii<;'i'csaraii  cii  calidad  dc  dcposito,  liasta  ipic  cl 
luiiiislcrid  r»'siH*l\a  si  csiu\  i«'i«'n  I»icii  aplicadas,  |»ara  lo  cual  cl  adiiii- 
iiistrador  intoiiiiai'a  en  cada  ipie  sc  aplii|nc  allium. 

'rraiisltoiio. 

Sc  (lcro};aii  los  i-c;>'laiiicntos  aniciiorcs. 

Mexico,  Juuio  2i  de  1674. 

Mejia. 


LAWS  RELATING  TO  MEXICAN  PEARL  FISHERIES. 
BEOULATION  OF  MAKCH  16,  1872. 

I'lUiislaticiiiJ 

Tkkasiiiv  Dkpaktmknt.  &e., 

First  Srction. 
Thv  collector  (d"  customs  a(  I'ro^iveso  Inivinjj:  iiMpiested  IV(tin  this  I)c- 
jtartnicnt  iiistinctions  as  to  the  |)i'oper  method  ol'  procednre  rc<;ai'din;;' 
tishciiy  interests  alon;;'  the  coast  of  the  itepnidic,  the  President  has 
seen  (it,  in  the  exercise  of  the  lacnlties  upon  him  conferred  under  par. 
1  of  Alt.  S.")  of  ilic  con.'^titution,  to  dcternunc  thai  the  fol|o\vin>;  rejiu- 
lations,  applicalde  alonjii' the  entire  coast  of  the  nation,  shall  i»e  c(uu- 
iininicated  to  him: 

I.  The  privilcffe  of  lishinji-  in  tlu'  waters  of  the  K'epublie,  as  well  as 
that  of  searchin;;  for  pearl,  and  the  benelil  of  all  maritime  products, 
is  two  to  all  inhabitants  of  the  IJepuldic, 

II.  l''orei;;n  vessels  can  en^ua^e  in  the  Uansportation  of  such  pro- 
duets,  free  of  «lut.v,an(l  without  any  other  ccuidition  tl tlic  rejiistcr, 

at  the  ni'arest  nmritime  cust(»m  house,  of  tlic  nanu'  of  the  vessel  and 
the  names  of  the  crew,  such  cusl(»m  house,  whether  a  hinh  sea  poit  or 
tradinii  post.  tlirouj;h  its  nninagers,  shall  issue   Ilic  I'espectivc   permit. 

III.  Such  permit  is  reni'waldc  annually,  and  upon  issue  thereof  due 
advice  shall  be  served  upon  the  ticasury  department. 

I\'.  FcM-eijin  vessels  can  only  en;iajie  in  this  trattic  of  transportation, 
rcportin}>:  pr«'viously  to  the  aforesaid  maritinu'  custom-house,  whert'. 
they  shall  pay  the  huina^t'  du«'s  established,  or  which  may  be  estab- 
lished,  for  foreign  shipping,  which  is  n(»w  at  the  rale  of  one  d«»llar  ]tei' 
ton;  and  theyshall  receivt'a  tenqiorary  pcrnnt  j^dod  only  for  six  months. 

V.  To  obtain  such  peimit  it  shall  l)e  necessary  to  re<;isicr  the  name 
of  the  vessel,  that  of  the  captain,  and  those  of  the  crew. 


':,  -n-i^ 


pp 


il.,:: 


m 


400 


KoKKir.N   STAI  riKH. 


■<.  iii 


I  I 


VI.  Tln'  miinltor  of  tlio  new  dii  I'oroi;;!!  vessels  sliall  never  exreed 
twenty  li\e. 

\'l  I.  The  Will  rants  and  permits  meiitionetl  in  these  leunlatioiis  aiithnr 
i/.(>  their  holtliTs  to  set  up  ahm;:  the  eeast  pioN  isional  liiiihlin;;s  tn  >ti>i(> 
the  prixliiets  of  tlie  lishiii;:  ami  tor  their  preparation. 

Nlil.  In  order  to  set  up  said  Iniildinys  it  shall  he  neeessar.v  liisi  to 
seeiiie  lieeiise  lioin  the  most  a\  ailahle  mniiieipal  aiit  hoiity,  the  erewsoj' 
the  vessels  Itein;;  siihjeet  to  the  laws  of  the  land  from  the  HHHiieiit  siicji 
permission  is  leqiiested.  The  said  miiiiieipal  antliority  can  not  ;;raiit 
the  lieense  save  when  the  warrant  or  permit  of  the  respeetixc  maritiiiie 
hoiis(>  is  proiliiced. 

i\.  The  munieipal  antlioiit,\  shall  assi<;n  the  |)Iaee  where  siieh  hiiild- 
inji'  eaii  he  erected  for  the  time  eo\  ered  In  the  permit. 

X.  The  maritiim'  enstoms  jiiianls  are  at  liherty  at  any  time  whatso- 
ever lo  visit  the  tisliiii<:()r  diving  estahlishmeiitsand  to  ins])eet  the  ves- 
sels assijiiied  to  that  ser\  iee.  to  the  end  that  under  cover  of  the  coiices 
sion  there  may  he  no  smn^ylin;.;  of  torei^n  <.;(iods  as  a;;ainst  the  pro\i- 
sioiis  of  the  jieiieral  customs  ordinam-e. 

X  i.   incasi'of  snm;i;il ill;;  discovered  delito  iiifran^^a.nti.tlie  l>e!on^inj;s 
of  the  <-ompany  and  the  vessels  shall  lie  eontiscated.  while,  in  accord 
ance  with  tlie  stipulations  of  the  maritime  customs  ordinance,  the  ie<| 
iiisite. judicial  proceedings  shall  he  had  and  the  imposition  of  the  lines. 

XII.  In  accord  with  experts  and  practical  intelligent  peisons.  the 
I'olleetors  of  customs  shall  determine  the  time  when  pearl  lishin^  m;iy 
lie  en;ia;ied  in.  such  tishiii^  not  t<i  lie  permitted  when  there  is  any  daii- 
j;er  of  injnrin;:  or  destroying;-  the  mother  shell. 

XIII.  The  customs   collectors  shall  desij;nate  the  territoiy  or  space 
wherein  any  concessionaire  may  conduct   tishin;;,  di\  iii<;'.  oi'  other  like 
ope'iit ions,  placing   requisite  si;>ns  or  marks  to  the  end  that   the  inter 
ests  of  any  thii'd  party  shall  not  lie  injured.     The  extent  »»f  such  terii- 
t<»ry  shall  he  desij;nated  in  tin'  permit  issued. 

Xl\'.  Mexican  or  foiei^iU  vessels  which  ma>  eiiuaue  in  lishinyor div- 
in<;  tratlic  in  violation  of  this  re;;iilation  and  the  ;;eiieial  laws  ot'  the 
lke|Mililie  shall  lie  lined,  such  tiiu'  lieiuji  imposed  liy  tin*  collectoidf  ens 
toiiis  at  the  |ioint  nearest  to  the  scene  of  arrest,  the  line  to  he  in  the 
sum  stipidated  under  the  law,  the  tdVendili^  vessel  to  he  held  in  the  pui  I 
until  such  tine  lie  satisfied. 

XV.  These  iej:ulatioiis  writti'ii  in  Spanish,  l-'ieiich.  Mnjilish,  and  (Jer- 
man  shall  lie  posted  up  in  a  eonspienous  place  in  each  of  the  maritiine 
custom  houses. 

Mexico,  Mareli  10,  l-STl'. 


EoMElJo. 


■  1 


■I  ■ 


DECREE  OF  APRIL  21,  1874. 

I  'I'nillMlllllnll.  { 

DKrAIJTMKNI    OF   TlIK   TKKASflfV,  K'l «'., 

Sr<'titm  .;.    Tiihlr   't. 

The  President  of  tin-  Kepulilie  has  been  pleased  to  achlress  me  the 
following  decree: 

Seliastian  Lerdo  l)e  Tt'Jada.  Constitutional  I'residi-nt  of  the  I'nited 
i\l«*xiean  States,  to  the  inliabitants  thereof:   Know  Ve, 

That  tlie  Coii;:iess  of  th«'  I'nion  has  seen  lit   to  tleeree  the  followin^i': 

The  Ton^iress  of  the  Union  decrees: 

AUT.  1.  The  iiearl  lisheries  aloiii;  the  coast  of  Lower  California  shall 


MKXK'O. 


4!ll 


1)1' <livii1<-<l  into  t'oiir  districts,  tlit>  limits  wlicn'ol'  sliiillhc  ilcsi-jmitfil 
\t\   tin-  IVNcrlltivc. 

Aim.-.  'I'Iic  lisliiii;;  lor  slicll  iiixl  lor  immiI  rnw  li*- imii  icti  on  altcr- 
iiiitivt'ly  tMcli  t\v<»  yiMis  in  aii\-  one  of  the  disiricis.  Wiit  iiiMlri'  no  ron- 
siili'i'iition  sliiill  tlir  mot  Imt  slicll  Ix*  rcnioN nl.  N'ioliitors  nf  tlic  nilr  are 
liaMi-  to  a  line  of  IVom  "(KKt  to  >(.''>ll(i. 

Airi'.  .'5.   In  ronfoiniitv  willi   this  law.  the  lArcutive  shall  modify  llu' 
i'ishciy  Law  o\'  March  Hi,  IMl'. 
Talacc  ol'  tin-  licyislatisc  Tower  of  the  I  nion,  Ainil  Jl,  />;"/. 

Ji.  (;.   (it  /MA.N, 

SfHttl.rf  nf  iliv  lloiisf, 
A.    K'lllA    \     KcilKVr.HKIA, 

Chfl:  It  I'  the  House. 

Chrh-  of  the  House. 

I  tlierefore  order  flial  flie  same  may  lie  printed,  published,  and  eir- 
culated  and  •:i\eii  due  compliance. 

(iist'ii  at  the  Palace  of  the  l''edeial  (lovenmieiil  i»f  .Mexic(»,  on  the 
I'Ist  of  April,  the  year  one  thonsand  ei;;ht    hundicd  and  seventy-four. 

Si:  HA  ST  I  AN   h  Kit  DO  Ue  Tejada. 

To  C.  KuANt'isro  Meoia, 

Srcrrturi/  of  thr  TnasKi'i/,  etc. 

And  I  <'omniunicate,  et(\ 
Independence  and  liberty. 
Mexico,  April  -1,  1^71. 

Megia. 


ORDINANCE  OF  JUNE  24,  1874. 

I'l'iaiisljliiiii.  I 

DKrAKTMKNT  (»K    I  HE  TlJKASl  |{  V,  tS:e.,  &0. 

Serf  ion  ,7.  Tiilih  ■">. 

KKCJILATIONS  TO  tJoVr.l.'.N    I'KAI.M     DIVINO   INKKlf    I'UOVISlOiNS  OF  THE 

DEt'KKK  III    AIMMI.  Ul,   ISTI. 


f    . 


•(■r 


m 


»;r»lw,|j|j, 


''---« 


m-'' 


I, —  IHrliif/.  rtr. 

1.  niviny  for  pearl  is  free  alon;;  the  coast  ivf  the  Mexican  Republic, 
alike  for  the  inhabitants  tin'reofas  well  as  tor  forci^iners,  provitled  they 
always  are  tibedient  to  the  laws  of  the  land  and  to  the  re;:uliition  stipu- 
lations. 

-.  WheneNcr  any  person  desires  to  open  up  tisliinj:  ;;rounds  he  may 
apply  for  permission  to  the  nearest  customs  collector,  who  can  not  deny 
him. 

.■>.  The  tisheries  shall  last  tVom  May  !."»  to  \<ivcml»er  l."»  of  each  yeai', 
and  under  no  conditions  whatsoever  can  this  tj'ini  be  extended. 

I.  No  pearl  cruiser  can  prevent  any  person  wliatc\ei'  from  freipu'iit- 
in;;'  the  lishinji  j^rounds.  and  «'ven  piirchasiuji  pearls.  pio\  ided  always 
that  the  latter  are  the  Icjiitimate  propi-rty  of  the  \cndoi';  in  eiuitraiy 
t'veni  the  vendee  and  the  veinUir  alike  bein-  subject  to  the  law  yovern- 
iiig  stolen  property. 


% 


r 


4!iJ 


lOHKKiN   STAIITHS. 
II,_/>/.s/,/,/,v. 


,«     ." 


I  J' 


."».  'I'lir  pciii!  lislinics  iiluiii;  tin'  niii>.(  of  l,u\\  rr  ( 'iiliruniin  sliall  lie 
*li\i<lril  iiiiii  iWiir  WiNtricts  in  iictnnliiiirr  willi  tlir  Sii|»i'rMit-  I  M-itci' nf 
Ajiiil  "Jl  ul'tlif  pn-sriit  yviw. 

Ni>ii:. — Tlir  MTiioiis  of  the  lii\>   w  liiili  art- uinit  Ictl  nlMir  In  I  lie    iMtiiiuhii  Ich  uI  IIh' 

liNllili;:  iliHll  jl  Ih,  llli'  ri|lli|illirlit   nrtlivi'l's.  ami  till'  riijli  r|  lull  nl  ililil.s  ililr  li,\  <ll\  t'l'N  In 

till'  cniisci^. 

I V . —  Fori  iff n    I 'tssils. 

l."».  All  titn'ijiii  nicirliimt  \«'ss«'ls  imii  chiih'  tn  the  co^st  of  tlu'  I'rpiili- 
lir  t(M'iin:|M(.  jii  |M':irl  lislijiii;.  |ii'o\i<lnI  lliry  *-iiiii|ily  witli  the  laws  in 
tiiii'i-  :iii<|  with  tlif  toiluwiiin  |)io\  isioiis.  to  wit  : 

i.  TIm'  piini  r4M|H»'st  I'ur  pfiniissinii. 

li.  Tlif  p:i\  liM'iit  nl'  tMiiiiiij^c  dues  «'st:il»lisluMl  of  to  In-  cstiililislu'tl, 
:iliil  llir  p:i,\  liinit  of  li;:llt   Imiisr  rliiii;;rs  w  licrcN  fl'  silrli  iiir  rt-ipiirr*!. 

iii.  TIm'  r«'i'(»r»l  npun  tlir  H'^istfr  nl'  tlic  iiiiiiK-  nl'  the  ncsscI,  ticit  nt* 
the  «'iipt;iiii.  imhI  nl'  liis  new. 

i\.  'I'iiiit  the  iiiiiiilti-r  nl"  rniciji'iM'ts  in  any  rww  sliiill  iint  excrt-i! 
twi'iily  li\j'. 

\.  Tliiit  the  list  of  prnvisiniis  shall  lu-  iiia«lf  mit  in  acrni'ilaiit-c  with 
tilt'  rn|iiisit('s  prnviilnl  iiiKhi  tin-  iiistnnis  nKliiiaiiif. 

vi.  Tilt'  payini'iit  nt'  <|iitirs  cstiililislicd  ni'  tn  hr  rstalilishfil  iip(Hi 
I'nnd  and  ]>invisi(»iis  in  cxci'ss. 

V. —  InxiKvtions. 

I  I.  'I'lif  rnllcrtnis  of  ciistnins  shall  an  aii;:('  that  the  Hcots  nf  tlu'  tish- 
cniifii  shall  lir  insprctnl  at  h-ast  nii  six  ocriisioiis  (liiiiii^  the  lishiiin' 
srason. 

l.'t.  The  inspfttnrs  shall  invrstinatc  w  ln'tlMM'  cnnipliaiirc  is  Iia<l  w  ith 
the  prnvisiuiis  nf  the  Siipit-iiic  Dccirc  licrcilihrfnic  inclit inlinl,  as  well 
as  w  ith  thrsc  r«';iiilat itnis. 

HI.  The  ciiiplnyt  nr nllirrr  <'har;;<>(l  l>y  the  nistonis  cnlhTtni  with  tin' 
inspcctinn  shall  rciiilcr  a  ilrtailtMl  irpmt  nf  all  that  may  ncciii'  and 
wliich  it  may  lie  cxpcdifiit  In  iciik'HiIu'I  . 

V I . — Iiispcoloyn  of  Fhrfs. 

17.  The  ciistninlioiisc  shall  appoint  niit'oitwn  insprrtoi's  for  cacli 
th'ct. 

is,  Tlu'sc  inspcctuis  shall  draw  a  salary  of  t\v«'iity  dollars  a  month, 
which,  with  tiM'ir  hnard,  shall  !•»   paid  by  the  irniscrs. 

1!>.  'lilt'  fnllowinn  arc  the  diitii'.  nf  the  iiispcetois  in  connection  with 
the  p<ilice  and  the  courts: 

i.  To  take  iininediate  action  in  ease  ot"  eriMies  or  nifeiises  ciunmitted 
u|ion  the  vessels,  coininittin;;  tin-  trespassers,  >iiider  sale  j-iiard,  to  the 
<-oinpetent  authorities. 

ii.  To  prevent  smii;';;liny. 

iii.  To  prevt^nt  lishinj^  outside  of  the  ilistiict  allowed. 

iv.  'i'o  prexcnt  the  extraction  of  imttlier  shell. 

\.  T(»  prevent  i-riiiseis  from  illticatiii"  the  dixers  nr  taking'  undue 
advantajie  of  their  work. 

\  i.  To  ad\  ise  instaiill.x  the  custom  house  rcjiaidin^  any  set  loiis  eiiso 
which  ma\  occur,  to  w  hich  end  they  may  occupy  a  small  vt's.sel.  w  ith 
the  necessary  crew ,  drawn  from  the  Meet. 


HnVi:i{IN(!    Ai'TS. 
\\\.—  rniolll,s. 


4"J3 


LM».  \iiy  friiiisjin'sslon  :i;4jiiii,st  iIk-sc  icjiiilatioiis  roiiimitfcd  hy  tlic 
(•niis(  >  sliiill  Im-  |Mllii>lir<l  lt\  llif  nislnliis  cullcrlnis  willi  :i  |iii<>  mC  not 
less  tli:lll  liV)'  (Im||;hs  iiul'  »'\ccct|iii«;'  two  lillliill'fil  (lolhiis,  CNfi'iil  jn 
t:isfN  of  simi;;nliii;i,  in  wliirli  ciix-  tlic  ciistonis  rcjuuliitioiis  slnill  lie  t-n- 
Itil't-nl. 

L'l.  'I'lic^r  lilies  sinill  lio  (Ifpositfil,  iiinl  li«'l<l  in  deposit,  niitil  tlic  \h>. 
I»;irtuiriit  ('rrciisiiry  l)»'|»iiitnn'iit )  shall  deride  upon  tlirir  l<';;iility,  to 
wliicii  end  liie  i'li.slonis  eolleeior  sjiali  in  eaeii  ease  snimiit  a  report. 

'I'laiisifory. 

All  I'orei^oin^'  i'e;>nIations  are  annulled. 

Mexieo,  June  J  I,  ISVt. 


HOVKKINI!    A<"rS. 

GREAT  BRITAIN. 

(9     tiiii   II   (nil.  :i.-i.     A  n.  i7:m.| 

An  !irl   for  ilicli'limir\  illf^  pclsKilH  wIkiIiuni'  Imch    i;llill>    ut'  mO'cIIscs   riLIiliMsl    tin-    l:i\vs 

iiiiiili   I'lii  SI  Tin  iii;i   llic   ri'M'iiiii's  III   I'listitiiiH  :iii«l  o.\ris<-,  and   lor  riilorciii;;   lliiim! 
\:i\\>  liil    I  III'  llltliru. 


'«!(- 


XX  11.  Ami  he  if  fiirtlirr  nnictnl  Inj  tin-  ntithofUfi  afnftsa'n},  That  from 
aii<l  alter  tin  said  twenty-t'oiii  tii  day  ol  .hini\  oin*  tlioiisaiid  seven  hun- 
dred ami  tliirty-six,  wliere  any  ship  or  vessel  wlialsoi-ver  «'oniiii^'  or 
arriviiiji;  iVoni  t'orei^ii  parts,  and  havin;^  on  hoard  six  pounds  of  tea,  or 
any  I'orei^n  iirandy,  arraeU,  nun,  stroiij;"  waters,  or  other  sprits  wiiatso- 
ever,  in  easks  under  sixty  ;;allons  (except  only  for  tin*  use  of  the  seii- 
inen  then  l>eloii;iin;i  to  and  on  !»oard  such  ship  or  vessel,  not  exeeediiij; 
two  <;alloiis  tor  eaeh  seanieni  shall  be  rouii<l  at  anelior  or  lioverin^ 
within  the  limits  of  any  of  tiie  ports  of  this  Kiii<;doin.  or  within  twu 
lea;;iies  of  the  shore,  or  siialllM'  discovered  toha\e  l>e«'n  within  tlio 
limits  of  any  port,  and  not  proceediiiu on  hervoya;:e,  wind  and  weather 
in-rmittiii;;  ^unless  in  j-ase  of  iinaMudabh^  necessity,  and  disti«'ss  of 
weather,  of  which  necessity  and  distress  the  master,  purser,  or  other 
perscm  ha\iii;;'  or  taUiii;;'  the  char;;t'(M'  conimand  of  such  ship  or  vessel 
shall  ;iiv«'  no|i«'e  to,  and  make  pr»»of  of  before  the  collect(»r  or  otlier  i-liief 
olhcer  of  the  customs  (d' such  port  as  aforesaid  immediately  after  tho 
arrival  of  such  ship  or  vessel  int<»  the  s;,id  port)  ail  such  tea,  forei<,'ii 
brandy,  arrack,  rum,  stroiijL;  wati'is,  and  spirits,  tojit'ther  w  iththeclu'sts, 
i»oxes,  and  casks,  and  other  packajic  whatsoever,  coiitaininj;'  the  same 
jioods,  or  the  valin*  thereof,  shall  be  forfeited  and  lost  (whether  bulk 
shall  then  have  been  broken  or  not)  and  the  same  yoods  and  packajio 
.-liall  and  may  be  seized  and  prosecuted,  or  tlu^  value  thereof  sued  for 
by  au>  oHicers  of  the  customs  or  excise  in  such  manner  and  form  as 
hereinafter  is  expressed;  any  law,  statute,  or  custom  to  the  ccmtrary 
nothwithstandin^'. 

X  X  1 1 1.  .\ii<l  irhnias  I'nrv'upi  tfoods  tirr  /rniiD  iitli/  tttUcM  out  of  ships  at 
sea  iritliiiiit  (lir  limits  of  iiiii/  pDit.  iritli  iii'tiiit  to  l»  Ihdiiliilnttlji  l<ni  In!  in 
lliis  /:iiitiilnin;  for  preventing-  tliere(»f.  be  it  further  enacted  by  the  an- 
tlnaitN  af<  resaid,  tiiat  in  case  any  Ibrei;;!!  j>(»nds.  wares,  <u' meichan- 
di/es  shall,   after  the    twenty  ninili  «lay  of  Srittnithrr,  (Uie  Ihousind 


41)4 


l-()l{|-.l(i\    STAIM    IKS. 


'li 


sfvt'ii  limulrrd  iiii<)  lliiil>  six.  liy  iiny  sliip.  I^wit.  <»r  vessel  wiiijilsoe\('r. 
Ite  tilUeii  ill  lit  sc;i.  (»r  pill  ullt  uT  ;iii\  xlilp  or  xessel  wliiil  sot-A  cr.  vvilliiii 
I  lie  ilistiiiiee  nl  loiii  leagues  Ikhii  aii\  ol"  llif  euasls  of  I  lui-*  kiii;i(lnm 
.  \N  lietlier  t  lie  saiiii' i)e  w  il  hill  or  wil  iiniil  the  limits  of  aii.\  •>!'  r|ii>  pnri> 
tlierent)  wilhuiit  p.iyiiieiil  oT  t  he  t-iistniiis  :iimI  >«t  liei- duties  iIih' aiitl  pa\ 
al»|e  for  the  same  iiiMess  in  ease  «»!'  appareii  iiei-e^sity  oi  "vmu-  ntliei' 
iawl'iil  reason,  ol  uliich  llie  master  or  other  i»ei<«oii  haxiiiL:  i|iari:e  ot 
siieli  sliip.  vessel,  or  !»oal  so  taUiii^' iti  ihe  >anie  -^hall  ui^  iimiiediale 
lioliee  to  ami  liiaUe  piool  l»et'ore  tlieehiel'  olUeitr  or  ojlieei  -  nl  tlieeiis- 
loiiis  of  the  lii>.l  port  of  this  Uiiiiidom  u  lieie  lie  -iiall  arrive  ,  >iieli  ;l:oo(Is, 
wares,  and  iiieichandi/es  shall  l>e  lorleited  and  lost,  and  tlie  master  or 
other  person  iiaviiiji' eliar.u<' of  siieli  ship.  vesHi*!.  or  lioat  s«  tukiimy  in 
the  same  and  all  s  11  eh  persons  w  ho  shall  l>e  aidiii;:.  assistiii<x.  or  otherw  ise 
eoiieeriied  ill  the  iinshippiiij;  or  reeeivin^  oi  rhe  -^aid  <io<»d^.  \\are>.  or 
ni»M'ehaiidi/es  shall  lorfeit  treble  the  value  tliereof;  aiiii»l  the  skips, 
boats,  or  Vessels  into  whieli  the  said  uood-^.  wares  and  iMri-eliaiidi/.es 
shall  he  unshipped  ami  taken  in  shall  also  Ite  t'oitt-ited  aiini  lost,  any 
ship,  lioat,  or  vessel.  >"  to  he  forfeiteil  and  lost  Hot  exeeeddiiiij:  the  Imup- 
then  of  one  hiindri'il  tuns;  and  the  master,  purser,  oi  other  petsnii  taK- 
iiii;  rliar.ue  of  sinh  ship  or  \cssel  out  ol  which  siieh  -o<m1>  skall  i>e  taken 
(unless  ill  ease  of  siieh  apparent  iieeessitx  or  other  lawful  retiiNoti.  \vli«'i-e- 
ot' iio;ir«' shall  he  uixi'ii  1»\  liiiii.  and  proof  he  made  as  afoiiHsanli  shall 
also  I'nrfeit  tiehle  the  \  aliie  ol  llie  ^oods  >..  nii^liipped  ■,i>  altuesaid: 
wliieii  forfeitures  shall  l>e  divided  and  le. m  red  in  siieh  niuiinrti-  uih  is 
lieieiiiafter  nieiil  ioued. 


UNITED  STATES. 


Sr,!'.  L'TliW.  The  olli'-fUf-of  the  I  e\  (line  iiil  Icrs  >liall  |■e^'peeti^  ely  l»e 
deemed  oIlM-et-  <>  t  lo- inii«*t.oMis.  and  shall  in-  ^iiUhtI  to  i  ho  rlii»M' ion  of 
swell  eolh-ei-Mfk- I'Ni  the  re^>— Wiiie.  or  other  ol1iet-is  f liMi"»-*i»t.  .i>  Irtmi  I  line  to 
t  inie  >hall  ii'e  (i.^-ii;nai   ■  that  |»iirpose.     The\  >1kiI1  i^n  m   hoafT<l  all 

Vessels  w  liiiw-li  .jiiiivc  ^  ihe  I   iiited  States  or  within  lonr  lt'aL;'«H'>  of 

Iheeoa-t  -iri»MfMf.  if  hoMMH^  loi  the  I   iiited  Staler,  and  se:iireh  and  •    am 
ine   till     -..line,    iiiil    4'\r"t-    imtf    I  hereof,  and  sli;ili  demand,  reeeixe    .ind 
eeitify  I  lif  imn!   ««*-t~  i-uun'd  to  lie  on  hoard  eei  lain  \('>>els.  shall   illix 
ami    put     pi'opH;     i     ~i'  11  the  liatehes  iuttti   «»tlier  eomiiiiuilearious 

with  the  holni   *«i    iii)i\  aiil    shall    leiiiniii    mii    hoard    siieli    \  e-«els 

until  they  arnxfjir  i  ■•  oi  *«4nee  ol  t  hen  destinali(Hi. 

Sr.c.  L'SJiT.  If  at1*'T  Tl»*  arrfvai-wf  aii\  ve«*»iel  hii»i««n  with  imieiiaNwtiiise 
am!  hound  to  ti«*-  (nii'fiil  ^r:iii<r«>.  within  ^lie  linntsot  aii,\  eollei  <  on 
di^liiel  <n  wirhiii  to<ii  ltfa;.;iies  wi  the  eoasi.  an.  part  of  the  eaii:"  "I 
sinh  \essel  ^hali  he  iimliadeii,  «••«•  any  |mi"tH»>e  whiili'xer,  helore  smeit 
\essel  ha->  rome  to  the  piii.i|M  i'  pi;iii-e  tor  tin  dischai  lit-  mI'  her  earu<».  oi 
some  ](ait  llieit'fit.  anil  has  Umm  there  diil>v  aiithori/ed  hy  the  pri»)«er 
olliier  of  the  eii>loms  lo  iiiil.Hle  tm*  samv.  til»«*  master  ol  siieh  \  essi'l  and 
the  mate,  m  other  person  ne\t  iii  eoinmaiid.  shall  respeet i\ cly  he  liahle 
to  a  p<Mialty  of  one  thousand  i#»llais  for  encli  sinh  olfeiise.  and  the 
iiiereliandise  so  unladen  >iiall  Ite  forfeited.  e\<  ept  in  ease  of  some  iin- 
avoidalde  aeeideiil.  neeessity.  or  distress  of  weather.  Ill  ea^e  id'  siK  h 
iinavoidahle  aeeideiil.  iieeessitv  ol' distress  the  master  of  siieh  \cssel 
shall  ;iive  iiotiee  to.  and.  to^ietlwi  with  I  w  o  or  more  ol  the  ollieers  or 
muriiiers  on  hoard  siudi  sessel.  ol  whom  the  male  or  other  per.^on  iiexli 


in»\  i:i,'i\(i   ACTS. 


4(ir) 


in  I'OMtiiiiiiiil  >liiill  Im' uiit'.  .s|i:i]|  inakf  priiol'  ii|i<)ii  uiitli  Im-Iuic  ilircul- 
Iccliti.  <n  Mtlicr  cliirl'  ulliirr  ui  ilic  nistniiis  nf  the  district,  within  tlic 
lilllit.-nl  w  liicli  siirli  iirciilcM.  lUMM'ssitN .  ui'  disMcss  Ii:i|i|m>ii<'(I.  or  lic- 
I'nlT  llif  «MilkTl(tl'.  n\  Mllici-  rliicf  njlirci'  of  the  ro|lt'<t  ion  distlicl  williin 
Ilic  limits  ol  \vlii<'li  siirli  ncsscI  slnill  jirst  altcrw  ;ir<l  iinivc,  if  the  acci- 
ilcnt.  ncccssirv.  ui  ilisficss  li;i|i|ti'nf(I  not  within  tin-  limits  of  nny  (lis 
tiict.  lint  williin  torn  Icaiiucs  ot  tlir  coast  ot  the  I  nitcd  Stales.  The 
colltM-tni'  or  oMuT  chid  odiccf  is  licichN  anthori/cd  and  ict|iiircd  to 
administci'  sii    li  oath. 

Si'.c.  JStis.  r  an>  MK'fchandisc.  so  nnladcii  fr<»iii  on  hoaid  any  sncli 
v('ss«*l.  simll  In-  |Mit  oi'  itcoIxcmI  into  any  otln-f  vessel,  except  in  the  case 
of  snch  accide.l.  ntM-essity.  or  disi  r<'ss.  to  he  so  not  i  lied  and  |iro\('d.  the 
MMSlei' o|  any  sncn  \tssel  into  which  tin-  merciiandise  shall  l»e  so  put 
and  recei\  ed.  and  cvrry  oiIum'  jxTson  aidin*;'  and  assist  in;;  therein,  shall 
lie  liable  to  a  pemiltx  of  treble  the  \alne  of  the  mercliaiMlise,  and  the 
vessel  in  which  they  shall  l»e  so  put  shall  be  forfeiled. 


ST.  HELEN'.  ^CT. 


|.'.n  Cmiv  I  M.  C;ip.  LM.      mil  A|.mI    IMd. 


.AN    \("l'  fur  ri'iiiiliilinn   tlic    liiliirinnsr  witli   tin-  l.-sl.iinl  uC  >7.  //</(»<(,  iliniiiij  llii' 


inr    SillHiiiiiii    llliiiiiiipiirh    sll.'lll   lie  ilrt.lillrd   ll 
in  tlio  (':iHi-M  llicri  ill  iiii'Ml  iciiM'il. 


iiiiil  I'lii   jnili'Miiiitv  iiiLi  I'i'i'Hoiis 


l\'.  And  be  it  further  emn'ted.  That  it  shall  and  may  be  law  tnl  to  and 
lor  tile  (lovcinor.  c.v  in  his  Absence  the  Deputy  (loverma  of  the  said 
Island  t'oi  the  time  beinu.  <»'  tor  t  he  Commander  for  the  time  bein;;(if 
His  Majest  \  "s  Naval  or  Mililai'v  I'orces  stationed  olVor  at  the  said  Island, 
respect  i\ely,  and  the  Tersoiis  act  iiiu  nnder  his  or  t  heir  Orders  and  Com 
mands.  respectively,  by  all  necessary  W'avs  ami  Means  to  hinder  and 
prevent  any  Shi|>.  Vessel,  or  Uoal.  Ships  or  Vessels  or  Uoats.  (except 
Ships  and  N'essels  ol  and  belonuiiii;  to  or  chartered  by  the  said  Inited 
<  oinpany  of  Merchants,  ami  also  dniv  licensed  bv  the  said  ( 'omi»aiiy  for 
that  r II r; lose,  as  hereinbefore  mentioned.)  from  repairiiii;  to.  tradini;.  or 
tonchin;,^  at  the  said  Island,  or  having  aii,\  *  oiiiiniinication  with  the 
same:  and  to  liiiHler  and  |irevent  any  l'ers<m  or  i'ersoiis  from  landing- 
upon  the  said  Island  from  snch  Ships.  Vesselsor  Itoats.  and  to  sei/e  ami 
detain  all  and  ev  rv  I'erson  or  JN'rsons  that  shall  land  npon  the  said 
Island  from  the  saine:  and  all  snch  Ships.  N'essels  or  Uoats  (except  as 
aliove  excepted)  asshall  repairto.  or  trade,  or  toncli  at  the  said  island. 
Ol  shall  be  ton  lid  iioverin;;' within  I'.iuht  licauncs  of  t  lieCoast  thereof,  and 
wliich  shall   or  may  belong,  in  the  Whole  or  in  I'arl.  to  any  Snlijecl  or 

Snbjccts  (d' liis  Majesty,  or  to  any  I'ers r  i'ersoiis  ow  inn  .Mle^iamc 

to  iiis  .Majesty,  shall  and  are  hereby  declared  to  be  forfeited  to  His 
Majesty,  and  shall  and  may  !•:•  seized  and  detained,  and  bronuhl  to 
EiKjhnnl,  ,\\u\  shall  and  maybe  prosecuted  to  <  dndeiiiiiatimi  by  iiis 
Majesty's  .\ttoriiey  ( ieiieral.  in  any  of  iiis  Majesty'sCoiirts  of  IN'cord  at, 
W'l ■ilninisln-.  in  snch  manner  and  form  as  an.v  Ship,  \essel  or  iloat 
may  be   .seized,  detained,  or   prosenited  for  any  i'.reach  oi   Violation  of 

tlu'  .Navi,uatioii  or  Kevei l/avvs  of  this  Coiiiitiy:  and  the  Ollence  for 

which  sindi  Ship.  Vessel  or  liiat  shall  bi-  pr<». ceded  auaiiist  shall  and 
mav  be  laid  and  charged  to  hav  ebeiMidoiicand  cominilte;!  in  iheConnly  of 
Middhscr:  and  if  any  Ship.  Vessel  or  iJoat  not  lielon-'iny,  in  tin-  Wlndc 


il 


r 


4!>6 


FOI.'KICN    STATUTKS. 


nr  ill  I'll  It.  to  ;iiiy  I'cr.soii  or  I't-rsoiis  tlir  Siil»i«'ft  or  Siiliji'cts  of  »r  owiti^ 
Alh'yiaiKT  to  liis  Majesty,  his  Ih'irsaiul  Siircj'ssors.  sliali  n'|»aii'  to  or 
trailc  or  touch  at  the  saiil  Islaiul  of  Siiiiil  llihno.  or  shall  he  IoiuhI 
hovt'iiii;^  within  llij^lit  l.rajjfiu's  of  ilu'  Coast  tlo^rrof.  and  shall  not  »!»• 
]>art  from  the  said  Island  or  tht-  <'oast  thorcnf  wIkmi  ami  so  soon  as  the 
Mast«'i'  or  other  rcrsini  ha\  iiiu  the  ( 'har^ie  and  t  ommaiid  thereof  shall 
he  ordeicd  so  to  do  1»,\  the  (io\  eiiior  or  Lieutenant  (lover  nor  of  the  said 
Island  for  the  time  lieiny-.  or  liy  the  Commandei' of  His  MaJ<'sty's  Naval 
01  Military  i-'oice  stationed  at  (»r<dV  the  said  Island  for  tlie  time  hein;:, 
(unless  in  ease  of  iinavoidalile  Ne<essity.  or  Distress  ol  Weather,  i  smli 
Ship  or  \'ess«']  shall  he  deemed  Forfeited,  and  shall  and  may  he  seized 
and  detained  and  |Hd>efiiled  m  tlie  same  manner  as  liei  -inliet'ore  en 
aet«'d  as  to  Ships.  N'essels  or  lioats  ol'  or  helonnin^  to  any  Siihjeet  or 
Sultjeets  of  His  Majesty. 


^     i 


QUARANTINE  ACT  OF  1825, 

(n (;.(..  I v.c.TH.Sr.s. '.', n, i».    jTiii-iiiii.'  wr-.l 

A\  ACT  to  vi'pt'id  till'  s<'Vfr;iI  l,a\vs  ii-hit  iii^  t.t  ilic  i'l'i't'oniiMiKr  (>r(jn:irniitint',  iniil  to 
iiiukr  oilier  I'lox  isImiis  ill  Hell  ilicrfot. 

1 1.  And  he  it  enacted.  That  Irom  and  alt«'r  tlie  First  Day  <d".//o«',  (  hie 
thoiisaml  c'ijilit  hundred  and  tweiitylivo.  all  Vessels,  as  \v(dl  His  MaJ 
est.x's  Ships  t)f  War  as  others,  coiinn;;  tVom  or  havin;.'  toucln'il  at  any 
Vhu'v  from  wiieiice  His  Majesty,  His  H«'irs  or  Siiccess(*rs.  i.y  and  with 
the  .\dvice  of  His  or  'i'lieir  l'ri\y  Coiineil,  shall  have  ad.judji«'d  and  (!«•- 
cUi  red  it  proliahle  that  the  i'la^iie  or  other  iiifeit  inns  !>iseaseor  Distem- 
|>er  hijihly  dan;i('i'oiis  to  the  Health  of  His  .Majt'sty's  Suhjects  may  lie 
l>roii^]it.  and  all  N'osselsand  l>oats  reeeivinju;  any  IVrson.  (loods.  Wares 
and  Merchandi/e.  Packets.  I'acka;:es.  llaj:;:a{j;e.\VearinL;  A pparel.  Hooks, 
l/ctt'is.  ol'  a!i\  other  Article  whatsoeNcr.  from  or  ont  of  aii.\  N'esscI  so 
connno  from  or  havin*''  t^nudied  at  such  infec^ted  IMai-e  as  aforesaid, 
whether  such  Peisons,  ( loods.  Wares  and  Mei«liandi/«'.  Packets.  I'aek 
a;^es,  r>a;:oa;L;e.  Wearing  ApjKirel.  iJooks,  Letters,  or  other  Articles,  shall 
have  come  o!"  heeii  hroiioht  in  such  N'essels,  or  surh  I'evsou  shall  have 
"oiic.  or  .'•.<  'icles  have  he«'n  juit  on  hoard  the  same,  either  hefoic  or  after 
the  .\iiival  of  such  \'ess«'ls  at  any  Port  or  Place  in  the  I'nited  Kiii;;doiii, 
or  the  Islands  ot  (himisrif.  Jirsrif,  Aldiiiu!/.  .sV/»7.-.  or  Man,  and  whether 
such  N'essels  were  or  were  not  hound  to  any  Port  or  Place  in  the  I  iiited 
Kin;:doiii  or  the  iNlaiids  aforesaid,  ami  all  Peisons.  (loods.  Waicsaiid 
Mcrchandi/.e,  Packets,  !'acka;;es,  P.a;;};ay;e.  Weariii;;  .\pparel,  itooks. 
Let  teis,  or  any  other  Aiticle  wliatsoe\  er  on  hoardotauyX'cssels  socomiiiL; 
from  or  ha\  in;;  toiicheil  at  such  infected  Place  as  aforesaid,  or  on  hoaid 
of  any  such  l{eceivin;i'  Vessels,  or  IJoats  as  aforesaid,  shall  he  and  he 
(•oiisidcrcd  to  he  Ijahle  to  (^)uaraiit ine  within  the  Meaninji  of  this  Act. 
and  td"  any  Order  or  Orders  which  shall  lie  made  i»y  His  Majesty.  His 
Heirs  and  Surcessors,  l»y  and  with  tlii'  Ad\  ice  of  His  or  Their  Pii\.\ 
( 'oiineil.  coiicerniiio-  (Quarantine  and  the  Prexention  ot'  Infection,  from 
the  'i'iitie  of  the  Departure  of  such  N'essels  from  such  infected  Place  as 
aforesaid,  or  IVom  the  time  when  such  Persons,  (loods,  Wares.  Mer- 
«'haiidi/.t'.  I'ackets.  Packa;;es,  lhi;;';;a;,'e.  Wearin;;'  Apparel,  liooks.  Let 
t«'is.  or  other  Articles  shall  have  hctMi  received  oii  hoard  resi>eu- 
lively.    •     •     • 


llnVKHlXG    ACTS. 
VIII,  And  !)«'  it  liirllicr  ciiiH  t((l.  Tliiit  cvciv  ('niniiiiiiulci',  Miist 


41)7 


ri\  or 


let' 


(itlicr  IN'isoii  li;i\iiiu  Ilic  ( 'Imi  j;«' ol' any  N'cs.scl  liable  t(»  tlic  Pcirunnai 
)|(Jiiaiaiitiii('.  ^llall  Itc  aii<i  is  licicliy  ncjiiiic  d.  at  all  Tiiiu's.  wlicii  r;iicli 

wo 
tiivnisii/, 


\'('s.s('l  sluli  nice)  witli  aiix  otlicr  \csscl  at  lS«'a,  or  shall  he  witliin  T 
!,t'a;;Ufsof  tin- < 'oast  ot  llic  liiitcd  Kiii^idoiii.  or  llic  islaii(lsol< 


,hiy  tf.  Alilcnnii,  .s'/o7,\  or  Man,  to  lioi>l  a  Si^Mal  to  denote  lliat  liis  Ves- 
sel  is  lialile  to  tlie  I'erlorir.aiiee  of  (^)iiaraiit inc.  wliieli  Sij^ral  shall  in  tlie 
Day  Time,  if  tlie  said  X'essel  shall  have  a  clean  Hill  of  Health,  a  lar-^e 
Y«'i!ow  l-'la^of  Six  r.r«'adtlisol'  lliintin^  at  (lie  .Maintop  Masthead:  and  it 
Nneii  N'essel  shall  not  liaxca  Clean  ISilioi  Health,  then  a  like  Yellow  Flajn' 
with  a  circular  Mark  or  Uall  entirely  Ulack  in  Ihe  Middle  thereof,  whose 
hianietei' shall  he  e»inal  to  Two  lireadt  lis  ol  riiiiiiim: ;  and  in  the  Niuht 
Time  the  Si.m  al  shall  in  Itoth  Cases  lie  a  hiv^v  Signal  Lanthorn  with  a 
l.iiiht  therein  (sncli  as  is  conn  only  nscd  on  hoard  His  Majesty's  Ships 
III  \\  ai),  al  the  sann-  Ma^thead;  and  such  Comma  ndei'.  Master,  or  other 
I'crson  shall  keep  sncli  Si^^nals  respect  i\<'ly.  as  the  Case  shall  lie.  Iioisleil 
diirin.u  sinh  Time  as  the  said  N'cssel  shall  continin'  w  it  hiii  Siiiht  of  such 
other  \Cssel.  or  w  it  liin  Tw  i  I.eaunes  of  the  said  Coasts  or  Ishnnls.  and 
w  hile  so  in  Siylit,  or  within  such  I  Msiance,  nnt  il  sneli  X'essel  so  liaiilc  to 
(ihmrantine  as  aioicsaid  shall  lia\t  arri\((l  at  the  Port  or  I'lace  w  lier«' 
it  is  to  perfe!  m  r>uarantire,  and  nntilit  shall  have  iicen  le^allsdis- 
chaiycd  IVoni  llie  Perfnrman*  «•  thereof:  on  Failnie  whereof  sncli  Com- 
mar  der.  Master,  or  ot  her  Person  having  (  harj^c  of  sncii  Sliiji  or  N'cssel 
so  liaMe  to  the  Performance  o|(j>naranl  ine  shall  for  lei!  and  pay  lor  every 
sm-h  OlVense  the  Sum  of  One  hnndicd  Pounds. 

I\.  .\nd  lie  it  furl  her  enacted.  That  e\  cry  Commander.  Master,  or 
other  Person  havinj;  the  Cliar;;e  of  an\  N'cssel  on  lioaid  whereofthe 
P la. line  or  other  infections  Disease  or  Distemper  highly  danjicrons  to  the 


Icalth    of 


lis 


M: 


ijesty's    Snlijecls    siiall    actually    he,  sli 


111! 


oe.  ami 


IS 


hereity  re(|nired  at  all  Times  when  smli  N'esscl  shall  meet  willi 
any  other  S'essel  at  S<'a.  oi  shall  lie  within  'i'wo  licajiiiesof  the  coast  of 
the  Ciiitcd  Kingdom,  or  the  Islands  of  (liiiriisiii.  -hr.sri/.  Ahlrniri/, 
Siirh.  or  Midi,  to  in  list  a  Signal  to  denote  t  hat  his  N'esscl  lias  the  plague 
or  other  infections  Disease  or  i>istemper  lii;L;hly  dan.i;erons  to  the  Health 
of  ili>  Majesty's  Snlijecls  aetuall\  oil  hoard  theK'of.  which  Sif>nal  shall 
he  in  the  Day  Time  a  i'la;;  of  \ellow  and  IMack.  Iiornc  <^»naiterl\ .  <it 
l';i;;ild  lireadtlisof  P.nntin;.;,  at  the  Maintop  Ma.stlie.id;  and  in  tin  Ni;;lit 
'I'ime  the  Si.mial  shall  lieTwd  la rp' Signal  !-aiit horns,  such  as  are  etmi- 
iiionly  \{S('t\  on  hoard  of  His  Majesty's  Ships  of  War.  one  over  the  <itlier 
al  the  same  .Masthead,  and  smli  Commander.  Master,  or  other  Person 
shall  kee|»  sncli  SiL'inil  hoisted  diiiiiiu  such  Time  as  the  said  \essel  so 
lia\  iiij;  Ihe  Pla.mieor  such  <  it  her  infections  Disease  or  i  >isi  em  per  as  a  tore- 
said  on  hoard  thereof  shall  ( tiniie  witliin  Si^lit  of  si;ch  other  \  fss«'|, 

or  w  it  hill  Two  !.ea;;nesoltlic<  'oast  or  Islands  aforesaid,  while  so  in  Si;:  lit 
or  within  smh  jJistaiice.  until  such  \  essel  so  haviii;:  the  i'lauiie  or  sncli 
other  iiifectioiis  Disease  <ir  Disteiii|ier  as  aforesaid  on  hoard  tlier<'of, 
shall  have  arrived  at  the  INut  or  Place  where  it  is  to  peitorm  (^Miaraii- 
tii 


le,  am 


I  until  it  shall  have  lieeii  lejially  discliai.ued  from  the  Perform- 
aneetlierj-of;  on  failure  tliere«»f  such  < 'ommander.  Master,  or  other  Person 
liaviiiu Cliiiijiicofsiieh  \'e«sel  shall  forfeit  and  pay  for  every  sikliUtfonse 
the  Sum  ot  (hie  liniidied  Ptnindi:}. 

63 


i'.Ui'- 


^' 


m  i 


\9t.    .  .  ^   ■  ( 


OriMCIAI.   RliroRTS. 


REPORT  TO  SECRETARY  OF  TREASURY   BY  C   L.  HOOPER,  CAPTAIN 
UNITED  STATES  REVENUE  MARINE. 

PKLMJIC   SKALIN(r. 

United  States  IJevkmh  Stkamkk'  ('ouwin, 

Sf.  I'kiiI,  h'rxlltih  Ishtml.  .\la,sh(i,  Jiiiir  J  I,  J<^!f:>. 

lloU.  SF.CK'ETAIJV  of  TIIK  TWHASIRV, 

Wdshiiif/ton.   />.  r. ; 


r«    , '"^ ,' ,..--- 

cxiiiniiicd   tlic  idnkrrics  ("iK'tuIlN  i'rom   tin' vt'sscl  mikI  lumi  ilic  slioic. 

To  tlic  l)cst  (tf  my  hclict'  tlin**  wnc  not  oin'-foiutli  jiart 
f  !.^7r-iu...'.^K-r''     iiMiiiiiiv  stMlstlM'n'  liist  v<':ii  iiswlicn  I  liisl  visilt-d  tin- 

isliiiuls  111  lS(;!t  «iul  1S7(».      Ilml   tlic  liir  si'iils   liolli   in 
Ucrin^   Scii   :iih1  tin*  I'iitilic  Oioiiti  iil'«' bt'coniin;;-  less  ('ii<'!i  vciir  tlinv 
ran    !m'  no  doubt,  ;iiiil    unless  tin-  iii(lisciiiiiiii;itr  slimjilitci'  is  stojtjK'd, 
tlH',\  will  soon  ln'foiiic  extinct  in  the  waters  nanieil. 
4U8 


mm 


wm 


mmtai^ 


C.    L.    irooi'HI},    CAl'TAIN,    11.    S.    li.    M. 


49!) 


Slllllifllirr  ill  I'aritlu 
Ofrilll. 


Sciiliiii;  (ilV  Calil'dr- 
iiiii  ciiusl. 


W'lisll'  iil'lirr. 


Ill  this  ('niiiu'ctiini  I  wish  to  statoi  tliiit  in  my  .iii<ly:iiuMit  i».v  lai  thi< 
•rieiitn-  shiii^htri'  anil  waste  of  seal  life  takes  phiee  in 
Hie  Paeilie  Deeaii.  wlinc  they  are  eonstaiitly  hunted 
ami  harassed  IVoin  Hie  time  they  arrive  olt  theeoastof 
(/aliloriiia  in  .lannary  until  they  entiT  Heiiii};-  Sea  in 
•Iiiiie  and  .Inly.  There  are  this  season  |nol»ably  7(M) 
lioats  or  eaiioes  eiij;a;ied  in  hnntinj'"  fur  seals  in  the 
I'aeitie  Ocean  alonj;  the  Ameriean  coast;  many  of  them  coininenced 
hiiiitin;;  in  .lannary  or  l''elnnaiy  otf  theeoast  of  ('alifornia  and  Ore'jon, 
ami  liaN'e  kept  it  n|M-oiitinnally,  followiiiji;-  tin*  seals  in  their  movements 
northward  until  at  the  present  time  they  are  in  the  Alaskan  (inlf  he 
tweeii  the  St.  iOlias  re^ii'Ui  iind  the  .\lcntian  island  passi^s,  toward 
wliicli  tlu^  seals  are  making  tiieir  way,  fri;;htened  and  exhausted  after 
four  UHHiths'  constant  elfort  to  «'scape  the  spear  and  shotjjiiu  of  tln^ 
hunter. 

The  seal  catch  in  the  I'acilic  Ocean  ol  the  Victoria  sealin;;-  tloet  alone 
up  to  the  iL'tli  instant  was«'stimated  at  ."»(».tM>0.     Victor 

II  i.  i-.ii>'ii  I-  1  If  l.ai'ui'  I'iitrli  ill   I'll- 

.lacolisoii,  master  ot  the  iSritish  scaliiij^' schooner  Mnrif  .mi,. 
/v7/rH,  one  of  tlu'  oldest  sealers  oat  of  X'ictoria,  w  ho  "'"// /'"-/i. 
funiislied  me  with  this  t'stiim'  <■,  de«'Iar«'d  it  as  his  belief,  based  upon 
what  he  kiu'w  about  sealinj;,  tliat  (iie  ."i(l.(M»(»  seals  taken  represent 
a  loss  of  over  l(M>.(KH(  seals  on  accoiiiit  at'  the  killing;'  of 
iiniiorn  yoiin^,  and  the  loss  by  sinkin.!^'  and  woiindin;; 
past  recovery.  'I'lu^  .\mericaii  sealers  have  proiialily  been  eipially  de- 
structive, 'i'his  destriictioii  is  increasinjn' yearly,  not  only  in  tin'  ratio 
of  the  increase  in  the  number  of  v»'ssels,  but  iiy  riasoii  of  the  increased 
experience  and  kmtwledj'c  of  the  habits  of  the  seal  l»y 
the  hunters,  ami  each  vessel  is  aiilc  to  take  more  seals 
than  formerly,  not withstandin^i' the  fact  that  seals  are 
iiccomiiiji'  less  each  year.  The  route  of  tlie  fur  seal  after  it  tirst  appears 
ollthe  coast  of  ( 'alifornia  in  .lannary  is  wcli  known;  all  their  feeiiin;; 
places  ari' know  n  and  carefully  watched;  indeed,  tlie  entire  ronte  of 
travel  is  carefully  watched  and  patrolled  every  da\  that  tlie  condition 
of  wind  and  vvaves  will  permit,  iionu  practice  has  made  tin'  eyesij^ht 
of  the  linnler  keen,  ami  his  know  ledye  of  the  habits  ..f  the  fur  seal  per- 
fect. If  but  one  seal  attempted  to  follow  the  route  usually  taken  by 
tlu' seal  herds,  I  doubt  it  it  coiihl  escape  capture,  so  tlmroujjh  is  the 
watch  that  is  kept  for  lliem.  Intil  recently  liie  old  imils  that  iiilialiit 
the  breeding'  rookeries  liave  not  iu'cii  killed  by  the  hunters,  as  the  skin 
is  of  no  value;  now.  howexer,  a  iisi-  has  been  loiiml  for  the  old  iuill.  its 
skin  biin;^s  the  same  juice  as  any  other,  ami  it  is  beinj;  hunted  ami 
killed  with  the  rest.  They  are  found  in  larji'c  iiiimlicrs  otl'  Vakiitat 
and  the  vicinity  of  Middletim  Island.  The  Ameriean 
schooner  Jlintji  Ihinii.s,  previniid\  repinted  liy  me  as 
lakiii  i^old  male  seals  of  Vakutat,  arrived  at  this  place  a  few  days  since 
with  over  l.doo  skins,  haviii-'  taken  al»out  l.<HH»  since  we  spoki'  her  ou 
the  J'M  ol  April  between  the  points  named.  Of  these  I  am  told  that 
many  w«'n'  \t'r.\  larjic  old  inahs.  The  lircediii;;  females,  pups,  and 
yoiiiij:  males  are  hunted  and  killed  from  the  time  they 
reach  the  coast  ot  ('alifornia  until  they  enter  Merinj;' 
Sea.  and  the  older  males  and  old  bulls  that  inhabit  the  iireedin;;'  r«»ok- 
iTies  ar«'  Ijviiiin  killed  np(ni  tlu'ir  feeding  •ir<»iiiids  in  the  Alaskan  (inlf. 
With  this  roiidition  ol  allairs  evistinj-- in  the  I'acilic  Ocean,  it  is  easy 


I'rlillilc    srillill 
Ilir  in.li'ilsr. 


.  M!f.'. 


Srillill^  iiU'ciiaMt. 


to  understand  that  no  amount  ol  protection  to  tlie  I'nr 
seal    in    IJeriii};"  Sea  will   prevent   their   becomiuji    e\ 
'iiict  ilia  few  years.     'i'lie>  iiinsi    be   pvolecti-d    in   the 
TaciUc  Ociau  also,  m  the  day  of  the  fur  seal  is  numbered. 


I'llll'l  tlll!l       III 


I'll- 


lilir  Ol  IMII  llrciMWry 


:■*■■' 


yifn 


oOO 


ori'icr  •  I.   K'r.i'oiM's. 


ft       '!  J   .    ' 


-1 


'Plir  scaliiiji'  on  1  hv  vty,\s\  of  ( 'aliliiiniii  ;iii(l  ( )i('i;ttii  is  (Iniic  l»y  sclionncrs 
.     ,  iiiiiniH'd  hv  wliitf  men  iiiitl   Miniu'ilv  lifted   lor  iriiiiiin 

iii;i  iit  st':i  Ml  :ill  wcallicis.  Miiiiy  of  tlicsc  scIh»miici> 
}ll'«' J)iirt  oltliv  nt'liiii;  Sc;i  licet,  'I'liere  iippeiMs  to  lie  iin  lixed  liite  n\ 
nini|M'iisjiti(m  liti'  tlie  crews  oftliesc  vessels.  e;itli  owner  ncikes  liisown 
luirjiiiin.  Tile  Imnteis  ure  piiid  l»y  flie  skin.  The  niiister.  iis  a  rnle.  is 
l»;iid  by  tlie  month  iit  ^^I't  or  •"i'lon.  ;ilthou,yh  sonn-  iceeive  n  shiire  of  tlie 
j'iiti'ii.  Miiny  of  the  liir.u'er  xcssels  carry  two  mates,  wiio  recei\«' "<(;(( 
and  •"?!'»  per  month.  respecliNcly.  Tiie  cook  iecei\es  >«.'">0  or  •"!<(•(>.  accord 
in;;'  t<)  tlie  size  of  t  he  vessel ;  the  hunters  receiviiiii  from  .*,■».."»(►  to  'r' I 
l»er  skin  this  year.  The  boats"  crews,  called  boat  pnllers  and  Itoal 
stccieis  recei\e  'f'J't  to  <\{)  per  month. or  L'.">  cents  perskin,  and  ^l.'t  per 
niimtli.  or  (10  cents  perskin  witleiiit  monthly  pay.  The  vessel  fnrnislies 
food,  aiid.it  is  said,  feed  the  e.eii  fairly  well.  The  hunters  live  in  the 
ealiin  with  the  master.  Tlieii  duty  consists  cut irely  in  shoot iiii;  seals. 
They  have  nothinii  t<i  do  with  the  workiiiLt  of  the  \essel.  and  do  not 
even  take  oil' or  salt  skins  of  the  seals  caiii;lit  by  themselves.  'I'lie  boat 
^  1^^  in  ueiieral  use  by  the  sealers   is  what    is   known   as  an 

otter  boat,  as  it  was  first  used  by  tlie  sea  otter  liiiiiters. 
It  is  from  IStoL'l  feet  in  length,  sharp  ends,  with  roiiiided  bottom,  and 
easy.  ;;racefiil  lines  to  eiialde  it  to  i;o  tliroin;h  the  water  with  as  little 
noise  as  |»ossible.  'I'he  boat  is  lilted  with  two  pairs  of  short  oars  or 
sciills  and  two  sails.  A  mainsail,  which  is  fitted  to  hoist  and  lower  on 
the  mast,  and  a  jib.  The  lattei'  impress  me  as  beiim  in  t he  linntcr's 
way  and  altogether  incon\i'iiieiit.  but  they  are  iii\  ariably  used.  Al 
though  the,\  cruise  under  sail  a  yicat  deal,  the  linntei'  has  a  ]»rejiidicc 
a.iiaiii>t  the  centei  lM»aid.  and  xi-ry  lew  boats  aie  lilted  that  way.  Il  is 
claimed  that  tli**  cciiterboard  makes  a  noise,  and  in  approacliini:  a 
^.      ^  slccpiiiji-  seal    silence   is  of  the    lirst    importance.     A 

boat's  crew  consist  soft  luce  nil '11.  I  he  hunter  wlio  stands 

forward,  the  boat  puller  w  ho  sits  amidships  and   pnlls.  and  the  boat 

steerei  who  stands  or  sits  neai  the  stern  of  the   boat    faciii;^'   forward 

and  pushes  and  steers  the   boat  with   the  sculls  at    the  same  time,  a^ 

^  directed  by  the  hunter  by  word  or  si;:ii.      I''acli  boat  is 

furnished  with  two  shotuuns.  and  many  in  addition 
carry  a  Winchester  rille.  Only  the  best  breech  loadiiii;  shotguns  are 
used.  'I'he  lit  i;au.u<' hainiiieiless  Talker  is  a  fa\orite.  'I'lic  char^'c  is 
4  to  ."»  drams  of  powder  and  L'l  No.  1*  or  L'S  No.  :\  buckshot  in  brass 
shells,  paper  shells  beiim  kept  in  the  boat  iibsorb  moistiiiu',  swell  up, 
and  will  not  enter  the  u'liii. 

In  ^tttiiii;  our  sealing;  out  lit  in  San  T'laiicisco  1  b<m^lit  paper  shells, 
but  soon  found  that  they  would  not  answer  the  purpose,  for  this  reason, 
the  yiiiis  and  ainniunition  are  ucncrally  furnished  by  the  \cssel.  but 
some  liiintci  s  prefci  to  use  their  own  ;.iiins  and  to  prepare  their  own 
ainiiiiinitioii.  The  laryer  vessels  carry  six  regular  boats  »ui  deck,  and 
a  boat  hoisted  at  the  >teiii.  which  in  moderate  weather  and  when  seals 

arc  Ileal  the  vessel  is  used  by  the  master.  In  weather 
' '"^  suitable  for  sealin;;.  all  boats  are  lowered  about  (I  a.  iii.. 
to^i\e  them  an  oppoilunily  to  separate  and  ;;et  well  away  from  the 
\esscl  before  the  seals  be;;in  to  sleep.  If  tlieii'  is  a  bree/e,  sail  is  made 
at  once:  if  not,  oars  are  used,  the  rowers  bending  to  their  oars  w  itii  a 
will,  u  hile  the  II II liter  stands  erect  in  the  bow  of  the  liny  craft,  his  uu" 

in  hand,  scanning  the  sea  earefulh  in  eveiv  direction, 
^  |n.iis.,i.„i..:...  kill    ,,,.„j  „|^,,,|  (he  destructi'Hi  of  any  seal  that' fate  iniiiht 

throw  in  his  way.  whet  hei  old.  yoiiim.  male,  or  feimilc. 
it  matters  not  to  the  hunter,  he  is  [laid  so  many  dollars  for  a  seal  skin, 


C.    L.    IIOOI'KK,    CAITAIN,    U.    S.    I{.    M. 


AOl 


iinil  nil  cniiiit.  II|MHi  l(';i\iii;i'  flic  vessel  the  Itniits  iilwiiys  work  to  wiiid- 
\v;ii<l,  ;is  sleeping  s»mIs  ciin  only  l»e  iippioiiclicd  IVoiii  tlic  Iccwuid  side, 
ir  iiixlci'  siiil  iiiiil  ;i  sifcpcr  is  sct-ii  siiil  is  iiiiincrljiitcly  tiikcii  in  ami  tin- 
sciills  used.  'I'lic  vessel  follows  tlie  hoats  iiiider  short  sail,  and  endeav- 
ois  to  keep  tlieiH  in  sijiild,  (»r  at  least  know  in  what  diii'cti'  m  they  are. 
In  this  they  sue  not  alwa\s  sneressl'ni.  as  the  lioats  soi  times  ;ict 
se|»a rated  from  the  vessel  ami  are  picked  np  I ty  other  vessels  a  Her  several 
days'  possess!  veexposn  re.  and  eases  are  not  waiitin.noll>oafs  having  I  »een 
lost  i-ntirely.  Sealin;^'  l»oats  seldom  leave  the  vessel  witliont  a  snpply 
of  food  and  water  snilieieni  for  a  day  or  two.  They  are  also  fitted  with 
a  compass.  Travelin.i;  oi-  playin;;  sea's  are  shot  at  and  occasionally 
seen  red,  1  tut  a  larjue  nmjoiitv  of  seals  taken  are  killed  ,  ,  ,  , 
wliMe  asleep.  Seals  sleep  in  file  daythiie  and  in  j^ood 
weather  only.  The  time  of  day  f  hey  jl;(»  to  sleep  depends  upon  the  state 
of  the  weather  and  comlit  ion  of  the  sea  then  and  in  the  immediate 
|tast.  If  they  lia\e  l>een  kept  awake  hy  i)ad  weather  they  <{(»  to  sleep 
earlier  than  they  do  in  a  loii^^'  spell  oi  ;;ood  weatiier.  (ieiierally  on  a 
moderate  day  they  :ire  I'oiind  sleepini;  if  found  at  all  from  !)  to  1 1  o'clock 
in  the  forenoon,  and  until  '»  or  (*  o'clock  in  tlie  afternoon,  and  some- 
times later.  .M'ter  tliey  iire  awake  if  the  weather  is  particularly  line, 
they  remain  rolling;  and  pla.vin^  on  the  water,  and  are  not  dilliciilt 
t<»  kill  if  (t|»proaclied  very  caiitioiisly.  Itiit  llie_\  are  exceedingly  wary, 
citi'  -r  sleepiii:;  ^)\■  wakiii*;',  and  ^reat  skill  and  <-aiitioii  is  re(|iiired  to 
secure  them. 

Tlie  seal  lies  upon  his  hack  while  sleepinj'.  w  itli  his  nose  out  of  watei-. 
liis  llippers  folded  or  slightly  raised,  and  ids  head  to  leeward;  his  mus- 
cles are  apparent l,\  ndaxed.  and  his  head  sw  iiiiis  Ikuii  side  to  side  with 
each  undulation  of  the  wa\es.  NN'hether  he  keeps  his  head  to  Ici'ward 
of  his  liody  from  choice,  or  his  head  heiii.u  tin*  only  part  <'\posed  he  as- 
Slimes  that  position  in  oliedieiice  to  the  actitm  of  the  w  iiid.  I  am  nnalile 
to  stale.  I  am  assured  1»,\  all  h  miters  that  such  is  tlie  fact,  and  tiiat  w  hen 
sleepiii;:' dniiii.L;  li.iilit  Itatlliiij;"  airs  the  seal  clian,L;cs  his  position  with 
each  change  of  the  wind,  no  matter  how  slight,  iind  witliont  showiii;;' 
anv  signs  of  con^ions  a<'tion.  .Vs  stated,  the  boat  aj>- 
proaclns  the  ^.,1  from  the  leeward  side,  rowiii---  up  to  ,,,,^[;"""'  "''  '"''"'- 
him  assileiitl.N  as  possihle.  With  a  liylit  luee/e  blow - 
\u<X.  the  seal  sle«'piii-  soundly,  and  all  the  conditions  favoralile.  the 
liiiiiter  can  seU'«'t  his  own  distance,  lie  approaches  within  1<>  to  L'O 
yards  and  shoots  the  seal  in  the  side  tit'  the  head  as  it  is  moved  from 
side  to  side  In  the  acti(»!i  of  the  sea.  and  easily  kills  it.  Tiie  boat  bciiij;- 
so  near  the  soal  ainl  head  to,  and  the  men  all  ready  to  "  {jfive  way," 
only  a  few  seconds  of  time  are  r(M|uired  to  j^ct  the  seal  into  the  boat, 
ami  but  few  are  lost.  Hut  t hi' t'onditions  are  not  always  so  favoralde. 
Tin- seal  is  a  \  cry  liylit  slee|H'.rat  best  andawakesat  thoslijilitestsoiind, 
and  dm  iiiii  a  Ion*: coiilimied  sjiell  of  line  weallier.  it  bci-omcs  exccedinjily 
wakeful,  an.l  it  is  with  dilliiiilty  that  it  is  appmached  near  eiioii>:li  to 
kill.  As  a  liUMter  is  tryinji' to  ^-et  within  shoot  in-i  distance,  if  the  sleep- 
in;;  sei.I  sIkuvn  si^nsof  wakiii:.;.  he  does  not  hesitate  to  shoot  because 


he  ma..   possii>I.\  luiss  it  or  Imi 


aiise  the  seal  is  so  far  awa\  that  if  killed 


it  may  sink  beline  the  lioat  can  reach  it:  he  jiives  himself  the  benelit 
of  tlie  doultt.  and  shoots  w  liene\er  in  his  mind  there  is  a  possibilit.\-  of 
killiii<;.  no  matter  how  i-- mote  the  possiiiility  may  l»c.  An  accidental 
shot  may  kill  tk<^  sea,!  a*rd  brinj;  to  the  hunter  *  t.  "A  seal  has  no 
value  mil il  he  is  capi  i  red"  is  a  coniiiion  sayinj;' ainoug  tlu' sealers.  .V 
lui.ss  eo.sis  the  huulei  notliin;;'. 


T: 


|^%i 


•''.£- 


if|^^- 


")02 


ori'H'iAi.  ur.i'iUM's. 


lit'' 


■1      !■ 


«    >     ■       '  ■ 


Ill- 


■      -if. 


N«'illM'r  (l<»  tlicy  cimliiH'  llu'inscKcs  to  slKKttiii;^"  iit  slo-piii;;'  snils,  liiit 
sliM(»t  ill  r\  ri\  lliiiiu  tliiit   rallies  witliiii  possiltlc  riiiim'. 


\V; 


>i  III' 


;|Ih1  rt'liiiiili  ill>ii\t'  Wiilri'  Ion;;- clioii;;!!  for  t  lie  liiiillcr  to 
jict  liis  j;im  to  liis  sliuiiltlcr.  If  tlir  disliuirt'  is  too  •;rc;it  lor  tin-  slmt- 
;iiiii  llic  lillr  is  siil>slitiil('(l.  'I'lic  rliiiiUTs  of  missiii';- I'litin-I.v  or  only 
\\omHliii.u  ii  sciil  iiirr«'iisc  with  tlic  iiicrciiscd  distiiiuM'.  and  if  Killed  tlir 
fliaiircs  of  t  lie  seal  sinkiii<:  hcforc  it  r:iii  Itr  r(>iirlM'd  liy  tlic  l>o:it  id<o 
iiK-n-iist'  with  tilt'  distiitit-c,  on  ii<-coniit  of  Ilic  •frcatci-  tiiiic  rrqiiirrd  to 

ji«'l  to  it.     'I'lirrrfon',  while  the  percent  a  ji'C  of  loss  l>y 

sinkiii;;'  (»f  seals  shot  while  sh'i'pin;;'  is  eoin|>arati\e|y 
small,  the  lost  hy  sinkiii;;  and  wonntliii;;-  past  ri'eovery  of  seals  slmt  at 
ill  the  water  under  all  eonditions  is  coiisideralile.  The  estimated  per 
reiita;;<'  of  loss  of  seals  in  this  wa\-,  as  shown  l>y  the  av«'rajj;e  of  the  atli- 
da\  its  of  sealers,  both  white  and  Indian,  is  alioiil  ."JT/,  per  cent.  The 
aetiial  peiceiita.m'  of  loss  liy  us  hy  sinking;  and  woiiiidiii;:  o|"  seals  siint 
was  l<»  per  tent.  The  estimated  loss  as  show  ii  liy  the  allidavits  o|  ihe 
sealers  \aiy  jii'eafly.  staiie  elaimin.u  little  or  no  |(»ss  and  <itli»'rs  admit- 
tiiin'  as  hi^ili  as  .~i(»  per  tent.  I  aettoiint  for  tiiese  disciepaiieies  by  snp- 
po^inu.  first,  that  tin*  pereeiitaye  of  loss  dilVers  witli  dilleieiit  men  and 
under  dilteient  conditions.  'IMiat  the  sealers  are  not  dose  oliser vers, 
and  are  only  interested  in  those  they  secure,  and  that  those  who  claim 
MO  losses  <lo  not  tell  the  trntli.  We  kimw  posit  i\el\  liy  oiir  own  expeii 
eiM-c  tliat  there  ar»'  losses — some  seal  shot  Ity  onr  hiintors  sunk  immetli- 
aiely.  On  llic  coast  of  \\as|iiii;>ton  sealing;'  In'uiiis  in  March  and  iscar- 
ricd  on  in  small  schooners  manned  !>y  Indians.  Tliey  hunt  in  canoes, 
each  canoe  confainiii';  two  men.  They  are  propelled  l»y  sail  and  pa<ldles, 
and  w  hile  tlic\  all  carry  shol;iiiiis  ami  rillcs  they  depend  almost  entirely 
upon  the  spear,  willi  which  they  are  very  expert. 

The  schooners  lake  from  ei;:iht  to  lift  ecu  canoes  on  deck,  according  to 
Ihe  si/.e  of  the  vessel.     They  remain  at  sea  as  loiij^'  as  the  weallici    re 

mains  siiitaltle  for  sealiii;i,  and  cruise  w  ithin   a    radius 


llilL 


/,../^(. 


of  sdi.r  Kin  miles  of  Cape  I'laltery.  The  Indians  fiii- 
ni  si  Ma  noes  and  out  tils.spiMis,  paddles,  mins.ammniiition,  and  their  own 
food,  fuel,  aii<l  waler.  and  receive  twothirtis  of  Ihe  catch.  Ihe  \  essel 
taking;'  one  third  and  Imyiiiji  th«'  other  two  tliiids  from  the  Indians. 
Simie  of  these  \fsscls,  al'ler  the  close  of  the  sealiiiji'  season  olf  Cape 
l-'laltcry,  lit  out  for  l>eriii]U'  Sea.  The  schooner  LoUn, 
of  alioiit  oO  tons,  owned  and  commanded  liy  an  In- 
dian crew,  hasheeii  I  hree  se;i>oiis  in  lleriii;;"  Sea  ;  >he  carried  six  «aiioes, 
ami  made  a  ^oi id  catch  each  lime.  Many  of  the  Neah  Hay  Indians 
are  in  uodd  ciicnmstaiiees,  tlie  result  of  siiceessfnl  seal  hnntiiiii.  Two 
of  the  Indian  hnnters  taken  on  l»oard  the  Ctinviii  at  Neah  Kay,  Kla- 
liosli  and  his  son  Schuyler  ('olfax.  while  at  Sitka  liar- 
;;aiiied  for  the  schooner  Htlirl,  sei/.t'd  i»y  this  \  «'ssel  in 
lieiiiii:  Sea  last  year,  now  owned  at  Sitka  and  named 
the  ('hint.  She  is  In  l»edeli\ered  to  them  on  l'n;;«'l  Sound  at  the  end 
of  the  present  sealin.y  season  on  the  coast  for  the  sum  of  >*~'»iK  hater 
in  the  season  the  Indians  at  (^>iiillehnte  and  Neah  I'.ay  j:o  out  from  Ihe 
land  sealing  in  their  canoes;  also  from  the  hailiors  on  the  south  ami 
west  coast  of  Vancouver.     The  Nsinconver  Indians  ji<> 


Ethrl. 
rl.ini 


IikI 


I. Ill   ^iMlIM^ 


out  somewhat  earlier  than  the  others,  for  the  ic;i-:oii 
that  the  seals  come  nearer  the  coast,  and  are  not  compelled  to  venture 
so  tar  from  shore  in  llu'  treacherons  weather  of  early  sprinj;'.  Two  men 
constiliile  a  crew  for  a  \'aiicoii\  er  Island  or  Cape  l-'latlery  canoe.  They 
Bchloin  remain  out  over  uiylit.     The<,|ncllehnlecanue.scarry  thiiic  nu'ii, 


C.   I..   iiooi-Ki;,   CAI'TAIX,   ir.  s.  k.  m.  /)();$ 

illlil  oil  iU-C(»llllt  or  tln'  tinicli  ;;r»';ilrr  (lisl;iiirr  tlicy  iirc   coilllM-lliMl  to  <;o 
to  Hiid  sciil  ill*'  «)rt«'n  \iv\tt  out  ovfi  iii;;lit. 

Mmi.v  ol"  (ln'  N'iiiicoiivrr  Ishinil  linliiins  iiic  tnkcn  out  ;is  scnliii;; crew  s 
on  llu'  N'irtoriii  sriiliiij;  scliuoiifi  s,  'I'lie  scliooiicr  A'imwV  0/,st»,  lioiirdcd 
Itv  lis  Miiv   l-».  Iiiul   ii  crew  foiisistiii;:'  of  \';iiici»iiv<'i' 

lil.liiMIS.      Kiirll  cillio."  n-.rivrs  Ml',    |„,-   ,.|mIi  skin  t;ilv.-M       ''■'""'"' '""• 

by  licr,  or  Al.."»(l  per  maii.  iiml  :i  lionnty  ol  '*'S>  :i  «;iiinc  lor  the  scnsoii. 
Tlic  «'lii('r  or  licixl  iiiilli  rcci'ivrs  AlL'O  for  oiiuiiiiiiii;  the  ciinocs. 

Owiiiii  to  tlif  latrr  ;iiTiviil  of  .s|Min«;  and  |ilr;isaiit  svcatlM-r  faitln'r 
iH)rtli.llu'  sraliii^i  season  there  In'^ins  la  lei'.  At  Sitka  they  made  the  liist 
sealin*;' trips  in  eaiioes  altont  .Ma.\  1.  On  aeeoiint  ot' the  niieertainty 
of  the  woatlnT  they  dared  not  venture  out  «'ailier.  We  saw  imineions 
seals  oil'  tlie  I'lilraiiee  to  Sitka  Soniid  early  in  April,  and  so  reported  to 
the  Indiiiiissit  Sitka,  imf  even  this  was  not  enoM,:4li  to  tempt  them  out- 
side until  the  arrival  of  settled  Weather.  At  llooniah  altoiit  the  mid- 
dle of  April  we  were  t(dd  that  linnters  were  ^  l  al'tei'  hair  seal  and  hsh 
for  use  on  a  seal  and  sea  otter  limit  in<;  trip  u  hieli  they  proposed  toiin- 
dertiike  some  weeks  later. 

On  our  arriviil  iit  <'apes  (Miaeon  ami  Mil /on.  on  the  north  side  of  !)i\- 


1  lllli;lll  Hi  ;lll 


Miiiijlii 


on's  I'lntraiiev  alioiit  May  II.  we  found  lar:.:)-  iiiiml)er: 
of  Indian  s<'al  linnters  from  Narioiis  parts  of  Alaska, 
and  from  British  ('oliimliia  and  (^>iii-eii  Charlotte  Island  eiieamped 
waitiii;:'  lor  moderate  weather  to  heyin  sealinji-.  They  arrived  on  tlu^ 
;:roiiiid  alxMit  May  I.  and  said  they  would  return  tit  their  home  some- 
time in  .lime,  as  the  seal  would  then  lie  ^oiie.  Miit  three  seals  had  Iteen 
taken  at  ('a|ie  Chaeoii.  and  two  at  <'a]M-  Mii/on. 

.\  (M'ew  for  a  hunting'  eanoe  at  ('ape  ('liaeoii  eoiisists  of  four  men. 
The  Cape  Mn/<ni  eaiioes,  which  are  laruer  and  jio  lai  tlier  to  sea  in  search 
of  seals,  carry  six  men.  The  hiiiiter  is  in  i'har.ue.  and  emploNs  the 
other  iiu'ii.  They  II  s«'  the  spear  but  little.depeiidin.!.;  almost  en  I  irely  upon 
the  ;;iin.  and  what  seems  most  reiiiai  kalde.  they  use  the  iliid>uii  r>ay 
musket,  a  sin<;le  liarreled  muzzle  loader  of  lar^c  l)ore.  instead  of  thi^ 
line  double  barreled  breechloader  in  use  by  the  while  linnters  and  the 
Neah  ISay  and  other  Indians. 

In  re^^ard  to  the  mi^^ration  of  the  seal,  from  all  I  have  learned  I  am 
of  the  opinion  that  the  seals  upon  leaving  the  I'ribilof 
Islands,  make  their  way  to  the  coast  of  (California  and 
Ore^dn  in  niiicli  less  time  than  is  jiciierally  supposed.  The  females  and 
yoniiin  leave  first,  commeiicinii'  in  October.  The  yoiinyfr  males  jnilow, 
and,  I  am  ciHiviiiced.  join  and  remain  w  itii  the  !'-iiiali's  until  tlie\  return 
to  the  islands,  altlioii;;h  it  appears  that  tiiey  do  not  haul  out  at  the  same 
time  as  the  females.  We  loiiiid  the  females,  yearliiius.  and  Iwoyear- 
olds  ol  both  sexes  together  at  all  times.  I  lia\c  been  t(»ld  l>\  seal  hun- 
ters that  it  is  no  iinnsiial  thin;;  to  lind  a  \(>iin.u'  male  kee|)iii^  watch 
near  a  s;eepinf>:  female:  that  when  iait  two  seals  are  seen  toiicllier  one 
is  a  yoiiii;;-  male  and  one  a  female,  and  that,  if  either,  it  is  the  female 
that  is  asleep. 

It  is  well  known  that  many  seals,  especially  males,  remain  on  the 
islands  well  into  the  winter.  .\ccordiii,u-  to  the  statement  ot  n  hiinter 
who  was(»ii  b(»ard  at  the  time. the  IJritisli  schooner  llitrr- 
alls,  Hansen,  master,  raided  Southwest  rookery  on  St. 
Paul  Island  on  the  niylit  of  No\emi»er  L'7.  1S!I1.  and  to(»k  ISO  seals, 
which  would  indicate  that  at  that  time  seals  were  still  plentibil  on  the 
island. 

1  visited  the  I'ribilof  Islands  about  January  L'.'J,  ISSd,  in  «'oinmaiid  of 
the  revenue  steamer  Bmli,  and  was  tohl  that  a'MUive"  had  been  made 


7(l*,  I  SMI. 


..t 


i 


504 


OKFICIAIi    UKI'ni.'TS. 


I.V     y 


!1 


i,tA 


Jib 

III- 


Sfiiliiii:  III!  iiiiisl. 


tln' diiy  previous  to  our  ill riv;il  iiinl  1,000  simIs  killrd.  (^>iiitf  ii  liir^iv 
iiuinl)*'!'  (if  sciils  wvvv  oil  the  rookriii's  iit  tliiit  tiiiii- — :ill  iimlrs  i 
Wiis  told.  \V«'  siiilrd  on  tliiit  niiisr  .liiiiuiiry  L*  \  in  riiy;»'i  Soiintl  iiliniii 
.liUiiiiiiy  !>.  |)uriii;;  thr  piissiij;*' iVoiii  Piiurt  SoimmI  to  liiiiiink  l'iis>. 
al't«'r  cIcaiiiijLi  iIm'  laiid  wr  saw  fur  srals  lu-arlx  t'Vi'iy  tiay.  'I'licsc  wcic 
]irol)ably  soiii«>  of  tlit*  last  to  leave  the  islaiMls,  and  were  on  tlicir  \\:\\ 
to  the  Aiiieriean  eoast  in  stsirrli  of  food  and  a  milder  climate,  'riiosc 
whieli  left  earlier  were  already  iipon  tin-  eoast.  As  shown  l>y  the  alii 
da\itsof  IIh' scalrrs,  they  l»r;iiii  to  take  seals  on  tlif 
roast  of  ralifoinia  in  .lannary.  The  climate  and  fooil 
sii|)|ily  iindonbtedly  control  the  migration  of  the  seals  as  they  do  other 
animals.  The  old  males  lieiii;;  liardier  and  stron;:er  can  withstand  tlie 
climate  and  secure  food  under  conditions  that  would  l>e  niieiidiiralile 
for  females  and  yoiinj^'.  Male  seals  remain  u|)on  and  around  theislainis 
until  the  ice  a|>pears.  Tln'  natixes  say  thecodlish  also  disappears  with 
tluHirst  appearance  of  ice.  Many  of  these  males.  I  ltelie\e.  remain  upon 
the  lishiii;;  Itaiiks  in  IJerinji  Sea  «liirin};  the  rest  of  the  winter  Some 
of  them  u*)  to  the  banks  outside  (tf  the  Aieiitiaii  eliain,  and  others  to 
the  hanks  farther  east. 

(Mil  hulls  ar»' raiely  seen  soutlu)!"  Cross  Sou  ml.  while  we  found  tlieiii 
l»leiitiful  and  apparently  in  piMcefiil  possession  of  a  liberal  supply  nl 
red  rock  lishal»ont  7."»  miles  olV  Vakutat. 

.\s  the  cold  weather  approaches,  the  females  and  Ndiiii;;  lea\e  lleriiin' 
Sea,  ami  alioiit  two  months  later  ap|>ear  oil' the  Ameii 
can  coast,  where  they  lind  a  <;-eiiial  climate  and  an 
abundance  of  food.  Tiiey  appeal'  (Ui  the  i-oast  of  <  'alifoinia  and  Oih'uiim 
simultaneously  with  the  smelt  and  herrin;;.  As  I  previously  leporled. 
we  learne<l  upon  our  arrival  at  Astoria,  Slarch  IS,  that  the  smelt  had 
eomeaud  j;<uu';  that  they  were  unusually  early  tliisyeai.  We  were  told 
by  the  sealers  otf  the  coast  at  that  time,  and  ourobservationsconliriiied 
it.  tiiaf  the  seals  wt're  inoviii;'-  north  uni's^ially  early.  On  the  coast  nl' 
Alaska  in  April  and  May,  when  aeeordin<;'  to  our  ol)S(>i'\ ations  and  liic 
testimony  of  the  Imlians  .sen Is  are  most  plentiful,  we  found  the  bays 
tille<l  with  herring',  smelt,  and  eulaclion. 

1  am,  \<'ry  respectfully,  your  obedient  servant, 

('.  Ii.  ll(M»i'i:if, 
Captain,  United  States   lurvnue  Moriiir. 


MiiLiiMtiiHi. 


REPORT  OF  JOHNSTONE  H.  QUINAN,  SECOND    LIEUTENANT 
UNITED  STATES  REVENUE  MARINE. 

i'Ki>A(iic  si:alin(;. 

Tnitku  Statk.s  Kevkm'k  Sti;amkw  ComviN, 

Sitka,  Ala.sl:a,  Mai/  I,  ls!t:,\ 
Capt.C.  L.  IIooi'EU,  r.  S.  1{.  M., 

Connnandinff : 
Siu:   I  herewith  respectfully  oti'er  the  following;  notes  relative  to  |)e 
la^ic  st'alin;^-  derived   from   (d»ser\atioii    and   personal 
experience. 

In  <»be(liene«'  to  yiair  orch-rs  I  accompanied  tw<)  Neah   IJay  Indians, 

Cliad  and   Wilton  bv  name,  Mav  1st  and  2d,  otf  Sitka 

iiMiiilns.'"''"'"  "'"'   «<>ond,  \o  hunt  seal.'     Thecaiioe  we  used  is  of  the  Neali 

Hay  type,  Indlowed  out  (»f  white  cedar,  '21  fe«'t  loiiti',  ."JA 

feet  beam,  and  20  inches  deep,  braeed  by  thwarts  .seemed  to  the  sides 


Ex|Mriiiirc. 


«: 


^ 


<  fc.. 


IMAGE  EVALUATION 
TEST  TARGET  (MT-S) 


1.0 


1^  12^ 

1^    12.2 


-|i4    I 


I.I         1^-^    IIIIM 


1.8 


1.25      1.4      1 A 

=^^=     —    ^^= 

^ 

6"     

► 

V] 


.V 


7 


Photographic 

Sdencas 

Corporation 


23  W»:$T  MAIN  STRUT 

WiBSTIR.N.Y.  14580 

(yi6)  872-4S03 


^ 


HH 


'1  ■ ; 


IVEAH  BAY  SEALim  CANOE. 


THWAKTi 


^-^ 


IHtVAKT  CONTAINING, 
HOLL  FOR  MAST. 


S*  FCtT  LONG. 

jr£ET6IN  n/ioe. 


SPEAR. 


,•'.;.,!/ 

,1    ■" 

1 

i'f ',-..'  K  ;i' 

1 

;;V.;| 

■' 

HANDLE. 


Length  of  spear,  12  feet. 

"       "    handle,  6  inches. 

"       "     Lung  prnnii,  2  feet  6  inches. 

"      "    Spear  head,  6  inchee. 

"      "     Total,  15  feet  6  inches. 

"      "    Line,  12  fathoms. 

Diameter  of  spear,         2  inches. 


SECOND    LIKUT.    J.    II.    (ilUNAN,    U.    S.    R.    M. 


505 


by  cotliir  twiji's,  tlu'  stern  lisinji  iibniptly  10  iiiclics  ami  stt'in  ]»roje<'t(Ml 
I'oiwiird  and  risinji'  ji'iiuliially  to  U  feet  above  tlu'  j^'iuiwalc,  the  latter 
tcriiiinatiiijn'  in  i.  fijitiiciu'ad,  wliicli,  with  theloiiji'  jirow,  resembles  s«niie 
t'iiiKJi'ul  aiiiiiia',  not  nnlike  a  giratle.  In  this  head  is  cut  a  notch,  on 
wliicli  the  spear  rests  \vhe)i  leady  lor  use.  A  lille,  sjiotjiiin,  spear  and 
line,  mast  and  sail,  two  paddh'S,  a  pair  of  oars,  gall"  pole,  sliort  <'liib,  a 
])risiiiati('  shaped  wooden  bailer,  and  a  box  of  ammunition  and  br<'ad 
coiiipleted  the  oullit.  Alter  leaving' the  ship,  the  Indians,  one  sitting 
in  the  stern  with  his  paddle,  and  tlie  other  in  the  bow  with  his  oars 
])iilU'd  to  windward,  this  being  invariably  the  rnh',  as  it  is  in  this  direc- 
tion the  seal  must  hv  approached.  We  had  i)nlled  several  miles  with- 
out seeing  anything,  when  suddenly  the  steersman  gave  the  canoe  a 
sli;d<e  and  pointed  in  silen«'e  to  a  seal  To  yards  distant,  lying  on  its  buck 
in  tlie  water,  apparently  ashn']).  Its  tlippers  were  raised 
Ml  the  an'  ami  moving  listlessly  troin  side  to  snu',  as  it 
fiuining  itself.  The  bowman  took  in  his  oars  and  substituted  the  pad- 
dle, and  the  canoe  glided  noiselessly  toward  the  nnconscious  seal. 
When  within  t(>  yanls  of  it  the  after  paddle  alone  was  used,  and  the 
bdwinan  stooily  rea<ly  with  the  shotgun.  It  was  soon  seen  that  the 
seal's  head  was  underwater.  The  Indians  told  nu' afterward  that  it 
was  only  drowsing  and  looking  for  lisli.  Whctlu'r  this  be  a  fact  or  not 
1  «h»  not  know.     In  this  jyosition  a  seal  is  said  to  be  ''tinning." 

During  all  this  time  not  a  word  was  si)ok<'n,  and  so  noiselessly  did 
the  canoe  glide  that  wo  got  within  10  vards  of  it  and  .,  .,  ,  „, .,,. 
the  hniiter  liicd,  pouring  a  charge  ot  buckshot  into  its 
breast.  The  seal,  to  my  great  astonishnieiit,  was  not  killed,  but  gav(^ 
us  one  surprised  look  and  instantly  dived  out  of  sight.  It  rose  again 
")(!  yards  olf,  gave  us  another  look  and  a  second  time  disappeared. 
Then  followed  a  chase  to  windward,  tlu'  Indians  dexterously  apply- 
ing their  paddles  in  that  direction.  Three  times  it  disappeared  and 
reappeared  Itcfore  it  was  linally  shot  and  ca|ttured.  Kven  then  it  was 
necessary  to  use  the  club  to  kill  it.  One  hook  with  the  gaff,  a  sudden 
pull,  ami  the  unfortunate  seal  was  in  the  canoe. 

The  oars  ami  i»addh's  were  again  used  and  we  continued  on  our  way. 
The  next  seals  w«'  sighted  were  three  in  number,  asleep  on  their  si<les 
and  backs  on  a  bunch  of  kelp,  their  favorite  resting  place.  Their  tore 
and  hiial  tlippers  were  visil)le,  the  fornu'r  chjsed  on  their  breasts;  their 
heads  were  lying  to  let'ward,  and  moving  slowly  from  si<le  to  sid«'.  In 
this  i>osition  a  seals  sleeps  soundly.  When  its  head  c«'ases  to  move,  it 
is  an  indication  that  it  is  waking  n|),  and  this  is  the  time  to  shoot. 
The  canoe  this  tinu'  ai»])roached  from  a  point  neaily  at  right  angles  to 
tlie  wind,  so  as  to  get  a  good  shot.  The  most  vulnerable  placi'  is  in  the 
neck  just  l>ack  of  the  head.  One  of  the  three  was  instantly  killed, 
another  shot  and  kilh'd  alter  diving  ami  re  api)eariiig,  and  the  third 
escaped.  The  first  one  was  allowed  to  tloat  until  the  second  was 
secured,  <»ccnpying'  a  space  of  about  twenty  secomls. 

The  tiim^  it  re(|uires  a  seal  to  sink  depends  upon  the  character  of  the 
seal  and  the  i)lace  in  which  it  is  shot.  Some  sink  in-  „,,  ,  , 
stantly,  while  others  float  for  two  or  three  minutes,  and 
])ossihly  longer.  (ii'avi<l  «'ows,  that  is,  cows  that  are  heavy  with  young, 
sink  iiKue  slowly  than  males,  and  seals  that  are  lean  more  rapidly  than 
those  that  are  fat.  W  the  lungs  «)f  a  seal  which  has  been  killed  retain 
air  it  will  float  for  (piite  a  while. 

Tlu'  best  time  for  hunting  seal  is  a  good  day  following  a  protracti'd 
spell  of  bad  weather,    lu  a  very  lough  sea  seals  can  not  sleep,  but 
(14 


Jl 

1 

-  "|i  ,  . 

1 

■  ;r:. 

1 

i«MliV 

s 

'   .1    i! 


■r>! 


C-:J 


506 


OFFICIAL    REl'ORTS. 


Wml- 


rn=h? 


■i,     .       1 


m 


merely  lie  on  the  surface  ami  lazily  roll  over  and  over;  lienee  tlie  term 
*'  roller." 

After  .securiiijj  our  third  ^eal  we  set  the  sail,  which  consists  of  a  sj)rit 
sailbent  to  a  mast  which  can  be  «'asily  stcjux'd  ami  unste])i)e<l.  After  sail 
\\\g  a  few  miles  we  sij;hte«l  several  more  seal  aslec])  on  kelp,  and  took 
in  the  sail  and  procee<led  under  i)addle  alone.  This  is  always  done,  as 
t?'e  canoe  is  more  easily  handled  and  the  tlaitpinj;  of  the  sail  is  liable 
to  friffhten  the  seal.  We  succeeded  in  {getting  within  40  yaids,  when 
one  of  the  {jroup,  which  was  awake,  jiave  tlie  alarm.  Instantly  tlie 
Indian  tired,  woun<ling  it  in  the  head,  but  they  all  escaped. 

As  a  rule  it  is  an  easy  mattt'r,  esjjccially  for  a  canoe,  to  {jet  within 
1(>  yards  of  a  sleeper.  Sometimes  the  hunters  can  almost  toucii  tJH'in 
with  the  spear.  Out  of  sixteen  seals  which  we  sa\v,  twelve  were  asleep, 
and  four  playinji.    We  killed  and  captured  three,  all  of  which  were  cows, 

^,    .  ,      w<mnded  three,  which  es»apcd,  an<l  missed  two.    The 

I>o  8ii(iti!iin  used.         ,,  i^i-i-ii  li.  1 

^  shotfiun  was  used  ex«'lusively  in  all  cases  but  one,  when 

the  ritle  wasusedat  lonj;  range.  The  Indian  hunter.Wilton,  who  did  tlu^ 
ehootinsi,  is  consideicd  a  good  shot,  and  this  is  about 
"  '^  the  ])ercentagc,  he  tells  me,  which  he  usually  gets. 
The  Indians  are  more  expert  with  the  spear  and  seldom  miss  with  that 
weap(Ui.  They  use  it,  however,  only  on  sh'ci»er8.  They  were  very 
anxious  to  use  tin'  sjjear  instiad  of  the  gun,  but  1  wtuild  not  allow 
them,  in  accordance  with  your  instructions,  since  white  hunters  use  the 
gnu  exclusively,  and  it  was  desiicd  to  learn  what  percentage  of  those 
shot  escaped  and  are  lost  by  sinking. 

For  the  infoimation  »>f  those  who  (h>  not  know  1  will  describe  the 
sjH'ar  and  manner  of  using  it.  1  refer  you  to  the  draw- 
shears"*'"^  '^**''  ^"*^*  The  spear  is  made  of  wood  and  consists  of  four 
parts,  viz,  (a)  made  of  fir,  12  feet  long,  1  inch  in  diame- 
ter, handle  (b)  and  two  prongs  (c)  ami  (c")  nnule  of  the  branches  of 
crab  ai)ide,  one  30  inches,  and  the  otner  1.")  inches  in  length.  Over  the 
ends  of  these  prt)ng8  tit  spearhca<ls  (^/)  and  {<!')  made  <)f  elk  horn  and 
old  tiles.  To  each  spcarln'ad  is  fastened  a  stout  sinew  or  cord  (c),  pro- 
cured from  the  tail  of  the  whale  and  served  with  twine.  Tlu'sc  are 
only  a  few  feet  long,  and  form  a  bridle  to  which  isattaclu'd  a  stout  ••od- 
line  (/)  12  fathoms  long.  The  horn  of  the  spearheads,  to  which  this 
sinew  is  atta<'he<l,  is  covered  with  a  thick  coat  of  s]M'iu'e  gum  to  keep 
out  water  and  prevent  rotting.  When  the  sp«'ar  ia  used  the  lim'  is 
drawn  taut  along  the  spear,  a  kind  of  hitch  or  slijdinot  taken  over  a 
cleat  or  lug  (g)  and  the  end  of  the  line  made  fast  to  a  thwart  in  the 
head  sheets  of  the  <'anoe,  the  n'st  of  the  line  coiled  down  neatly  for 
running.  The  bowman  rests  the  spear  in  the  notch  at  the  hea<l  of  the 
canoe  until  almost  within  si)canng  <listance;  he  then  raises  jt  with  his 
left  hand,  grasping  it  at  the  han<lle  (h)  with  his  right,  the  tirst  two  iin 
pers  in  the  notches,  which  are  set  in  a  plane  perpeiulieular  to  that  of 
the  prongs.  The  longer  i)rong  is  always  ui>perm<»st,  so  that  in  case  it 
misses  its  prey  the  shorter  will  do  its  cruel  work. 

As  soon  as  a  seal  is  striuk  the  spear  detacln's  itself  from  the  line 
and  spearhca<ls  and  tloats  on  the  water.  Tlu'ii  commences  a  struggle 
and  a  scene  such  as  follows  the  catching  of  a  shark  or  other  huge 
fish.  If  the  seal  is  not  a  formidable  one  it  soon  tires  it^s<>lf  out  and  is 
dragged  to  the  caiio*'  to  be  clubbed  to  death.     If  it  be  of  a  larger 

^,    ..  growth,  an  ohl  bull,  for  instance,  and  show  light,  it  is 

necessary  to  shoot  hnn  before  he  <'an  be  captured.  On 
one  otu-asion  an  old  bull,  in  his  terrible  fury,  bit  a  small  piece  out  of 
the  side  of  the  canoe. 


**:■ 


LEVI   W.    MYEIJS,    TT.    S.   CONSUL   AT   VICTORIA,    B.    C.         507 

Tlio  IiMliiius  do  not  liko  to  resort  to  thci  }j,uii  unl<'ss  absolutely  lu'ces- 
Siirvi  as  lirinjjf  frif'litens  otlior  seal  wliicih  may  liai)i)eu  to  be  in  the 

vicinity. 

I  inclose  lonn'Ii  (lra\vinj;s  showing  eauoe,  with  mast  and  sail,  paddle, 
thwarts,  spear,  and  line. 
Very  respecttiilly, 

Johnstone  TT.  Qijinan, 
Sntond  Lieutenant,  United  States  Kevennc  Marine. 

Subscribed  and  sworn  to  on  this  .")tli  day  of  May,  liS!>2. 

A.  W.  Lavender, 
United  States  Treasury  Agent. 


REPORT  OF    LEVI   W.  MYERS,  UNITED  STATES    CONSUL    AT   VIC- 
TORIA, BRITISH  COLUMBIA. 

CANADIAN    1'ELACtK!   SEALING    INDUSTRY. 


No.  ITid.]  Consulate  of  the  Unitki)  States, 

Vietoria,  liritisli  Cohnnlfia,  April:*!),  1S92. 
lion.  William  F.  Wharton, 

Assistant  Serretari/  of  State,  WaxhitHjtmi,  I).  C: 

Sir:  In  obedien<'e  to  your  instruction  No.  '»l,  1  have  ])rei)ared  a  re- 
port showing  tiu'  extent  of  the  (Jainulian  industry  engaged  in  pelagic 
scaling  during  the  season  of  1801.     It   includes  the    , 

.'  i.,  t       t,     ■     i.  1  ,.  ■       isiiiiimiiry  of  ri'iM)rt. 

names  ot  the  vessels,  their  tonnage,  number  oi  men  in 
the  crews,  white  and  Indian,  and  the  value  of  the  vessels  as  nearly  as 
couM  be  estimated  by  experts,  two  of  whom  (crtify  to  the  fairness  of  the 
estimates,  and  whose  ceitificates  are  attached  and  made  a  part  of  the 
report.    These  experts,  I  may  say,  are  both  past  middle  life  and  have 
been  actively  engaged  in  vessel  building  for  more  than  a  quarter  of  a 
century.    Tliey  are  fair,  impartial  mechanics,  wiio  have  uo  special  in- 
ter«'st  either  in  under  or  over-valuation,  and  I  regard  their  judgment 
as  fair  and  reasonable.     Mr.  Stevens,  espec"  illy,  is  often  employed  by 
the  Government  in  examining  and  iep(uting  on  vessels  an«l  is  regarded 
an  authoritv.     One  exi>crt  consulted  i)laced  th«'  value 
of  the  Hcet  of  ISIH  at  less  than  •"?  1 7(>,()(M>,  saying  several  « Jiii'^Voet*'""''*''"" 
of  the  vessels  were  so  old  that  tln'y  were  hardly  worth 
anythingbeycMul  what  their  tacideecmld  be  sold  for,  but  I  did  not  think 
best  to  (umfuse  tlu'  report  with  two  valuations. 

In  order  to  get  theJudgnuMit  of  exi)erts,  I  consulted  Samuel  Turpel, 
tlu»  proi)rietoi'  of  Turpel's  Ways,  but  he  at  oiuic  said  he  could  imt  cer- 
tify to  any  list  of  valuations,  foi-  the  reas(m  that  he  built  ami  repaired 
scliooners,  and  that  any  valuation  within  reason,  that  could  be  nuide, 
would  be  sui'c  to  give  otVense  to  some  one,  and  that  he  did  not  want  to 
do  tliat.  He  hastily  glanced  over  the  list  I  showed  him  and  reported 
to  tile  seah'rs  that  I  was  phu'ing  prices  too  low,  saying  I  had  valued 
the  Mai/  llvUe  at  !{<  1,(K)(»,  while  the  price  I  give  in  the  report  is  i$r),5()0. 
No  otiier  of  my  estimates  ai'e  known,  nor  is  it  known  for  what  purpose 
I  sought  \alu«'sat  all,  yet  I  learn  that  today  the  sealers  are  getting 
up  a  protest  against  ujy  estimates,  although  they  do  not  know  what 
tlicy  are.  and  that  it  is  to  be  sent  to  Ottawa. 

Wlicn  Turpel  gave  his  statenu-nt  to  the  press  yesterday,  two  report- 
ers came  to  my  ollice,  and  caricatuie«l  what  was  said  in  a  short  eonver- 


Ij-  ».^ 


508  OFFICIAL    K'Kl'OKTS. 

sation,  in  the  Daily  News  of  this  inoniiiiji',  which  1  make  Exhibit  A*  ol 
this  dispatch.  The  exceeditij;-  s^'iisitivencssof  th»'  sealinji'  interest  <'iiii 
hardly  he  appreciated  by  one  who  has  not  tonchcd  it.  W*'  have  been 
cautious  and  i)rudent  in  all  (mr  niovenu'uts  an<l  shall  continue  to  be. 
1  think  the  excitenu'ut  of  the  day  will  pass  away  without  furthei'  result. 
The  report  for  IStM,  and  the  statentent  of  previous  years  are  nnule  in 
«'losures  lu'rewith. 

1  am,  sir,  your  obedient  servant, 

Levi  W.  Mykus, 

Consul. 

(Inclosures  2:  Keport  for  1891;  statement  of  previous  years.) 


i 


A^^' 


BRITISH  COLUMBIA  SEALIN(i  INDUSTRY  FOR  THE  YEAR  W91. 

To  the  Department  of  State, 

Woshi Ill/ton,  />.  ('..• 

In  order  to  show  the  extent  and  value  of  the  Paeitic  Ocean  and  Ber- 
ing sea  fur-scaliufi'  industry,  rei)resented  at  Victoria,  and  in  the  Prov 
ince  of  IJritish  Colundna,  I  have  prepared  three  tables  of  facts  and 
statistii's.  These  tables  have  been  i)repared  with  j«reat  <*are,  and 
wherever  it  was  possible  arc  bast'd  on  oflicial  information  obtained  at 
the  custom-house  in  Victoria.  They  are  as  nt'arly  accurate  as  they  cpu 
be  nuide. 

The  first  gives  the  names  of  the  Uritish  vessels  that  cleared  from  this 
,.    ,,      i)ort,  and  fiMir  others  clearing  from  the  i»ort  of  Vaui'ou- 

(oiitcnts   lit  tillilcH.     *  -ii     ii      •      i  1  mi  i     i    i  i 

ver,  with  tlu'ir  tonnage  and  ciews.  The  second  table 
gives  the  name  of  each  vessel  and  the  "Coast,"  "Sand  Point,"  "  IJering 
Sea,"  and  "total"  catch  of  seals  of  each  for  the  year  ISIU.  The  third 
table  gives  the  names  of  vessels,  their  age,  where  built,  and  their  esti- 
nuited  value. 

*NoTK. — It  hiiH  not  iM't'H  (lecmtMl  iicccssiiry  to  print  tho  i'xliil)it  above  refcnod  to, 
it  Iti'ini;  nu'iely  a  criticism  iu  tho  Victoria  Duily  AVhk,  of  April  2'J,  18'J2,  of  tlio 

CuU8Ul. 


LKVI    W.    MYKIJS,    IT.    S.    TONSI'L    AT    VICTORIA,    1$.    C.         500 

Tuhlv  of  rrnHflu,  foiiiKujc,  <iii)l  crewa. 


NiIIIiImT  l)r<T('W8. 


Niimrs  nl'  vtsscls. 


Sil HIT  Vfiiliiri' 

Masciil 

MMfi-ir  .Mile 

Lill.v 

Triiim|ili  

Sen  Lion 

lifiilriiT  (Viito.i.i). 

A  mum 

I'miliiiH' 

(.'aniii>lii« 

Ocean  r.cllt> 

Kathariii.' 

Annie  <'.  Miicire. . .. 

Moiinlain  CliieC. . . . 

W.  V.  Sa.vwanl 

Saii|iliiie 

.     nnie 

E.  1'..  Marvin 

TereNa 

Martha 

Ariel 

IMoneer 

Man   ICllen 

Man  'I'avliir 

ViviV....' 

KiiNie  Olse'i 

AVanilerer 

Kale 

Sliani  selicicpin'i'  'I'liistle 


Sclioiplier  l''i 


ill 


SI  (tain 
SrIiiKii 


Waller  I,.  Hieli 

(/'.  II.  'riiliper 

Osear  anil  llallie  . . 

(Jarliitia  (i.  Ciix 

(ieneva 

I.etitia 

Unilirina 

Sierra 

Ma.v  lielle 

WinnilVeil 

Labrailor 

Mamie  S 

Linira  

lleiiriella 

Itnrealis 

Ainiikii 

Annie  K.  I'ainI 

Mailer  A.  Karle... 

(Mill 

selidciner  Kli/.a  KilwanI 
ler  Vanioiiver  I'elle  .  . . 

('.  I>.  Kami 

lieatriee  (Vaneiinvei 


Total 


iiinna;!e. 

IiiilianM. 

IH 

WlillcM. 

ToIhI. 

4« 

4 

>»** 

.40 

IK 

f) 

2:1 

7(1 

2:1 

2:1 

117 

'.'C> 

r. 

2.'i 

!)H 

2:1 

lit 

5 

'';i 

Tm) 

1!) 

till 

•JO 

2". 

41 

L'O 

4 

24 

7(1 

'JO 

2:1 

20 

!l!t 

211 

H\ 

2:1 

23 

H-1 

•JO 

r. 

25 

lt:i 

2:1 

2;i 

**:! 

h 

*» 

14 

til 

•>•) 

r. 

27 

IL'4 

•2H 

(i 

;i4 

4(1 

•JO 

5 

25 

117 

24 

24 

(i:i 

2:. 

25 

\2 



5 

till 

•J4 

K 

:!2 

lit! 

2;t 

2;t 

«:! 

•J4 

8 

;i2 

4:1 

IK 

2;i 

IK 

'.rj 

•j:! 

:i!) 

■JO 

<i 

2(i 

:;.'• 

\-> 

4 

11) 

'iS 

'J4 

5 

•JO 

147 

27 

27 

H(l 

•J4 

0 

;i(i 

7(1 

•I'l 

•22 

•I'.l 

24 

24 

H\ 

•J() 

t( 

:i2 

7(i 

20 
'Si 

'JO 

!)■-' 

2:t 

•JH 

II 

11 

IIH 

2:1 

2:t 

*jj 

IJ 

*> 

14 

."iS 

21 

21 

i:t 

K 
10 
24 

4 

K 

U.'i 

10 

!I7 

24 

111 

I'J 

It! 

:ii 

I'J 

4 

Hi 

:t7 

IK 

5 

•j;i 

V> 

T2 

G 

2K 

X-2 

20 
22 

20 

'»•> 

m 

6 

7 

1;! 

.•|7 
7lt 

14 

2:1 

14 

•j:i 

2:1 

M 

10 

11) 

:i,  :i.">:t 

415 

722 

1.107 

In  tlie  urcci'diii}''  year,  1S1)(>,  the  iimnluu'  of  vessels  cleariii}';  from  tliis 
port  was  LM>,  cairvinj''  07H  men.  The  number  of  ves- 
sels iaearin}-- frcun  this  port  in  ISIM  was  4U,  with  4  ad-  of  vlwrin  iKtir''"'' 
ditioiial  vesst'ls  from  Vaiieouver,  earryinj>'  a  total  of 
l,l<»7  men.  The  tieet  of  1<S!U  was  increased  by  additions  irom  Nova 
Kcotia,  one  or  two  from  .lapaii,  by  (  hanj>es  from  the  Ameriean  to  the 
liritish  Ha;;',  and  by  those  built  in  British  Columbia. 


m 


i^ 


m 


-:'«t 


m' 


■•m'4 


M 


i 


,>,: 


510 


OFl'KIAL     RKI'Oim 


■':*':' 


mmi 


"fm\  I  r 


"-P  i; 


Tahle  of  voIcIkh. 


Nllllll'H  of  VCSSI'I^. 


SclllKIIII'l' 


Vciituri' . . 
Maxinl  . . . 
AIn-Ki.'  Mil 
J,iliv     .... 


'i'i'iiiiii|ili 

Sfii  I, inn 

lioiiliicr  (V'iitciiiii) 

Aurora 

I'l'mlopc 

Caniiolito 

On^an  Ufllo 

Ka'lii 


Aiiiiif  ('.  Mooii'. 
Monntaiii  Cliii-I. 
W.  I'.  Sajwanl. 

SaiijiliiiT 

!Miniiic' 

K.  li. Marvin  ... 

Tcrt'sa 

Alarlba* 

Ar 


ricl 


I'ioiu'i'V 

Mary  Kllcn.. 
Marv  Tavlor. 
Vivi' 


»a. 


KOMII-  Ol.SCll. 

Waii.lrr.T  . . 
Kalf 


Catrhol  1801. 


Cimnt. 


7 
137 


17« 

;t,-.4 
r.9 

51! 
229 


170 


40 
21 

ITS 

:>o 
;ios 
270 


Sam'. 
I'oiiit. 


,548 


flOfl 

r.H4 

llHi 

:i4o 

410 

7r.i 

508 
101 
442 


HcriiiK 
Sea. 


G50 
72 


171 

82 
870 

47 
001 

i,o:io 

1, 170 
1,  224 
1,  588 


Total. 


70 

OSS 


7114 
074 

:i7;i 

4ti2 

;i07 


801 
2, 4:15 


085 


102 
21 
51 


40 


712 
(iOO 
445 
1,201 
170 
200 


1,082 
1,481 
(u  . 
204 
7:11 
52 
.130  ! 
1, 100  i 


1.01:1 

1,  irjii 
l.iiTl 

4I» 

l,:i:iii 

2,  :i'.io 
1.0118 
1,41:. 
2,  oTli 

21 

l,7l;i 
;i,  .i::o 

711:; 

7:1s 

1 ,  2112 


l,iW2 

2.  :C)5 
OO.'i 
70:1 

1,002 
208 
5:17 

1,1:12 


BtoaiM  .siliooiicr  Tlii.stlf 

Si'hooncr  l-'avorilo 

Wall.i;  I,.  Iticli 

(J.  II. 'I'lntlHT 

0 
35 

204 
337 
."iOO 
2;i5 
400 
517 
224 

84 

2,  381 

21 

374 

«5 

1,510 

207 

:is7 

2,  T.-i:i 

5:i(i 

000 

54 

528 

f?nvtnttii   <i   i\iK 

^  o::0 

( ifiii'va 

Lflitia 

■         3 
4 

404 
4 

405 

504 

Olio 

Siirra 

880 

SSIt 

Alav  llillo 

701 

241 
9S 

210 

1,0:10 

01 

042 

7 

Id.-. 

I^altrador 

374 
304 

5!HI 

Maud  S .             .          

1,-124 

I^aiira 

01 

lli-iirirtta  t 

Jiori'alis 

47:1 
400 

1,  547 

154' 

1,  021 

48 
50 
30 
20 
:i44 

2.  0211 

Aiiioko 

4110 

1,54 

Walt.r  A .  Karlr 

Otto 

los 

848 

2. 007 
48 

.50 



:io 

0.1).  Kami • 

20 

lioatrifr  ( Vaiicouvi-r) 

344 

Totnl 

3,  5,10 

17,015 

27,  (145 

48, 210 

*  Wrci'kcil ;  no  calcli  rt'iiortfil. 

tCloari'd  as  a  HcaltT  but  look  no  HkiiiH,    Presumed  smu^jKlcr. 

Thcso  figun's  were  obtained  from  the  ciistoiu-lionse  in  Yictoriii,  iind 

are  onicial.    Tlicy  also  (•(»in])are  with  my  own.     A  lew  of  these  skins 

.  were  .sohl  early  in  the  fall  to  the  Ihnlsoii's  I»ay  Company 

and  oth«'r  local  bnyeis,  at  from  f^l^*  to  !5<I<S  ]»er  skin. 
After  the  October  sales  in  Loiulon  prices  here,  for  the  few  .sold,  ranjicil 
fi'om  !!<12  to  813  per  skin,  an<l  after  the  later  sales  in  LjHidon  tln^v 
dropped  down  in  Victoria  to  "j'S  or  $10  per  skin.  At  these  last  lijiiires 
a  very  larye  proportion  of  the  catch  of  the  year  was  sold.  The  total 
number  of  skins  taken  was  4S,LM<i.    At  an  average  of  *1(»  i>er  .skin,  net 

pri«'e,  the  total  value  of  the  catch  was  .'!<4HL>,1(;(>.  At 
oaNh'T  "*'  '""'■'"""  ^•"'•'^t'  'si^*''*  ^'»^  valucM.f  the  "c.)ast  «'atch"  was  );<;{.".,:.(  10, 

that  of  the  "Sand  Toint"  .-^170,150,  and  that  of  the 
"Bering  Sea"  *27(l,4r)0. 


^^Ihi 


LHVI    W.    MYllUS,    U.    S.    ("ONSIJL    AT    VU^TOlMA,    15.    C. 

Tahlv  of  rallies. 


511 


Scbooncr  Vintiiit^ 

Mii.iciil   

Mii^jjic  Mat- 

l.ill.V 

Triiiiiil>li 

Siii  I.icpii 

nciilri(r(Vifl«iriii) 

Aunii'ii 

I'l'llfllipc' 

("iniiinlili' 

OlTllll  llclli' 

K;itliiiiiiii' 

Aiiiiii'  ('.  Mniiii' 

Ztliiiniliiiii  Cliii'l' 

\V.  P.  Siivwiiiil 

Sll|i|illilr 

Aliiiiiir 

E.  li.  Miirviii 


Jliirllia 

Ari.'l 

I'ioiicrr 

Miiiy  V.\\f\ 

Miir'v  Tavliir 

Viva....' 

IJosii'  Olscii 

WaiHlcrcr 

Kale 

Strain  Nrlmoiii'i'  Thistle 

SiliodiiiT  I''av<prilc 

Walt.T  I,.  Kiili 

C.  H.  riiiiiM  r 

Oscar  anil  llattii' 

(;arl()ltii  (J.  Cox 

(itiifva 

l-otilia 

t'liiliiina 

Siena 

May  llelle 

■Wiiinilretl 

Laliiailor 

Maud  S 

Laura 

Henrietta 

Itiirealis 

Ainnko 

Annie  K.  Paint 

Walter  A.  Karlo 

(»lto 

Steam  mhiHinei'  Kli/,a  K<lwaril«. 
StJKMPner  Vaneonver  P.elle 

t".  1).  Hand 

lieatrice  (Vaneouver)  . 


Total  valuatiiui. 


Toii- 
niijje. 


4S 
40 
70 
(!7 
ilH 
'ill 

41 
li!l 

tio 
s:i 

HI 

."i!) 
1--M 
Hi 
117 
Thi 
1'.' 
Oil 
<i(! 

7:t 

!l- 

;i!i 
■-'."> 

"iK 
147 
110 
7i» 
!I9 
SI 
7(i 
!t'2 
•-'8 
iW 
•.',") 
58 

i:i 
•.r> 

!)7 

I'.i 
;ii 
:i7 
7."i 

IW 
H7 

i»7 

7;i 

52 
4!» 


Apiiroxiiiii'toaxi). 


Where  eonslriieteil. 


I'liiteil  Stales 

Pii'ilish  ( 'iiliiniliia 

iNiiva  Si'dtia 

Ill  I'liiliil  Stales 

Nova  S.iilia 


4  years 

14  years 

(i  years 

Very  "III 

10  years 

•-'years '   Itrilish  Coliiiiiliia 

•iyeiirs lajiali 

Ilyears Hnlisli  ('nliiniliia 

!l  years ila|ian 

(i  years Nova  Seiilia 

.  . .   ill) ilo 

Very  iilil 

H  yell  IS   '  \(iva  Sri  it  i  a 

Verv  iilil i   llritish  Coliiniliia  . 

10  viars ! ill) 


.1  years. .. 
:i  years. . . 
S  \  I  Ill's. . . 
!l  Years 


Nova  Seotia 

Ilril  ish  Ciiliiinl  ia 

Maine,  I'liileil  Statics 

Caliriiriiia.  riiileil  Stales  . .. 


Very  iilil |   Itrilisli  ( 'iiliiniliia 

1 'I  years j  Nova  Seotia 

!l  years <li> 

•Jli  years j  (.'aliroriiia,  United  Slates  ... 

\'eiy  old ! do 

t! years \ova  Seotia 

K  veais In  I ' II i ted  States 

...'.do 

11  vears iiritish  Coliii'iliia 

li  vears I do 

H  vears do 

..".do Maine 

5  years Nova  Seotia 

t>  years In  I  nited  Slates 

1  year Iiritish  Coluinliia 

li  yi'ars i    Nova  Seotia 

Vi'iy  old I   Pn;;et  Siiiind,  United  States 

4  years  . 
\'eiv  oh! 
I   vear  . . 

Old 

■J  vears 


Nova  Seotia 

Piijiet  Sound,  United  Slates. 

Iiritish  ( 'olunihia 

do , 

do 

:i  \  ears '  Nova  Sent  ia 

4  yearn I  Calil'nrnia.  I'nited  States 

(1  vears l'ii"el  SoMiid.  I'liiteil  Stat  8. 


1  vear  ... 
...'.do  .... 

4  vears  . . 

Old 

Ill  years  . 

'1  vears  . . 

1  vear  . . 
...'.do  .... 

'J  vears  . . 


Hrilish  Coluinliia. 

•lapan  (|iiiorly  liiiilt) 

Nova  Seotia 

Caliloriiia.  I'liited  Slates  . . 

Nova  Seotia    

Iiritish  ('oliiiiillia 

do 


.<[o  . 
.do 


.\lilirox- 
iiiiate 
valiiu. 


.ICi,  50(1 
1!,  noil 
li.  iiiii: 
*J,  .1- 

5,  501 

4.  501 

;i,  501 

11.  5IH 

5,  51 M 
li.  001 

5,  one 

li.  501: 
K.  IHH 
l.OOC 

:i.  001 

K,  OIK 

:i.  5()( 
It,  5(h: 
;i,  5011 

!KM! 
li,  .501  i 
4,000 
;i.  .501 

li,  .501 
7,  000 

:i,  001 
li,  oo( 

li,  .50(1 

14,00( 

4,(10(] 

4.  00(1 
9,  001 
(>.  001 
7.  50(1 
li.  00(1 
1,001 
7,  00( 
1,00( 

5.  500 
80( 

12,  .50( 
8,00(1 
I.. 500 

2,  ,5n( 
li,  .5(l( 
4,  50(1 
G,  001 
4.  0(l( 

4,  ,50, 
li.  Oil 
7,  0(M, 

5,  oik: 

4,  51  k: 

i;o;i.  lioo 


.  Jiiittr  : 


lit'"  : 


i^ 


\^:. 


512 


ori'iciAL  Kr.rouTs. 


.n.,  r  1 


•  .*v 


^?i  ':^  ■ 


*!>•'• 


■\-::ii 


vessels. 

Ill  witness  wInMcof,  I  liiiv«'  hereunto  set  inylnind  ;in<I  nllixed  thesciil 
of  tlie  eonsniate  at  Vietoiia,  l>.  <'.,  tliis  day  and  year  next  al»ov»'  writ 
ten.  and  of  the  iinleiiendenee  of  tlie  United   States  tiie  one   hundred 
and  sixteenth. 

IL.  s.l  Lkvi   W.   MVEIJS, 


Levi  \V.  Mveus, 
CoiiNid  of  tlie  I'tiitcil  States. 


[\\.  A.  Sl(|ili(iis.  sliip  iiixl   str:iin1>o,it  Imildcr.  Siirntt's  Sliipyjiril.  <i)>|Misit)!  Alliioii 
Iron  Works,     lii'siiieiiic,  ;>l  .luliii  .stitcl.J 

VlC'KtKiA,  IJ.  C,  April  22,  1S'J2. 
L.W.  MvKifS,  Es<i., 

ViiUt<(  Stnfrx  Consid: 

Dear  Siu:  Your  favor  duly  received,  and  1  wonhl  stat«'  that  in  my 
still.  iiMiii  i,y  w. I.  .i"dji'nient  the  annexed    valuation  of  sehooners  nanu-d 
si.)iii.iis, siiipiiiiiiiirr.  is  tair  and  apijntxiniately  correct. 
Yours,  respectfully, 

AV.  .1.  Stephens. 


United  States  ('(insulate, 

Victoria,  li.  (J.,  .1 />/•//  ?;,  ts!>2. 

I,  Levi  W.  Myers,  consid  of  the  Uniti'd  States  at  Vict«uia,  U.  C, 

,    do  heiehv  certifv  that  the  sijiiiatiire  of  C.  A.  McDon- 

aid  at  the  toot  ot  the  writiuj;'  hereunto  attached,  is  his 

true  and  {i'enuine  siynatuii'.  and  that  the  said  ('.   A.  McDonald  is 

]»ers(iially  known  to  me;  and  I  <lo  further  certify  that  he  is  ji  ship  and 

schooner  builder  of  many  years' experience,  and  tally  c<unpetent  to  judge 

as  to  the  value  of  vessels. 

Ill  witiH'ss  whereof  I  have  hereunto  set  my  hand  and  atlixed  the  seal 
of  the  (    -.isulate,  at  Victoria,  I>.  C,  this  day  and  year  next  above  writ- 
ten, and  of  the  independence  of  the  United  States  the  one  huu<lredaiid 
sixteenth. 
[L.  S.J  Levi  VV.  !Mveks. 

Consul  of  the  i'ldtid  States. 


"I-  V 


"■*-■ 

if' 

S'. 

VirTORiA,  V,.  v.,  April  35,  1803. 

This  is  to  certify  that  T  am  a  master  shipbuilder  and  do  c(uisider 

st;itrm.iit  i.v  c.  A.   ^'"'^  ^  '""  '*  coiiiiieteiit  persiMi  to  Judj'-e  of  the  value  of 

M  .Don  111. i;   wiiip    vessel  or  ships,  and  I  do  think  that  the  value  ]dace<l 

'""'''"■  upon  the  schooners  of  the  list  shown  nie  is  a  fail',  im- 

l)artial  value  of  them. 

C.  A.  McDonald. 


m 


I.KVI    W.    MYKKS,    IT,    S.    CONSri.  AT    VICTOUIA,    H.    C. 


513 


In  tliis  tiil)I«'  tlu»  iiiuiu'  <>r  tin'  vo^mA  is  };iv<Mi,  its  iii»- 
|ii(»\iiMiit«'  Hfjt',  wluirt'  Imiit,  and  (^stilllatv(l  value 


('iiiilciitH  til'  taltli' 


('llllHtl'lK'tllllllirvcS- 


scU, 


Vlllllt'.H  of  \ f.s.st^ls. 


i'lie  place  of  coiistriu'tioii  iiMlicatrs  tlic  kiixl  ut'  inatcrial  used,  and 
tills  assists  in  llxin<>-  the  vahn'.  riapaii  vessels  are 
built  of  teak,  a  sii|M'rior  kind  of  tind>er;  lliitish  Co- 
lumbia vessels  of  Donj-las  lii-;  New  Knj^land,  of  oak, 
and  Xova  S«'otia,  of  sprnee.  The  latter  is  soft  wood,  and  inferior, 
vessels  made  of  it  ;ioin}»'  into  the  eight-year  elass.  I  think  Doujilas 
111-  vessels  are  also  put  into  the  eight  year  class.  A  Vessel  is  supposed 
to  drop  out  of  its  elass  when  the  end  of  its  elassitlcatiou  has  b«'en 
reaclu'd.  In  other  words,  it  has  deteriorate*!  50  per  cent.  Thes«^  rules 
^ive  the  measure  or  jM'r  «'ent  of  yearly  deterioration.  Ilence  the  ago 
of  a  vessel  beeonu's  important  in  d<'ierniiinng  its  value.  In  the  aeeom- 
panying  table  the  age  given  is  liitlu'r  under  than  over  the  actual  age. 
Wherever  tlu'ie  was  a  doubt  the  vessel  has  received  the  benefit  of  it. 

SthooiuT  i)uildcis  estimate  tiiat  a  Nova  Scotia  schooner,  fr«'sli  from 
the  ways  and  ecpiipped  for  sea,  is  worth  >{'"»(►  in'r  ton 
register.  A  IJritish  Cohnnbia  sclioonei  is  worth  nu>re, 
as  labor  and  material  are  dearer.  The  estimate  is  that  a  schooner  put 
up  here  and  ready  tor  sea  is  w<u"th  from  $7."i  to  8100  per  ton  register. 
A  vessel  coming  around  Cape  Horn  from  Nova  Scotia  is  supposed  Ut 
hive  added  at  h'ast  !'->  p»'r  cent  to  its  valiu'.  It  is  in  view  of  these 
luh's  that  the  valiuitions  in  the  table  are  madi',  and  1  believe  them  to 
be  liberal  for  vessel  owners.  The  owners  themselves  would  |)robably 
|iut  a  higher  \n'uv  on  their  own  s<dio()ners,  but  they  W(uild  «lecreas<'  the 
price  of  schooners  owned  by  their  neighbors.  F(»r  instaiuie,  one  of  the 
liighest  ()t1i<'ers  of  the  Sealers'  Association  tixe<l  the  value  of  the  Mat/- 
flic  M<(r  at  $10,000.  I  afterwards  learned  from  herprinci[»al  owner  aiul 
iigent  that  he  ViUued  the  vessel  and  <Mittit  at  ••t<.S,00t>,  and  when  this 
valuation  was  presented  to  another  prominent  owner  of  schooneis  he 
shruggctl  his  shouhh'rs  and  said  it  was  not  worth  half  that.  This  last 
owiH'r  valued  one  of  his  thn'e  schooners  at  .*<S,00(>,  whih'  a  master 
builder  thinks  it  high  pric«'d  at  -^Oj^OO.  S  >  it  goes.  Valuations  are 
usually  inflated  ami  largely  above  what  ci>uld  be  realized  by  actual 
sale.  Some  of  these  st-hooners  are  very  old,  ami  hav«' l>eeu  repaired 
and  rebuilt  several  tinu's.     "They  are  held  together  l»y  their  paint  and 


putty,"  said  an  experieiu-ed  builder.  A  tew  ai'c  new  and  substantial 
vessels,  while  the  majority  are  in  ndddlelife,  or  have  i>assed  the  period 
of  their  classitication. 

The  valuations  placed  by  ISIessis.  Stephens  and  McDonald,  whose  4'er- 
titicates  are  attaclu'd,  are  lil>eral  tor  the  owners  aiuI  are  evidently  above 
ratlu'r  than  below  the  real  valiu'.  They  are  competent  and  pra<'ti<'al 
nu'U  (»f  Iarg«^  experien*'**  and  have  no  interests  in  or  pn'.judices  against 
the  sealing  inti'rest.  Mr.  Stephens,  especially,  is  regarded  an  authority 
on  such  matters. 


If 


4j 

lll>> 

'W 

liir 

m^ 

i  4w 

iH ' 

";  y  ' 

r: 

■»t 

-<f'  n 


m 


VKSSEL  OWNERS. 

I  have  obtaiiu>d  from  the  custom-house  a  list  of  juMsons  who  «)wned 
shares  in  these  vessels  in   l)eceiid)er,  1801,  and  this  is      Ni,m<>s  and  <n<iii.i» 
veritied  bv  the  certitLeate  of  John  C.    Newbui'v,  the  ti.ms  ,,'r  ..wn.is   of 
chief  ch'riv,  or  <le|mty  collect<u-,  of  the  port.     The  list  «'"»"« ^ '■''"■''* 
and  certificate  are  hereto  atta«'hed,  and  are  made  a  part  of  this  report. 

The  rapidly  increasing  interest  in  the  sealing  business  since  1888  has 
spread  anumg  all  classes  of  people  and  we  tind  shareholders  in  almost 

05 


r)U 


OKFiriAL    KIJMUnS. 


all  ciillinys  in  lift".     Riiimiii}>'  ovtT  tlu'  list,  iis  t'lirnislxMl  I)y  tlio  «'ust()m 
house,  \\v  linU  the  eiiinloymt'iits  of  shareholders  as  follows: 


}i0^ 


;■'.  t 


•■■t'pj 


•loliii  Diiilil.  scalar,  niMriiior. 

Will.  1{.  Krown,  H;ro(i  r. 

.laiiics  K.  Marl  ill,  casliicr,  real  I'stato. 

Cliailfs  I'ai'siiiiM,  jjriM'tT. 

Kolx  It  .1.  Ki-r,  tivasiiivi'  U.  V.  Hitliut  «& 

Co. 
\{.  v.   Killict   iV   Co.,  whoh'Miilu  giiicers, 

.stfanisliip  ay;riits. 
Ilt'iiry  A.  Mimii.  driiji^iist. 
.Iiiliii  I*.  KH'oi'il,  ciiiitrat'tor. 
Will.  ,1.  Siiiitli,  roiitiaitor. 
.Iiiliii  (i.  ('i)\,  .sliip  rliaiKlliT. 
.lames  Sliiclils,  rariiicr. 
Will.  .'^Iiii'lds.  lalioitr. 
.las.  \i.  .MiKeiizitMinriaj^i'maimfactiiror. 
Aii.<;iistiis  (irraw.  iiiacliiiiist, 
(tidt'oii  ('.  (icraw.  ^i'ciitlfiiiaii. 
I'laiik  W.  .\ilaiiis.  (jt-rk  at  Mar  \  in  &  Ct>. 
Will.  II.  I'aiiii'.  soaler. 
('has.  L.  ('aiiuM'oii,  };rocor. 
(Ji'o.  K.  .Miiiirii,  j^ntccr. 
Will.  Potiifiitk,  j>lasi«>rer. 
Klizahctli  Laiijfley. 
I'ri'dt'i ick  (iillu'it,  mariner. 
Will.  I't'dillf.  asi>lialt«'r. 
(.'liarh's  I'clcrsoii,  brt-wer. 
FrtMlcrirk  Canu'.  hji-oi'it. 
Will.  Mmisic,  •irnccr. 
.laiiit's  N.iwarsiiiii,  liiiliaii  soalcr. 
.Viiilri'W  (iray,  inm  fomiili-r. 
Daniel  I'ltok,  sliip  earpeiiter. 
, lames  Ueiii]i.slei',  cariieiiler. 
.\le\.  K.  Miiiiro.  iiDii  I'oiiiider. 
Michael  Keet'e.  seah'i'.  eaptaiii. 
S.  MeAiily  Smith,  shijiwiinlit. 
Orlandii  Warner,  ship  carpenter. 
(Jeorfje  Ih'imiley. 
Win.  (i.  (iinidie. 
Win.  I>.  Hyers,  master  mariner. 
Ddiialdti.  Walker,  .ship  carpenter. 
R.  Hall,  iii.snrunce  a<;eut. 
Win.  ( ri.eary. 
'I'htmias  Harold. 
Thoiiia-s  Heiiflry,  match  nianufactiircr. 


.Mfred  Hissett,  Healer  and  captain. 

Victor  .laeoliNiMi,  sealer  and  captain. 

Michael  .Maiisim,  trader. 

(Jeo,  ('(dliiis,  saloon-keeper. 

Win.  ('o\,  mariner. 

('.  .\.  ('ox,  sealer  and  captain. 

W.  (J.  Stephenson,  saloon-keeper. 

Mary  .lacksoii. 

Ciias.  .Sprin;;,  slii])ii\viier  and  capiti  li.sl. 

.lames  .Mcl.eod,  sealer. 

I'eler  MiireliiHon,  sealer. 

Adolphns  Wasliiiry;,  sealer. 

'I'lios.  .\aruia,  sealer. 

CI.  Kelly,  retired  sea  captain. 

.1.  St.Clair  lilackett.  notary  pnhlie,  real 

estate. 
Alex.  \.  (irci'ii,  hanker, 
('has.  Lain;;,  shiplinihler  and  owner. 
Chas.  Williams,  tii^  captain. 
Ah(d  l)on<rlas,  mariner. 
Thos.  Karle,  meniher  Parliament,  general 

ajjeiit. 
J.  ('.  I'rovost,  rej-istrar  Hiiiireme  court  of 

British  ('olnmhia. 
Wcntworlh  K.  Maker,  sealer;  captain. 
Arthur  K.  .Morfjan. 
Henry  I'axton,  sealer  and  captain. 
.Joseph  (^iiadriis,  sailor. 
Donald  '.Iri|iia<'t.  mariner. 
Morris  Mo.s.s,  t"iir  dealer. 
Mall  \'  (tospel,  jjeiieral  agents. 
Will.  O'Leary. 
Koht.  K.  .McKeil,  Biarincr. 
Thos.  II.  i?rowii. 

Heaiimont  Hoggs,  real  estate  agent. 
P.  A.  Hahhington,  carpenter. 
JohnCreeden. 
A.(i.  Mabbington,  tanner. 
Henry  W.  Mome. 
Mrs.    Dora    Sieward,    wife    of    Captain 

Sieward,  sealer  and  saloon-keeper. 
Geo.  Myriies.  auctioneer. 
John  Kinsman,  <lerk,  Hall  &  Gospel. 
Pacitie  Sealing  Company,  limited. 


That  (citizens  of  the  United  States  arc.  tiiiaiieially  interested  in  some 
of  these  vessels  is  quite  certain,  but  to  what  extent  it  is  diflienlt  to  as- 
eertaiii.  They  are  secured  by  mortyafies,  but  these  uiortj^ajics  are  not 
always  recorded  and  there  is  no  reliable  method  of  aseertainins;  how 
many  there  are  of  them  or  how  hirge  a  priniortion  of  the  capital  in- 
vested they  represent. 

The  vessels  whose  owners  we  do  not  give  are  registered  in  XovaSco 
tia  or  elsewhere,  outsith^  this  port. 

Levi  VV.  Myers, 

Consul. 
United  States  Consi^late, 

Victoria^  British  Columbia,  Aijril  28,  1892. 


l-iJi'  » 


■>  f' 


LEVI    W.    MYKHS,    V.  S.    ( ONsri.    AT    VICTORIA,    H.    C.         515 

UNITKD   STATKS  CoNSt'LATK, 

Ji.  ('.,   Victoria,  April  -js,  1S9:J. 

I,  Levi  W.  Myrrs,  consul  of  the  InitcU  States  at  Victoria,  B.  (J., 

,1<.  l.cicby  ccitiiy  tlisit  the  siKiiatuiv  of  .1.  ('.  Ncu  imiy,  ,,.,,i,„,„. ..,,.., 

iit  the  foot  ot  the  writing  hei-4>uiito  attaclied,  is  Ins  true 
:iii(i  ;>'eiiuiiie  signature  made  and  acknowh>d}>'ed  in  my  ]>resenco,  and 
Hint  tlie  said  .1.  <'.  Newbiiiy  is  personally  known  to  me;  and   I  do 
liirther  Ci'itify  that  he  is  4'hi«'f  clerk  to  the  collectoi'  of  this  port  and 
icjiister  of  shippmj;-. 

in  witness  whereof,  I  have  hereunto  set  my  hand  andattixed  the  seal 
of  tiie  consulati',  at  V'i«toria,  H.  ('.,  this  day  an<l  year  next  ahove  writ 
ten,  and  of  the  independence  of  the  United  States  the  one  iiundred 
and  sixteenth. 

I L.  S.J 

Levi  W.  ^NIvers, 
CoHHid  of  the  United  States. 


Customs,  Canada, 

Victoria,  B.  C,  Aimt  i%  1893. 

T  hereby  certify  that  the  annexed  are  true  c»  |>i"S  of  the  records  re 

ownersliip  of  vessels  registered  at  this  port,  as  they     ,vriiti.at,.  ..r  .i.rk 

stood  in   December,  181U,  and  very  few  char 'ves  have  of  .ustnnm  ..i  \  i.k. 

taken  place  since.  ■"'"•  "'•i'i'*i't-v.i..niiM't. 

[L.  «.]  J.  C  Xewbitry, 

C.  Clerk  for  Collector  and  lieg.  of  Shipping. 

Owners  of  Staling   Vessels. 


Vessel. 

OwntTs. 

Slinres. 

12 
12 
:{ 
a 
0 
17 
5 
2 
2 

AfjcnLs. 

Maggie  Mac 

.rolin  I)(m1i1 

H.  I'.  Kitli«t  &  (,'0.,  Ltd. 
K.  H.  Marvin  &  Co. 

Win.  K.  Brown 

Uolit..!.  K<r 

K.  1'.  Uitlict  \  Co 

llcMi'v  A.  M  unn 

.lolin'P.  Klloid 

Will.  J.  Smith 

.Toliii  ().  (;<)x 

•lanii'M  Sliiflilfl 

William  Slii«l»l» 

.lames  K,  .Melven^i*' 

Aii;inHtn.s  (ttTow 

E  U  Marvin 

04 

5 
5 
0 
i:i 
5 
3 

r> 

10 
10 

tiidi'on  ('.  (iiTiiw 

Frank  W.  .Vtl.ims 

Kdward   15.  Marvin 

William   11.  I'liinc 

Waltor  I,.Riili 

04 

4:1 
21 

Alfred  lilsRctt 

Victor  dacolisfn 

Annie  F.  Taint 

Miirv  lOllfn 

04 

04 
04 
04 
(i4 
04 

SIciUuiT'riiirttli* 

Michael  MaiiMttn 

Minuiu 

!l*tf:»' 


616 


i  •■ 


m: 


ti   kf: 


OFFICIAL    RKPOUTS. 
Owners  o/xealhifj  renHvln — Continued. 


V»'N»el. 

Owiiprs. 

Shai'os. 

11 
11 

11 

11 

10 

5 

r> 

Agrnts. 

Triiiinpli 

•Foliii  (i.  Cox 

K.l».  Marvin 

K.W.  A. lams   

C.  N.Cox... 

"W,  (i.  Sti'Vritsim 

•Tani(*8  MrLood 

Wiiiifii'il 

(14 

21 

22 

Atlolplnm  Waslmrs 

TbiiinaH  llarulil 

Aurora 

04 

:»2 

.12 

0.  H.  TiipiM  r 

04 
"         04 

no 

Heiirii'tta 

.lolin   St.  <  'lair  lilailittt 

Alex.  .V.  (ii'i'*"!! 

04 

W.  P.  Say  ward 

:.2 
:t2 

Cliarlcs  Williams 

Kiiura  

(U 

04" 

9 
0 

7 

7 

14 

May  Bille 

\  l»fl  1  toiiKlas.H 

Will,  ri'tlifiick 

Kll/.alirtI'  l.aii"li'V 

Knilk  tiilliiit  ..! 

William  IViltlli- 

Krfil'k  Cariic.ir 

04 

40 
•J4 

flaiiio.'*  Nawassiim 

Miiiiiitain  Chief 

04 

64 

"    ~  liT 
10 

11 

10 

5 

Oaiiirl  ( '<Hil< 

.lamrs  I)<'m|>Mt<  r 

Carlotta  G.  Cox 

04 

8 
fl 
7 
7 
5 
K 
b 
10 
5 

S.  Mi'Ciillv  Smith 

Orlaiithi  Wariit'i' 

K(l Wiinl  1!.  Marvin 

Kraiik  II.  .\damH 

( irornc  Iti'oiiih'v 

W  illiaiii  <  i.  <  iomlic 

William  l>.  lUirM 

Woiialil  <;.  Walkir 

William  Cox 

KUhiniall 

(ii'iii'va 

04 

54" 
10 

Will.  ( ).  I.cary 

Uornalis 

04 

22 
21 
21 

'rhoimiM  lli'iiilrv 

.  " 

Ailul|iliiiH  WuhIiiii'K 

04 

LEVI   W.   MY^RS,    U.    S.    CONSUL   AT    VICTORIA,    B.    C.         517 

Owners  of  Scaling  J'lnaeh — Continued. 


VtftlHul. 


WiiltiT  A.Knrlo.. 
Siipiiliirc 


Ariol 
Viva. 


I'ioiieer . 


WiiiKlerer 


OwiierH. 


Shares. 


TlioiiiiiH  Kiirh' 


04 


•  lollll  <l.  ('l)N.  .. 

Ki'iiiik  AiliiiiiH  . 
K.  It.  Mavviii  .. 
William  I'tix  .. 


John  Chas.  IVcvosI 


Williani  Miiiixin 

KrciU'iirk  Cai'ii»),,ir. 


lU 
10 

to 

10 

04 

04 

40 
24 


William  MiiiiNi*^ 

Kicilcrifk  (.'iiriic,  jr... 
Weill  Willi  li  K.  Bilker. 
Ai'lhiir  K.  Moi-fjau 


04 

'M 

24 

8 
8 


lli'iirv  I'axtoii. . . 
.li>Hi']>li  (jiiailraH . 


04 

;t2 

•J2 


Vi'iiiuio '  Piinalil   rri|iiliart 

I   Mm  ri.s  Moss 


04 

;i2 
a2 


Kiivoiirilo  Cliarle.s  Spiin;; 


Usiar  A    Hal  tie  . 
Ocean  Belle 


Rntliarine 


I'aeilic     Sealiiifr    Co.,    Iiiiiileil;  head 
olHeeN,  Vii^tiiriit,  Iti'itisli  ('oliniihia. 


Hall  iV  <ioepel,  joint  owners. 

William  1).  I.ear.v 

John  Kinsman 


I'aeille    Sealing'    ("o.,    liinited  ;    heail 
olliees,   \'ietoi'ia,ltl'ilisli(  'oliiinliiu. 


MauilS HcheilK.  MeKeil  . 

'I'lionias  II.  lirown 
William  .1.  Siiiilh  .. 
William   It.  lirown 
John   V.  Klloiil  .... 
Heaiimonl  l!oi:u;s  . . 
Henry  .\.  Miinii  . .. 


04 

oT 


04 

20 
10 
;t4 


04 
04 


8 

7 

lU 

It) 

10 
5 
5 


Teresa I'aniniire  .\.  ltahinj>ton 

•lolin  ( 'reeileii 


Miiseot 

IVnehi)ie 


Arehihahl  li.  ItahinKtoii 
Ileiiiv  W.  Moore 


04 

22 

20 

18 

4 


Dora  Siewerd,  wile  of  II.  K.  Siewerd. 

Morris  Moss 

Donald  l'ri|iiliarl 


04 


;i2 
;t2 


i.iiy 

Sierra , _  _ „ 

Kate Charles  SJii'in}; 

i 


Oeortfo  Hy  rnes 

( 'haiies  Spriiis; 


04 
04 

04 


Agents. 


,,,f'  .1 


r* 


If  -1 1 1 


Il 


■  ■"     i  1 


miv...  .,u 


illwlli 


M' 


mw 


518 


OFFICIAL    RKPORTS. 


Slulcnunt  of  the  ejrient  of  CanatHnii  fwhujiv  nealimj,  invUuUnfi  the  total  ninnher  of  rensrls, 
litniiaije,  crewn,  aiid  total  catch  of  nculnkiti»,for  the  yearn  1S81  to  1S90,  iiiclimvc. 


Year. 


1HK4. 
IHrio. 
IHSO. 
ISST. 
I8SK. 
ISS!). 
Iti'JO. 


Xiini- 
lit'i-  lit' 

'l\jn. 

Vl'MSt'Irt. 

iiiiKO. 

i            0 

418 

12 

710 

1            9 

r.(K» 

11 

«47 

\-> 

78:i 

1« 

920 

21 

1.280 

^          ^ 

1.  (Ktl 
1,448 

29 

2, 042 

Total      Tcitiil 
crews,     oatcli. 


289 
4i:i 
■2H-, 
I.IG 
18U 

:nu 

411 

2i»ri 
51:1 

«78 


*14,llnii 

17.  (Mill 

it,  111.-. 

'Ki.  .",111) 
27.47(1 
24.114 
27.  .-.4:1 
22, 4 1.-. 
27,  IMid 
:i9,  547 


*  KHtiniattMl.    The  aotual  catcli  wa.s  iirobably  over  thi'MO  tisuves.  cHiiecially  in  1884. 

The  fljjures  in  the  above  stateiiient  have  beeu  earotully  e<)ini)ile(l 
from  ottieial  and  other  authentie  sources  and  are  approximately  correct. 
The  Indian  pcution  of  the  crews  of  1884,  1885,  188(i,  an<l  1888  were  not, 
apparently,  counted  as  they  iiad  been  in  former  years,  aud  as  tliey 
were  in  the  succeeding  years.  This  will  account  for  the  light  crews  of 
these  years. 

Levi  W.  Myers, 

Consul. 
United  States  Consulate, 

Victoria,  British  Columbia,  April  2S,  1892. 


4    .' 


■•^^}:i 


^  w 


TREASURY  LIST  OF  RAIDS. 


CEP.TIFIOATE   OF   AUTHENTICATION. 


United  States  of  America, 

Treasury  Ihpartment,  July  ,27,  1893. 
Pursuant  to  sertion  8S2  of  the  Hevis(Ml  Statutes,  I  hereby  certify 
tliat  the  auiu^xed  nieuiorauda  I'oneeriiiMjf  raids  on  the  seal  ishmds  of 
Alaska  ('oiiii»ile«l  from  the  records  of  this  Department  are  correct. 

Ill  witness  whereof  I  have  hereunto  set  my  hand  and  caused  the  seal 
of  the  Treasury  Departiueut  to  be  attixed,  on  the  day  and  year  rtrst 
above  written. 
[L.  s.]  Charles  Foster, 

Secretary  of  the  Treasury. 


At  the  request  of  the  Secretary  of  State  .an  examination  of  the 
archives  of  the  Treasury  Department  l.as  been  made  in  (U'der  to  deter- 
mine the  number  and  extent  of  illegal  killing  of  fur  seals  on  the  I'ribi 
lof  Islands,  in  Bering  Sea,  by  unauthorized  persons.  Such  examination 
shows  the  following  raids  have  been  reported  by  the  ofHcials  of  this 
Department,  in  charge  of  saitl  islands,  since  ISTO: 

1.  Ou  the  first  and  second  days  of  Septoml)er,  1874,  the  schooner 
('minct  landed  some  men  on  a  rookery  ou  St.  (ieorge  Island  or  Otter 
Island  and  killed  M  seals. 

2.  In  IS7«>  the  schooner  San  f)ie{fo  raided  the  "hauling  ground"  on 
Otter  Island  and  was  seized  by  the  oflftcials  at  San  Francisi'O,  Cal.,  with 
about  1,(!(K)  skins. 

3.  During  0(!t()ber,  ISSl,  the  schooner  Otter  raided  St.  George  Island 
rookeries  and  obtained  14.")  skins. 

1.  The  schooner  Adelr,  iu  the  autumn  of  1S84,  was  captured  by  liieu- 
teiiant  Leutza,  of  the  Kevenue  Marine,  killing  seals  on  one  of  the  rook- 
eries. 

T).  Ill  .luiie,  1<SS,'>,  the  crew  of  an  unknown  vessel  landed  onVlie  rook- 
eries iind  killed  over  .">()()  seals  before  being  detected  and  driven  oft". 

(I.  July  20,  lS,sr»,  evid»'nce.s  of  a  raid  were  found  under  the  elitts  ou 
St.  (Ieorge  Island,  but  the  vessel  and  number  of  skins  obtained  are  un- 
known.    It  was  estimated  the  number  of  seals  killed  were  <>00  or  7(MI. 

7.  The  schooner  Sun  l^ieyo,  which  was  seized  in  Jidy,  188(»,  by  Cap- 
tain Abbey,  ha<l  some  skins  of  young  pups  on  board,  which  had  been 
clubbed,  showing  that  the  vessel  had  raided  one  of  the  rookeries. 

8.  August  H,  1880,  a  small  number  of  seals  were  clubbed  on  a  rookery 
on  St.  (ieorge  Island  by  unkuown  parties. 

1>.  Iu  .Inly,  1887,  the  schocmer  Anyel  ItoUy  raide<l  a  rookery  on  St. 
(ieorge  Island  and  was  subsecinently  seized  by  the  Treasury  Agent  in 
charge  of  said  island  with  170  skins  on  board. 

519 


■'iX*; 


;]l«.l'' 


nW 


^(V!■'      ''I 


m 


■■  "% 


hs.iit'vr.'.i*-  ,■"■! 


m 


»:  I  f I 


>-.iA'i 


^^.^ 


520       CLAIM   OF   NORTH    AMKRK'AN   COMMEKCIAL    COMPANY. 

10.  A  few  (load  pups  were  foiiinl  on  ii  i();)k('ry,  showtMl  si  mid  took 
place  on  St.  (leoif>e  Island  in  Aujiust,  KSIM).  It  is  supposed  the  vessel 
was  the  Xcllic  Martin. 

11.  Septend»er  l."»,   1890,  six  boat  crews  landed  on  Zapadnie  rook 
ery,  St.  (Jcorfto  Island,  and  killed  about  180  seals,  but  were  driveiioH'. 
leaviufi'  the  desul  seals  on  shore. 

12.  Duiinji  November,  ISSS,  the  crew  of  an  unknown  vessel  landed 
on  /ai»iidnie  rookery,  St.  (Jeorne  Ishuul,  but  did  little  daniajie  as  «mly 
12  or  ir»s('al  carcasses  were  found  on  shore. 

l.>.  In  the  niontii  of  SepttMuber,  lSSi>,  the  »'vid«'nces  of  a  raid  weie 
discoNcrcd  on  St.  Georjue  Island,  and  the  Treasury  ayeid  in  charj;e 
haviiiii  set  a  watt'li,  drove  otf  the  marauders,  who  endeavored  to  laud 
at  niyht. 

14.  In  the  latter  part  of  November,  l.SOO,  tlu'  schooner  Allele  madt'  a 
raid  on  the  rookeri»'s,  taking  about  400  seals,  and  subsequently  was 
scizi'd  by  the  (ollector  of  the  Port  of  Victoria  for  failure  to  make  lej;al 
entrance  on  return. 

jr».  Noveml)er  17,  ISOI,  the  schomer  ChnUvngc  raided  a  rookery  on 
St.  (Jeor<;e  Island,  ami  obtained  about  ir»0  seals. 

U5.  N«>vend)er  27,  1  SOI,  tin*  schooner  ItorcaJis  landed  a  crew  on  one 
of  the  St.  Paul  rookeries;  the  nund)er  of  seals  killed  was  about  4(K). 

CLAIM  OF  THE  NORTH  AMERICAN  COMMERCIAL  COMPANY. 

CKRTIFICATK   Ol'    AUTIIKNTirATlON. 

Unitkd  States  of  Amftmca, 

Treasvrn  Jhiuirtmnit,  Jtth/  ;J:],  isn3. 
Pursuant  to  siu'tion   SS2  of  the  Revised  Statutes,  I   hereby  c«'rtifv 
that  the  annexed  paper  is  a  true  cop\  of  a  letter  on  tile  in  this  Dcpail- 
ment. 

In  witness  whereof,  F  have  liereunto  seJ  my  hand  and<'aiised  the  seal 
of  tin'  Treasury  Department  to  be  atlixed,  on  the  day  and  year  first 
above  written. 


[L.  S.J 


CiTAKLES  Foster, 
tfecntary  of  Treasury. 


Washington,  Aiml  13^  1S!)3. 
lion.  Chaules  Foster, 

S'Tirtary  of  the  Trnisiiri/: 

Sir:  I  am  instrui  ted  by  the  Ntuth  Aujerican  Commercial  (Company, 
the  lessee  of  the  ri^ht  to  take  fur  seals  for  their  skins  in  Alaska,  to  pre 
sent  for  payment  l)y  the  I'nited  States  its  account  for  $ l,r>.'J2,!>47.44, 
due  to  said  Company  from  the  United  States  by  reason  of  said  Com- 
pany's havinj;'  been  prohibited  by  the  United  States,  during  the  years 
IStJO  and  1801,  from  taking  the  nund)er  of  fur  seals  on  the  islands  of 
St.  Paul  and  St.  (Jeorge  to  which  it  was  entitled  umler  the  law  and  its 
<'ontract  with  the  United  States,  dated  March  12,  1800. 

It  appears  (rom  the  records  (d'  the  Treasury  Departnu'nt  that  said 
Company  was  authoriz«'d  by  the  Se«'reiary  of  the  Treasury  t(»  taki' a 
quota  of  00,000  seals  for  their  skins  during-  each  of  the  years  1890  and 


CLAIM   OF   NORTH    AMERICAN   COMMERCIAL   COMPANY.       521 

181)1,  luulor  the  subsistiiif;  contract  between  the  Unitetl  States  aiul  the 
lessee,  ami  iii  <'Oiit'ormity  with  the  hiw  regiihitiiig  the  .same. 

It  fui'ther  appears  from  the  records  of  the  Treasury  Department 
that  the  United  States  prohibited  said  Company  from  taking  its  said 
ijuota  of  <iO,(K)()  in  1H90  and  said  (|Uota  of  (;0,(KX)  in  1S91,  and  that  the 
U'ssee  was  restricted  to  a  quota  of  2(),{M)5  fur-seals  in  1800  and  to  1.{,4S2 
in  l.SOl.  So  that,  instead  of  securing  120,001)  in  1890  and  1891,  the  les- 
see receivi'd  but  .'U,477  during  both  years, 
liespectfully  submitted. 

TuE  North  American  Commercial  Company, 

By  N.  L.  Jeffries, 

Itn  Attorney. 


WASiiiXdTON,  D.  C,  Jpril—,  1S93. 
The  United  Statex  in  nocount  with  the  Xorth  American  Commercial  Company. 

iSfptonibor  1,  IWtO— 

To  losaes  «>ii  accomifof  Im^imj^  prohibitt'd  by  tho  ITnited  Statos  from 
t!ikin<;  ;{!».0()r>  fiii-siNil  skins  on  the  islands  of  St.  Panl  and  .'^t. 
(ie(ii'<>«',  Alaska,  wliicli  said  Coni|)an.v  was  autliori/.tMl  by  law  and 
bv  its  <;ontra<t  with  tlie  United  States  to  U\\ii'  add  ship  from 
said  isliinds  dnriiij;  the  vear  1890,  at  .f_>0.7S  p»!r  skin $810, 523.90 

Sept«nd)er  1,  1891— 

To  losses  on  accoiiitt  (»f  UUn);  prohibited  by  the  United  Statrs  from 
takin<;  I(),.~>I8  t'nr-seal  skins  on  the  islands  of  St.  Panl  and  St. 
Georjje.  .\laska,  which  said  Company  was  anthori/.ed  by  law  and 
by  its  eontraet  with  the  I'nited  States  to  take  and  sliij)  from 
said  islamls  durin<>  the  year  1891,  at  sfl.').."):!  per  skin 722,  124..")  t 

Total 1,  .532, 947.  It 


Hi 


certificate  op  axttiientication. 

United  States  of  America, 

TnnHury  Departtnent,  Jiili/  :*3,  isn2. 

Pursuant  to  .section  882  of  the  Uevised  Statutes,  I  hereby  certify  that 
the  anue.Kcd  paper  is  a  true  copy  of  a  letter  addressed  to  lion.  Noah 
li.  .leftVies,  attoriuw  f<u'  the  North  American  C5ommorciul  Company,  as 
shown  by  the  records  in  this  Department. 

In  witness  wliereof,  I  have  hereunto  set  my  hand  aiul  cau.scd  the 
seal  of  the  'heasury  Department  to  be  affixed  on  the  day  and  year 
flrst  above  written. 

^L.s.J  Charles  Foster, 

Secretary  of  the  Tretmury. 


Treasury  Department,  Office  of  the  Secretary, 

Washington,  I).  C,  June  i!7,  1892. 
Uon.  Noah  L.  .Jeffries, 

Attorney  for  the  North  American  Comtnercial  Company, 

Waxhinjfton,  IK  C: 
SiB:  The  Department  has  received  y(»ur  letter  of  this  date,  in  which 
you  withdraw  the  protest  of  the  North  American  Commercial  Company 
66 


m'' 


J  Is 


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522        CLAIM    OF    NOU'Tll    AMKUK  AN    COMMKIICIAL    COMPANY. 

wliit'li  ;ic*<'()iiii»iiiiitMl  its  dcpusit  of  tlu'  sum  of  !?K>,7U>.2.t,  in  piiyinrnt  of 
rent  iiii<l  taxes  iiiuler  its  lease  of  the  seal  islands  in  Alaska  for  the 
year  endiri};'  April  1, 1802. 

The  Attorney  (leneral  havin;^'  expressed  the  opinion  that  this  De 
partnient  is  authorized  to  reduce  proportionately  the  rental  and  bonus 
«lue  from  said  Company  (Ui  a  basis  of  a  maximum  eati'h  of  1(M),(MM)  sl<ins. 
the  aeeount  has  been  adjusted  as  follows,  in  aeL'ordance  with  our  ver- 
bal understanding,  viz: 

Tiixoii  IS.  182.  at  *!' $26.!)G4.00 

Kentiil  on  13,482  at.  mtiO 8.n8!).20 

Bonus  on  12,2.")! ,  at  $0.t».")  17' 11.  (HHi.  03 

4(i,  741I.23 

It  is  understood  that  this  adjustment  is  accepted  by  said  Company  as 
full  settlement  and  satisfaction  of  all  c  aims  and  demaiuls  ajianist  the 
United  States  for  whatever  cause  to  tlu'  date  thereof,  except  oidy  as  to 
its  rijiiit  to  claim  any  amount  whicli  may  b«^  skwarded  to  it  by  the  Arl>i- 
trat«us  appointed  by  (Jreat  Urituin  iiiul  the  United  States  under  the 
treaty  of  April  IS.  IStL'. 

liespeetfuUy,  yours, 

Charles  Foster, 

Secretary. 


certificate  of  aittiienticatton. 

United  Statks  or  Amkrica, 

TviOHuni  IhjHnftnrnt,  'hilif  .:J7 ,  /W,?. 

Pursuant  tf)  sei4i(>n  SS2  of  the  Kevised  Statutes,  I  hereby  certify 
that  the  annexed  paper  is  a  true  copy  of  a  letter  on  (ile  in  this  I)ei)art- 
ment. 

In  witness  whereof,  [  have  hereunto  set  my  hund.  and  caused  tlu^i 
seal  of  the  Treasury  Department  to  be  atlixed,  on  the  day  and  year 
tlrst  above  written. 

[L.  s.]  Charles  Foster, 

kS('ctrt<(ri/  o/ the  Tr<((snry. 


Washington,  D.  V.,  JhUj  :>3,  J89i?. 
To  the  Hon.  Charles  Fostkr, 

iSrcrrtiiri/  of  the  Trcdniirif: 

Silt:  On  behalf  of  the  Xorth  American  Connnercial  ('ompa'iy,  of  San 
l-'runcisco,  the  lesse<'  of  the  ri^iiit  to  take  fur-seals  for  their  skins  on  the 
islands  of  St.  Paul  and  St.  (Jeor;Lre  in  Alaska,  I  have  the  honor  to  pre- 
sent the  claim  of  said  company  for  damajjes  sustained  by  the  limitation 
of  the  quota  of  fur  seals  by  the  United  States  from  ioo,(KM>  to  l/t(H) 
duriiifr  the  year  bejfinning  May  1,  18M2,  involving  a  loss  to  said  company 
of  $l,.;(]r>,000,  for  which  amount  said  eomi)any  respectfully  requests 
payment. 

The  XoRTii  American  Commercial  Company, 

By  N.  li.  .lEFFRlKS, 

Jfs  Attorncff. 

'Thi'ie  is  an  eiior  in  tlicHi-  fi'^nrcsdiu'  toa  trnns])nH!tinn.  Tlierat«»  jmr  skin  should 
be  $0.9311  and  tlic  amount  $11,414. 13.     The  conoct  total  being  $4l),4U7.33. 


CONTRACT  FOR  PELAGIC  CATCH. 


This  agreement,  made  the  fourth  day  ol"  Sei)teinl)er,  A.  T).  ISOO,  he- 
tweeii  Maurice  .1.  Davis,  merchant,  of  Victoria,  J3.  C,  of  the  first  i)art, 
and  Captain  William  (Irant,  owner  of  the  sc^hooner  Beatrice,  of  Victo- 
ria, B.  v.,  of  tiie  second  part, 

VVMtnesseth,  that  for  ami  in  consideration  of  the  i)remis(!s  herein  con- 
tained, the  party  of  the  first  part  binds  himself  in  the  sum  of  two 
thousand  dollars  (!!<L*,0(M))  approved  s«'cnrity,  to  purchase  from  the  party 
o.  the  secon<l  part  all  fur  seal  skins,  excepting"  tiiosc  in  a  pinky  con- 
dition, obtained  and  acquired  by  tin'  said  schooiH-r  on  her  present 
voyaj^e  (th<;  danf^ers  of  tlie  seas  and  usual  l)ill  of  ladinj;-  clauses  ex- 
cepted) and  to  ]»ay  cash  for  such  seal  skins  at  the  rat(^  of  «'leven  (h>l- 
lars  for  each  ami  every  skin  (h'livered  by  the  party  of  the  s«'cond  part, 
inclndiny  all  wigs  and  ftrey  puj)  seal  skins,  but  provided  that  the  ]M'o- 
l)ortion  of  grey  pup-seal  skins  shall  not  exceed  ten  per  i-ent  of  the  en- 
tire cat<^h  of  said  schoom'r,  when  in  such  «'ase  the  party  of  the  first 
part  agr«*«'s  to  purchase  all  grey  pup  seal  skins  in  the  excess  of  ten  per 
cent  of  the  entire  catch,  and  pay  cash  for  eacli  and  ev«'ry  grey  pup-seal 
skin  in  such  excess  at  the  rate  of  two  dollars  ($2.00)  each  <m  right  «le- 
livery  of  sann».  And  the  said  party  of  the  second  part  agrees  to  deliver 
to  the  said  party  of  the  tii-st  ]»art  all  the  fur-seal  skins  a«*(piired  as 
above  by  the  said  schooner,  subject,  nev«'rtheless,  to  the  proviso  here- 
iabefore  contained;  and  also  agrees  to  deliv«'r  said  skins  to  the  pai'ty 
of  the  fiist  part  alongside  any  wharf  in  Victoria  llarlHuthat  th  party 
of  the  Mrst  |)art  may  desire,  and  within  rtve  <lays  of  the  arrival  of  said 
schooner  into  the  Port  of  Victoria. 

And  it  is  further  agreed  that  should  the  party  of  the  fust  part  fail  to 
l>ur(;hase  the  aforesaid  seal  skins  from  the  party  of  the  second  i)art, 
then  the  said  security  in  the  sum  of  two  thousand  dollars  shall  bo 
absolutely  forfeited  to  the  party  of  the  second  part:  and  the  i)arty  of 
tiie  first  i>art  covenants  that  in  case  of  the  nonfulHllment  of  this  con- 
tract on  ids  i)art  that  he  will  not  institute  legal  proceedings  to  recover 
the  said  sum  of  two  thousand  dollars  thus  forfeited.  And  lastly,  it  is 
imitually  agreed  that  this  agiecMnent  shall  be  void  on  anu  after  the  ;{lst 
day  of  l)ecend)er,  ISOO. 

in  witness  whereof,  the  said  ]>arties  hereunto  have  hereto  set  their 
hands  and  seals  the  day  and  year  first  above  written. 

M.  J.  Davis.  [l.  s. 

^VlLLlAM  (jRANT.  [L.  «. 

Signed,  sealed,  and  delivered  in  i)resence  of — 
F.  W.  Adams. 

DiSTRioT  OF  Columbia, 

(^ity  of  Woxhinfffon,  ss: 
I  hereby  certify  that  I  have  comi)ared  the  above  pai)er  with  the 
original  agreenuuit,  and  that  said  paper  is  a  true  copy  of  the  whole  of 
said  original  agreement. 

[SEAL.J  SEVELLON  A.    JiROWN. 

623 


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LOG  ROOKS  OF  Sl'AlINT,  VESSHLS. 


Jkpoftition  of  Cnpf.  L.  G.  Sheportl^nffhe  United  Sfafen  Rercnve  Mnriue^ 
Ulcuttfiihuj  the  lo(j  hooktt  of  the  seized  schotmers  Ellen,  Annie,  AlJ'reU 
Adams,  and  Ada. 

District  of  Commhia, 

<'ity  of  Washington,  ss: 

Vji\\}t.  L.  (1.  SlM'iJiird,  of  tlio  ITnitod  States  Revomu' -^^arille  Service, 
liiiviiiji'  been  «liil.v  sworn,  Uoposes  and  says:  That  tlu'  Iof»'  books  of  tb<i 
scliooncrs  Ellen,  Annie,  an<]  Alfred  Adams,  marked  i-esprctively  No.  1, 
No.  2,  and  No.  li,  and  si<4iHMl  by  liiin,  an*  tlie  original  log-  books  «»f  said 
scliooiH'is,  sei/t'd  by  liiin  in  1.S.S7  for  vi«dation  of  section  ll»."»l»  of  Ibe 
I'liited  States  llevised  Statutes;  and  that  tlie  \og  bookof  tiie  schooner 
Ada,  marked  No.  4,  and  sij-ned  by  him,  is  the  ori<>iiniI  h)*-  book  of  said 
sclioonor,  which  lie  saw  at  Sitka  in  the  y«'ar  I.SS7,  and  which  Inid  been 
removed  from  said  schooner  when  s«>ize«l  by  ('apt.  M.  A.  Ilealy,  United 
States  Itevenui'  Marine,  in  viohition  of  the  above  mentioned  statute. 

L.   (i.    SlIKI'ARl), 

Captain,  United  States  h'eeenue  Mio'ine. 

Sworn  and  subscribed  to  bcfoi-e,  me,  a  notary  public  in  and  for  thc^ 
Distriit  of  Columbia,  this  28th  day  of  Julj%  1S1>2. 

[.SEAL.|  JAS.   N.    FITZI'ATRKMv, 

^'otary  Vublic. 


if»:  I 


ilP 


'IIHvi 


LOG  OF  SCHOONER  ELLEN. 

8eKr.  Ellen  of  San  Franeiseo  Hound  from  S.  F.  on  Hunting  cruise  June 
8th,  18S7.     T.  11.  Wentn-orth,  master. 

Ton  June  Sth  sailed  frcun  wharf  at  3.,'{(>  p.  m.  and  arrived  atSausalito 
at  5..'{0  p.  m.  and  anchored,  sailing  again  at  li.'M)  and  put  to  sea,  w  eather 
ha/y. 

June  9th  Farndones  bearing  N.  E.  by  N.  dis  12  miles,  course  S.  \V. 
wind  W.  N.  W. 

June  10th  cominencos  with  W.  N.  W.  wind  and  light,  course  S.  W. 
Lat  im.rht,  Lon  124.1. 

Sat  June  llth  «'ominences  with  W.  N.  W.  wiud  at  8  p.  m.  ta<*ked  ship, 
wind  shifted  to  S.  VV.  4,  a.  m.  wind  hauled  to  S.  S.  W.  course  W.  by  S. 

lat  37.00.  Lou  124.57. 

525 


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LOG    BOOKS    OF    SKALIXfJ    VESSELS. 


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Sun  Juno  I'-'tli.  This  day  commonces  witii  rain  and  s(|ualls  .'{..lO  wind 
N.W.  at  't  o'ilocdv  tacked  ship  and  stood  to  S.W.  J)  ()\',l(M'k  ivcIIVmI  nmiu 
sail,  took  in  Jib  and  ivelud  foresail.  10  p.  ra.  furled  main  sail  at  0  a.  in. 
set  reefe<l  jil)  and  main  sail  wind  N.  by  VV.  scjually. 

Lat  bv  1).  1{.'    .'57  11 

Lon  by  1).  K.  125  49. 

Monday  .Tune  I'Jth. 

This  day  eoniinenees  with  stronj;-  N.W.  wind  and  s<£ualls,  at  8  a.  in. 
sho<)k  reefs  out  oi  sails. 

LatbyObs    'M  24 
Lon  by  Obs  127  48 

Ten  June  14th 

This  day  eoinnien«'es  with  wind  W.  N.  VV.  and  cloudy,  midnight  tog 
eanie.    latter  part  fog  lifted  wind  light,  W.  by  S. 

Lat  in  bv  ()i>s.      'Aii  .">!> 

Lou  in  by  I).  K.  121M>2 

Wed  June  1."»th 

This  dayeoinnienees  with  breeze  from  W.  by  S.  ends  same  with  occa- 
si(Mial  fog. 

LatbyObs.   .T.  2;{ 
Lon  ''      "     130  ;J6 
Thu  June  l<»th 

This  dav  eonnnences  with  west  wind  and  ends  same. 

Lat  in     ;r>  42 
Lon  in  L51  2;i. 

Fri  June  17th 

This  day  begins  with  light  W.  by  S.  winds,  at  1  p.  )n.  past  a  British 
barge  name  unknown,  bound  S. VV.  at  a.  in.  wind  liauled  to  N.  by  K. 
and  s(|ually.  at  4  a.  ni.  reefed  main  sail  and  gib,  and  shook  them  out 
again  at  11.45. 

;{(>  08 
Latl).  K.    :i.;  2:>^ 
Lon   "  "    i;}2-41 

Sat  June  18th 

This  day  begins  with  strong  breeze  from  X.N. K.  with  squalls;  and 
ends  sajiie.  11  a.  m.  saw  a  bargu(^  standing  to  the  Northward,  e(Miiso 
run  west, 

Lat  in    .50-28 
Lon  in  l.'{4-5;3. 
Sun  .lune  IDth 

This  day  begins  with  It  N.N.K.  wind  middle  part  ealm,  and  thiek  fog. 
latter  part  clear,  wind  same,     distance  made  (J(>  miles,  N.W.  by  W.  ^  W. 

ijat  in    .{0.  45 
24 
Lon  in  13(J.  iO  » 

Monday  June  20th 

This  day  begins  with  N.N.FC.  v  ind  latter  part  N.E. 

Lat  in  by  Obs  ;!7  .")8 

Lon  "  "     "  i:i7  r,() ' 
i;w  08 
Distance  run  95  miles. 


iKiuHoil  ill  ori^iuul. 


#,  i 


LOG  BOOKS  OF  SEALING  VESSELS. 


527 


Ten  .liino  2Lst 

This  day  begins  with  wind  N.K.  and  !i«ht,  latter  part  X.  and  fresh. 

Lat  in    ;J8  't'2 
Lon  in  140-24 
Distani*  run  77  miles. 
Wed  June  22nd 

This  day  begins  with  ft\  di  X.  Wiinl,  inidni^'ht  wind  hauled  to  X.  X. 
E.  with  fo;;  and  siiuall.     Latter  part  N.  E.  and  fresh. 
Course  iiade  N.  W.  by  W. 
Distance  run  107  miles. 

Lat  in  40-(»9 

Lon  ''  by  D.  K.  142-49 
Tim  June  23rd 

This  day  bej>ins  with  fresh  N.  X.  E  wind,  latter  part  wind  hauled  to 
8.  with  fog. 
distance  run  00  miles. 

L  It  in  by  1).  K.    40.59 
L(m  "  "     "    "    144.45 
Course  made  N.  W.  &  \V. 
Fri  June  24th 

This  day  be};ins  with  liyht  E.  S.  K.  wind,  with  fog  and  rain,  middle 
part  liauled  to  S.  W.  latter  i)art  to  W.  S.  W. 

Lat  in  by  Obs  42-20 
Long'<   "      ''   145-30 
Sat  June  25th 

Tliis  day  begins  with  S.  W.  wind  mid'lie  part  hauled  to  W.  by  X. 
with  fog,  and  ends  sanu\ 

Lat  in  4.i-21 

Lou  "  by  1).  H.  140-07 
Sun  June  2<)th 

This  day  begins  with  light  W.  wind,  middh'  part  breezed  \i\)  shore 
S.iS.W.  witli  fog,  h»tter  part  hauk'd  to  VV.  by  N.  and  cleared  up. 

Lat  in  by  Obs    44-40 
Lon  in   '  147-07 

Distance  run  t>7  miles. 
Mon  June  27tli 

This  day  begins  with  VV.  by  S.  wind,  latter  part  hauled  to  S.S.W., 
course  \V.  by  .N.  jj  Is',  distaiu'e  run  5'.>  m. 

Lat  by  Obs.  Hi-(H  ' 
40-04 
Lon  147-41 

Ten  June2Sth 

This  (lay  bt'gins  with   Lt.   S.S.VV.   wind,    middle  part  breezed    up 
sti'ong  with  rain  soualls,  latter  part  sanu'. 
Distance  run  125  utiles. 

Latin  by  D.K.     47-13 
Lon  "    ''    "    "    150-10 
We«l  June  20tli 

This  <lay  begins  with  strong  breeze  from  S.S.K.  with  rain,  at  11  i)m 
wind  hauled  to  W.S.  VV.  blowing  yery  heayy.  Barometer  fell  t<>  20.50. 
at  12  reefed  Jib  and  main  sail,  and  furled  for  sail.     Latter  part  same. 

Lat  in  by  I).  L\     4S-05 
Lou  "    "    "    ''    152-24 
Distance  run  85  miles,  X.  W.  by  W. 


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528  LOG   BOOKS   OF   SKATJNHJ   VESSELS. 

TllU  JmiO  3(H1». 

Tills  tlay  comuu'iicos  with  frcsli  X.W.  wiiul  juul  tViick.  S  p.  m.  wiml 
hiiuh'd  to  S.S.H.  with  light  ijiiii.  latter  part  hauled  to  iS.tS.W.  ami 
cleared  up. 

Lat  in  by  ()l)s    r.O.;U 
Lou  in  time       ir)2.3i1 
Distanee  run  91  miles. 
V\i  ,Iuly  1st 

This  day  <'onnnen<'es  with  fresh  8.S.W.  wind,  8  |)ni  moderated.  jU 
niidnijiht  hauled  to  W.N.W.  at  8  am  reeled  mainsail,  course  made 
this  24  hours  N.W.A  W.  8;{  miles. 

Lat  in  bv  J).  11.    T)!-,'}! 


Lon 


•'     "    "    ir>i-ll 


ffOUl} 


Sat  July  Und 

Th'.>  day  ctMnmenees  with  stron;;'  breeze  from  W.  by  S.     vessel 
under  short  sail,     at  4  am  wind  haided  to  S.S.W.  course  made  N.  51. 
distance  made  (m  miles. 

Lat  by  ]).  \i.  ."iL'-lL* 
Lon  •'    "    "  irM-24 
Sun  .Tuly  .{rd 

This  day  commences  with  li;iht  breeze  from  S.S.W.  and  s<iualls. 
ill  ."►  pm  wind  h-uded  lo  K.  and  veeied  to  N.IC.  Ulowinjj  very  heavy. 
I'k'M)  am.  reefed  sails,  at  1>  am  hove  shij)  to  on  staiboard  tack,  wind 
blowing  verv  heavv.     This  tlav  no  obs«'rvati<m. 

Lat  i.v  1).  li.  r>L»-.-iL' 


Lon  "  "  '• 
distanee  run  N.  W.  .\  \V.  121  miles. 
Mon.Iulv4th 


lo7-48. 


This  diiy  connnem'cs  with  strong  bre«'ze  from  X.W.  vessel  under  fore 
sail,  iit  ;■),,"»(>  made  sail  and  stood  to  W.S.W.  at  S  tacked  ship  and  stood 
to  North,  at  II  am  sighted  the  Chine  Bura  Lslands,  bearing  X.W.  by 
N.     dis  20  miles. 


So  ends  this  dav. 
Ten.Iulv')th 


Lat  by  Obs      'il.  20 
Lou  in  time  158.  30 


This  day  commences  with  light  S.W.  wind.    0  pm  died  out  calm,  anil 
ends  same,  with  Sinn  Noski  Island  bearing  W.N.W. 

distanci'  S  miles. 

Wed  duly  «»th 

This  day  cominenccsci-.Im  with  It  rain.     8  pm.  wind  bieezed  from  west 
and  light,    later  part  same,  Nagia  Island  bearing  N.W.  dis  20  miles. 

so  ends  this  day. 
ThudulyTtli      This  day  coinmeiuies  with  X.S.W.  wind.      Nagi  Island 
bearing  X.W.  dis  20  nides.     middle  part  died  out  calm,     latter  part 


same. 


Lat  in      .■>4.44 

Lon  in  1iin.r,j^ 
100.52 
Fri  .)  (dy  8th 

This  day  «'omnu'nc(.'s  <'alm,  in  30  fathoms  of  water.  «'at<'hing  tish,  at 
4  pm.  wind  breezed  S.W.  middle  part  hauled  to  S.S.W.  so  ends 
this  day,  with  Ilallibut  Island  N.W. by  W;  dis  15  miles. 


EruHeil  ill  origiiuil. 


Pi" 


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LOG  HOOKS  OJ  SKA  1,1  NG  VKSSELS. 


02!) 


Silt  JiilylHh 

riiis  (lay  <'OiiiiiKMi('('s  witli  Ii<iiit  l)af'lliii<i- wind,  jiiiddlc  |»art  died  out 
calni  with  lo}4".     and  cuds  same,  \vitli  .hMiiiac  Island  hciiinji'  VV.N.VV 

Sun  .Inly  lOtli 

This  (lay  (•oninu'nccs  with  It  Incczc  iVoni  S.W.  middle  part  Incczod 
S.S.K,.  4  am  set  otl"  lor  Onnimac  pass,  latter  i)art  still  hiee/e  with 
rain. 

M(»n  .Inly  11th 

This  day  ('(nnnn'nces  with  stronj;'  S.S.E.  wind  with  toy-,  runninjn'  for 
Onnimac.  4..'{(>,  nnnle  oiu'iiiny  beaiinji'  W.  by  S.  2  miles,  distance, 
passed  thron<;h  the  straits  at  11  pm.  and  hov«'  to  in  thick  Ibj.^'.  at  0 
am.  bore  up  ami  run  in  Ibi  water,  at  IL*  o  clock  anclKued  iiuder  the 
Island,  and  loaded  \vater. 

,Inly  li'th 

This  day  commences  with  lij;ht  toj;.  lyin<j  under  the  laud  tilling 
water,     at  S  pm  <iot  under  weifih  and  j^ot  oil' shore. 

This  day  emls  with  one  seal  L(t  Geaiinj;'. 

Lat    .")!». ;  JO 
Lon  lOtJ.lli 

Wed  .Tuly  13th 

This  day  « omnu'uces  with  It  W.S.W.  wind  with  fog.  latter  part 
calm,     boat  out  catch  of  seal  iS. 

Lat     54.L'0 

Lon  i(;(;.;{!> 

Thn  .Inly  1 1th 

This  day  comnu'm'cs  with  It  wind  and  fog.  at  7  am  wind  breezed  up 
stiong.    no  boats  (»nt.     at  IL'  noon  hove  to  under  fore  sail. 

Lat  in  l)y  1).  K.     .H.-'iO 
L(m  "   "•'    ••    ^<    1()7.;}!» 
Fri  .Inly  15th 

This  day  commences  with  str(nig  gules  from  S.IC.  at  12  midnight 
wind  nn)derate(l.  "»  am  nnide  sail  and  stood  to  stnitli.  at  lb  am  wind 
hauled  to  W.N.W.  blowing  heavy.     U(»  boats  out  this  day. 

Lat  in  by  1>.  IL     .'^.^S 
L(m  "   '^    "    "'    H;s.lM> 
Sat  .Inly  Kith 

This  day  c(nnnn'nces  with  stiong  gales  fr(un  S.W.  .iml  rain.  Ves- 
sel going  under  double  reefed  main  sail,  and  ends  same. 

Lat  in  by  D.  U.    ol.ia 
L(m  in  "     "    '•    1(17. 2<; 
Sun  .Inly  17th 

This  day  couMncnces  with  str(nig  W.S.W.  at  I  pm  made  llabou- 
cliinskay  Island  bearing  S.IO.  w(»re  ship  otf  again.  '.\  pm  wind  died 
out  calm.    5.30  am  put  boats  (uit  this  day  and  took  <)  seal. 

hat  in      .'>4.oi 
Lou.  in   1(»7.05 
M(m  .Inly  ISth 

This  day  c(Mnmences  with  It  N.IO.  wimls.  both  boats  out.  latter  ])art 
wind  S.K.  and  It.  IJoger  llof  Island  l)earing  S.W.  dis  L'O  miles,  catch 
of  seal  13. 

Lat  in     54.00 
Lon  in   1(»7.I5 
Ten  .Inly  101  h 

This  day  e(nninences  with  it   S.l).  wind,     at  4  i)m  wind  bree/.ed  up 
str(Hig.     Itoats  canu'  (Ui  boaid.    at  <l  pm  ho\(>  to  umler  tore  sail,    latter 
pait  umler  Ouualaska  Island,     catch  of  seals  4. 
07 


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530 


LOG    BOOKS    OF   SKALING    VI'.SSKI.S. 


i   ' 

i 
♦  ■  ■ 

y 

1     ; 

'■-       '%■  '(Is    1 


1 1 


\V<Hl  ,Iuly  -JlKh 

This  (lay  (•(unim'iu'is  with  It  8.E.  wind  and  hoiivy  s(»a  niiiniiij;.  ai 
7.30  pni  ainhoied  niidci-  the  hind,  at  10  caiiu'  on  r()nj;h.  <;ut  multi- 
weigh  an<l  stood  to  sea.     >io  seals  this  day. 

Tim  July  21st 

This  day  coninieMces  with  stron;;-  ^jah's  IVoni  S.  S.  E.  at,  2  pin  wind 
lianh'd  to  S.  W.  vessel  runninji  olV  sliore.  at  !>  am  put  boats  out,  ami 
took  5  seal.     IJoger  Slots  Island  hearinj;  !S.  \N'.  »S:  bv  S.     dis  l'.>  ii:il«'s. 

Fri  July  L'L'iul 

This  day  ioininenees  with  lijjht  W.N.VV  wind,  at  5  ])ni  died  out 
calm,  latter  part  same.    2  boats  out,  eatch  of  seal  20. 

Lat  bv  Obs  o4.15. 

Sat  July  2;ird 

This  (lay  eonunences  with  calms.  2  boats  out.  middle  part  wind 
came  fresh  from  S.S.W.  boats  eame  on  board,  latter  pari  died  out 
ealm,  with  Boj^er  Slof  bearing  S.VV.  by  W.  dis  30  miles,  catch  of 
seal  12. 

Sun  July  24th 

This  day  commences  with  It  S.S.K.  wind,  at  4  i)m  wind  bicezcd  up. 
at  midnight  hauled  to  VV.N.W.  blowing  heavy,  latter  part  same. 
boats  out  half  day.    catch  of  seal  14. 

J.at  in      r)4.2.S 
Lon  in     l()7.o2 

Mon  July  2.">th 

This  day  commences  blowing  stiff  from  W.N.W.  lirst  part,  latter 
part  calm.    2  boats  out,  catch  of  seal  <»•). 

Lat  in       .■»1.33 
Lon  in     1 08.12 

Teu  July  20th 

This  day  commences  with  strong  wind  and  ends  same,  no  boats  out 
this  day. 

Lat  in    54. 4S. 
Lon  in  1(JS.22. 

Wed  July  27th 

This  day  begins  blowing  strong  from  S.S.I<i.  latter  part  hauled  to 
S.S.W.     hove  too,  under  fore  sail,     no  boats  out. 

Lat  in    .'.4.40 
L«m  in  I  OS. 42 

Thu  July  2Sth 

This  day  «'ommences  with  S.S.W.  wind  and  heavy  sea.  at  S  am 
spoke  the  IJi'itlsh  s<'liooner  ".Mary  ICllcn"  witli  17o(>  seals,  no  lK)atsout 
and  en<ls  the  same. 

Fri  July  20th 

This  day  commences  with  strong  breeze  fnan  W.S.VV.  and  ln'avy 
sea  running,  at  10  am  made  Uoger  SIov  Ishnid.  Itearing  S.K.  dis  10 
miles,     took  one  seal,     so  ends  this  day. 

Sat  July  30th 

This  day  comnu'nces  with  breeze  from  S.S.W.  middle  i)art  hanled 
to  W.S.W.  still  lying  under  lore  sail,  no  i»oat,>^  out.  but  plenty  ol* 
seal  around,  took  3  over  the  side.  s<»  ends  the  day  with  liogerslov 
bearing  S.K.  by  E.    dis  15  miles. 

Sun  .Fuly  31st 

This  day  begins  with  strong  W.S.VV.  wind,    at  7  am  breeze  moder 
uted,  and  boats  got  out  for  7  hours,  and  took  25  seal  and  the  breeze 
came  up  again. 


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LOG    I500KS   OF   SKAIJNG   VKSSELS. 


531 


Aiij;-  1st 

This  day  i'oininoiM'os  with  stion<jf  W.R.W.  wind,  middle  jtart  wind 
iiiodt'iatcd.  .Sam  boats  went  out  and  brought  in  J)  seal,  day  ends 
with  rain. 

Ten  AugL'iKl 

This  day  eoinniences  moderate,  middh'  part  l»reezed  up  sharp  from 
N.  W.  bore  up  lor  tlie  hin<l  at  10  am.  anchored  under  Oiiuimac 
ishnid.    so  ends  the  <hiy, 

VV«'d  Any  .'Jrd 

'I'liis  «hiy  eomuienees  witli  strong  X.VV  wind,  vessel  lying  under 
Ouiiiinac  Ishmd  filling  water.     Wo  ends  the  day  with  lieavy  s«pndls. 

Tim  Aug  4th 

'I'liis  (hiy  eomnu'nees  witli  sti'ong  W.S.W.  wind,  and  squalls.  2  pni 
,ind  died  «)ut.  \  \>u\  gol  under  way  and  stood  otf  shore,  at  t»  am  put 
boat  out.  at  ten  am  wind  luee/ed  njt  iVom  E.  1 1..'{0  am  one  boat  eaine 
on  boai'd  with  ."»  seal,     so  ends  the  day. 

Vv\  Aug  "tth 

This  day  <'ommeuees  with  strong  breeze  tVom  E  with  rain  squalls, 
at  4  pni  stood  in  for  the  land,  at  S  pm  anchored  under  tiie  land,  at 
4  am  sighted  th«'  l\<  veniu'  steamer  steering  East,  at  U  am  hove  up 
anchor  and  stood  oti  shore,  at  1(>  am  boats  went  out  and  took  12  seal, 
so  ends  this  day. 

[No.  I.    July  L'S,  I8«L»,  Washington,  D.  O. 

L.  (5.  SlIllPARD, 

Ctqitiiin,  U.  S.  livvenuv  Marlne.\ 


Hi 


i- 


LOO  OF  SCHOONER  ANNIE. 

From  San  I'raiu'iseo  towards  Hunting  &  tisbiug. 


Friday,  24  March,  ISST.  H.  1 ;  Winds,  X.W.;  at  2  P.  M.  got  schooner 
under  way  and  procee<led  to  sea.  fStr(»ng  N.W.  winds  iS:  Sharp  sea  at 
(i,  I'.  M.    <deared  the  beds     Stood  of  Shore  till  <»  a  nt     tacked  in  Shore. 

2.")  Day  of  March,  1SS7.  II.  I;  Winds,  X.W.;  this  24  Innirs  Strong 
Mree/.es  &  line  w«'ather  \'essel  under  easy  sails  Noon  tack«'d  ship 
^:  stood  of  shor«'  North  Ifocks  X  by  E  \i)  miles  Dis  Midnight  Dito 
tack  to  Northard 

20  Day  of  March,  1887.  Il.l  ;  Winds,  X.W.;  this  24  hours  Strong 
Jireezes  iS:  heavy  sea  Vessel  under  I'lasy  sail,  at  12  hours  midniglit 
tack  ship  to  Northard  Noon  tack  Ship  to  Southard  North  Kocks 
JJareing  N  E  l»y  V.  ',\  mih's 

27  Day  of  Miirch,  1887.  II.  1 ;  Winds,  N.W.;  this  day  24  hours  Hrst 
liart  Stiong  l>re»'Z«'  vS:  lint'  weather.  Noon  Point  Strong  I>reez«'  »S:  line 
weathr  Pout  K'avs  liares  1'^  S  10  Dis  0  nules  Midnight  pout  Kayes 
JJare  8  E  12  mils' 


From  San  l"'ranciseo  towards  North  liunting  «S:  Fisbing. 

28  Day  of  March,  1887.  Il.l;  Winds,  W  S  W ;  this  24  hours  first  part 
Sti'ong  l)reeze.S:  tint'  weathr  Noon  of  INut  Poval  Midnight  lllowing 
(Jale  hove  to  under  2  Reefd  F«ue  Sail  P.  M'.  II..S,  Winds,  N  by  W. 
II.  12,  N(.on.     Course,  S.  W. 

29  Day  of  March.  18,s7.  11.  1;  ^Vinds,  N.W.;  this  24  hours  first 
part  IJlowing  (Jale  from  N  W  «S:  heavey  Sea     Vessel  hove  to  uu(U'r  Eiisy 


ill-' 


.  .^SS»:i»<Mtfn>to;  f^j**tt''  ■' 


slftlli. 


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r)32 


LOC    HOOKS    OF    sr.ALINd    VF.SSKf.S. 


I 


Sail  Noon  Dir...  Liitor  Paif  Dit;.  II.  IL'  P.M..  Nmmii.  ('omse,  S  NV; 
l)i8tl»lU'«',  ."4;  Dill,  of  I.iit..  .{S;  J)»'|»i»itlir«',  .IS;  Lilt,  by  I).  H.,  .".S  .  L'l; 
Lat  by  Ob., -'JS.-Jl     Dill'.  .»t  I.oiij-..  41>:  Loii.  in  1L*4.LM. 

.to  Day  of  Mairli,  ISST.  ||.  ! ;  Comscs,  NV  S  W;  Winds,  N  VV;  tliis 
24  lionr.s  tiist  i>ait  Stronji  liii-rzcs  vV;  lioavy  S«»a  <S;  lin«>  woatluT  jiovc 
to  uiuler  L'  UvvlW  I'oioSail 

II.  7;  Cunrsr.s,  N  N  K:  at  <•  a  w  Set  Vow  Stay  Sail  iS:  2  K«'('f  Main 
Sail  &  st<M)(l  to  Noitliaid  II.  2,  P.  M.:  Courses,  N  by  W.  Mi<liii;ilii 
INIodt'iatr.  II  12,  Noon.  Cniiv.so.  N  K  In  IC.'MK;  Distance,  7;  Dill. 
Lat.,  3;  DoiMiturr,  (1:  Lat  by  I).  R.  ;5.S.2i:  Lat  by  Ob.  ;5S.24;  DilV.  ol 
Loii^-.  (5;  L:»n.  in  124.21. 

.'il  Day  ol"  Maicii,  1SS7.  this  24  Inmrs  liist  i)ait  Modiato  IWcczf  ^: 
calms  Xoon  Calms  |ioot  out  I'oats  Post  Boat  p>t  .'{  Seal  Midnij^lit 
Calm  hove  too     II.  12:  Noon.     Lat.  by  01).  ;is.;i();  Lou.  in  12Lr)(>. 

From  San  Francisco  towards  North  Iluntiiig  &  Fishing. 

1  Day  of  April,  1S87. 

II.  1 ;'  Wind.s,  S  W ;  this  24  hours  light  aiis &  calms  at  (».3(>  a m  3  P.oats 
started  hunting  Noon  Boats  com«'  long  Snlcs  P(>st  Moat  one  small 
seal  after  Noon  foggy  ».^-  fresh  lireezes  no  Poats  out  II.  12  A.  ^L, 
Winds.  West,  at  8  hours  P  M  ta«  k  ship  to  westward  «S:  hove  two  un- 
der 2  Ifeefed  Fore  Sail  P.lowini.  heavv.  1 1.  10,  P.  M.,  Winds,  N  N  W. 
Lat.  by  Ob.  ;iS.;r).     Lou-,  bv  Ob.  12."r.(l(>. 

2  Day  of  April,  1.SS7.  II.  l":  Courses.  W;  Winds.  N  N  W;  this24hours 
Blowing  Gale  &  ll«'a^■v  sea  lied  Peadiing  under  2  Peeld  l-'on-  Sail 
Midnight  Dito  II.  12,' P.  M.,  Noon.  Lat  l»v  D.  If.  .'iJLJO;  Lat.  bv  Ob. 
;{S.;{(»;   Lou  in  12r).(K):   Lou.  by  Ob.  121.  i:». 

3  Day  of  A]ui].  1SH7.  11.  1 :  Winds,  N  N  W;  tliis24h<airs  lirst  jiart 
Strong  Ci  ales  tS:  I  {nil  sea  at  2..')i»  a  m  ware  ship  to  Northard  at  S  a 
m  modrate  set  -Main  sail  ^:  jib  Midnight  Calms  II.  11,  P.  M.,  Winds, 
N  W.     II.  12;   Noon.     Lat.  by  Ol).  .JS.IS;   Loii.  by  Ob.  125  .41. 

4  Day  of  Ajuil,  1S.S7.  1 1.  I;  Winds.  S  W;  this  24  hours  lirst  i)art 
light  airs  &  calms  at  8  a  m  poot  3  lloats  out  to  hunt  at  2  PM  took 
Boats  onlxtard  «S:  Slia|»ed  eour.se  for  Cape  F'latery  II.  H;  Courses. 
North;  Winds,  SF.  at  Midnight  past  Cajte  Mendicone  II. 3;  Courses 
N  N  W,  Winds  S  S  E.  H.  12;  Noon.  Lat  by  Ob.  39.10.  Lon.  by  Ob. 
1240.40. 

From  San  Fraiu-iseo  towards  North  Hunting  &  Fishing. 

.jDayof  Ai>riL  1887.  II. I;  K.(i,  C«Mirses,  NNW;  Winds,S  F;  this24 
lamrs  lirst  part  fresh  IJree/v  «K:  tbggv  all  sails  .set.  II.  2;  K.  0.  II. 3; 
K.  <i;  (N.ur.se.s.  N  W.  11.4;'  K.(i.  11..',;  K.  (J.  North  Modrate  llree/.es 
&  tine  weatlir  H.  0.  K.  0.  II.  7;  K.  (i.  II.  8;  K.  (»;  aftei-  Nocm  mod 
rate  Bree/.es  iS:  calm.  H.  !>;K.  (».  II.  10;  K.  (i  II.  11;K.<).  11.12; 
K.d.  11.  1;K.  .-..  11.2;  K.  4  II.  3;  K.  L  11.4;  K.  4;  Mnlnight 
Strong  Breezes  iS:  Cloudv  all  Sails  set  II.  5;  K.  4.  11.  <»;  K.  -i.  II.  7; 
K.  0.  11.8;  K.(».  11.  o;  K.  7.  11.10;  K.  7.  II.  II;  K.  7.  11.12;  K. 
7;  Nocm.     Lat.  Ity  Ob.  41.14,  Lon.  by  01>.  12r»o.  i,-,. 

(5  Day  of  April,  1887.  H.  1;  K.  8;  Winds,  SF;  this  24  hours  Jirst 
part  Strong  Breezes  tS:  Bainv  S<|ual|s  at  4  a  m  took  in  Main  Sail  II.  2; 
K.  8.  II.3;  K.  8.  H.  4;k.  S.  II.  j;  K.  8.  II.  (i;  K.  8;  U.  7;  K.  8. 
IL8;  K.  8;  II.  0;  K.  8;  Winds,  SW;  at  t>  am  hi'avv  sipiall  wind 
hauld  to  S  W  Baining  haid  II.  10;  K.  7:  2  Peeft  Fore  Sail  &  jil* 
10  a  m  Two  Ueeft  manesail  X:  set  it.  II.  11 :  K.  0.  II.  12:  K.  0;  Noon, 
unsetid   weather     U.  1;    K.  0.     II.  2;   K.  5.     11.3;    Iv.  T).     II.  4;   K.  .5. 


'I 


LO(J    HUUKS    (Jl'    SK.\LIN(i    VESSKLS. 


533 


II. 


K. 


II. 0;  K.:..     II.7;   K.T).     II.J>;K.."i.     II.10:IC..-..     II. II 


K.    >. 


II.  lU;  Nooii;  .Mi(liii;;lit  .Modiafr  Ilirr/,)'  <Si  Uaiiu'  SiiiialLs. 
(dinsc,  N ->>  VV;  Dislaiice.  I."»M;  Dill",  of  Lat.  140;  Drpaitiirc,  75;  Lat. 
by  1).  1{.  4;P..'r>;   Diir.  or  Loh.  IS;   Lon.  by  Ol).  IL^P.-W. 

Fr<iiii  Sail  I'^raiirisco  towards  Xortli  •"'isliiiiji'  &  iruiitiiifi^. 

7  Day  of  April,  I.S.S7.  II.  I :  K.4;  tliis  21  hours  lir.st  part  inodrate 
IW'ci'Zt's  tS:  Ibi  wcatlu'i' all  sailsst.  Xoon  calms  »S:  lirav*' sra  IT.  2;  K.4; 
N.W.  Courses;   Winds,  W  S  W.     II.  .{:    K   I ;   II.  .".;  K.  4.     II.  (5;   K.  4. 


II. 


K.  li.    II.  S;  K.3:  Courses,  N  VV  l>v  N:  Winds,  X  W.     II.  9;  K.X 


11.10:    K..X      11   II;    K.2.      11.12;    K.  2.      If.  I;    K.  2.     11.2;    K.  2. 


||.;{;   K.2.     IT.  4;   K.  2;    II. 


K.  2.      II.  (I ;   K.  2.     11. 


K.  2.     II.  S; 


K.  2.  II.  0:  K.  2.  II.  10;  K.  2.  II.  II;  K.  2.  II.  12;  Noon;  Midni<>lit 
IVfsli  Ibcczcs  tS:  lln(^  wcatlir  all  sails  st.  Lat.  by  Ob.  4.">^.28.  Lon.  by- 
Ob.  I2(P..M. 

S,  Day  of  Ajnil,  l.S,S7.     II.  I;  K.  2;  Courses,  X  by  W;  Winds,  East; 


tlii^ 
K.: 


:4  flours  first  part  IVesli  Breezes  ^:  line  weatlir  all  sads  set   II.  2; 


II. 


K.  2.     II.  4;    K.2.      II. 


K 


II.  0 


II. 


K.  2. 


II.  S;  K.3:  Courses,  North;  Winds,  X  E.  Oil.  K.  4.  H.  10;  K.  ,">. 
II.  11;  K.  ."..  II.  12;  K.  .-);  Courses  N.  N.  W  Xoon  Dito.  II.  1;  K.  .5. 
11.2;  K..").     11.  ;5;  K.  "..     II.  4;   K.  0.     11..".;   K.  0.    II.  (J;  K.  0.   Winds, 


N  W.      II.  7;    K.  0.      II.  S;    K.  ."i;   Courses, 


XXI'] 


II.  0;    K.  .•).     II.  10; 


K. — .  II.  12;  Xoon;  Midnijiht  Mlowiny  li«'a\ev  tS:  lu'avey  sea  Ship 
liead  l{eaihin«-'  2  Ueeft  I'ore  Sail  iS:  jib.  Lat  by'Ob.  47.20;  Lou.  by  Ob. 
120.29. 

From  San  Fran<'isco  towards  Ncuth  Fishinft-  &  nunting. 

9  Day  of  Ai»ril,  18S7.  II.  I ;  K.— ;  Courses,  North;  Winds,  WNW; 
tins  24  hours  Strong  dales  tJt  heavt'v  sea.  X'oon  l"'lat<MV  Barea  E  by  X 
20  miles  Dis     II.  12;  X(»on.     Lat  by  Ob.  4S.20.     Lon.  by  Ob.  I2,~).r>i. 

10  Day  of  April,  1S.S7.  this  24  lirst  part  Strong;-  IJreeze  4  fine  weathr 
\-  Stronj;-  Ureezes  iV:  tine  weather  Xoon  lij^lit  airs  .Jc  ealius  at  4  l*ni 
anchored  at  IJarclay  Sound 


ill''    il 


t: 


From  Slid  IJarekley  towards  Sound 

Monday  llth  1 887    ."»  a  m  hand  on  l»ea<'h  &  cleand  on  Side 

Tuesday  12,     Ifaininj;  coud  not  Paint 

Weiisday  l.»  fine  wi'atlu'r     I'aintd  one  Side 

Thursday  14th  tim^  weathr  Painted  aiitlir  sid  over  liaul<l  blocks  & 
fild  water 

Friday  !.'»    hauld  off    Calms 

Satrday  10,     Hlowinji  Stronj;  Gale  from  S  W 

Sunday  17  Blowiii}*  stronj;  from  the  westard  hove  itp  &  pro- 
ceeded to  sea 

18  Dav  of  April,  1887.  II.  I;  Winds,  S  W;  Stronj;-  (Jales  ^vt  clear 
weathr  Later  part  Kaininji.  IT  1  (P.  M.)  Winds,  S  E.  II.  12;  Noon. 
Lat  by  Ob.  49.14.     Lon.  by  Ob.  12(J.l  L 

From  San  Fraiu'isco  towards  North  Hunting  &  Fishing. 

^  19  Day  (d"  April,  1887.  11.  1:  Winds,  S  E;  this  24  hours  first  part 
Strong  IJreezes  iVt  K'ain  Xo<mi  ('alms  Midnijilit  moderat*'  Breezes  »It 
tine  weathr  11.12  (P.M.)  Noon.  Lat  by  Ob.  48.42.  Lon.  by  Ob. 
127.02. 


Hv- 

ii': 


'■1  '  s 


;J,|:i::!: 


5:jj 


L0«5    HOOKS    OF    SKAMNG    VKSSKLS. 


•JO  Dayol'  April,  ISS7.  II.  I ;  Winds,  S  K;  this  L't  hours  liiH>  wrnduT 
»S:  ami  li;;Iit  Vcnibh'  »S;  <'iihiis  liovr  Tow  at  7  sua  jioot  out  lioats  liuiitiii<r 
Noon  hito  ll.;5(A.M.)  Winds  Kast.  Midni^'ht,  Calms.  LathyOl.. 
•tU.^lA.     I.OII.  hy  Oh.  iL'T.liS. 

1*1  Day  of  Ajiril.  ISST.  U.  1 ;  Winds,  K  S  K;  this  L'l  hours  Mist  piii  I 
calms  <\:  liiu'  wealhr     No«)U  iVt'sh  l»r«'«>/t>s  iS:  I'loiuly  I>oats  not  out  atln 

Noon     (Irroijiv   Kij-vs  I   Seal     Midnight  (^j,lms     11.  12  (I".  M.)     N 

Lat.  hy  1).  K.  hS  .  .;.">.     I.on.in  lL'7^  U. 

L'L'  Day  ot  April,  ISST.     this  L't  hours  lino  woatluT  ^:  Htiou};  lirctvcs 

>;o  lloat"s<uit     Midni^iht  Dito     11.  IL';  Noon.     Lat.  by  Ob.  I'.UI.     I 

by  Ob.  IL'7  ..H. 

Fnun  San  Kran«'is('«)  towards  North  lluutiii};'  «S:  Kishinjj 

L'.n^ay  of  April,  1SS7.  II.  1;  Winds,  S  K;  this  L»4  hours  modratc 
T>r(M'/('  tS:  Cloudy  at  7  am  all  lioats  out  t(>  am  took  l!oats  in  iSlow- 
inj;-  •!<:  K'aincinji'  hovo  two  Midnight  winds  hauld  to  W  N'W  iS: 
Chunly  II.  10;  Winds  W  N  VV  11.  12;  Noon.  Lat.  by  D.  II.  VXir,. 
L(Mi.  in  lL'S.24. 

24  Day  of  April,  1S87.  11.  I;  Wiiuls,  W  X  W;  this  24  luuirs  first 
l)art  Stiouji  lire. /OS  «S:  Cloudy  hovo  two  II.  12;  Notm.  Cjursc  N 
r»4  K.  Distanoo  2«;.  Dill".  Lat  l.")^  Departure,  21.  Lat.  by  1).  1{. 
:>{).{»).     DilV.  of  Ltm.  83.     Lou.  in  I27^.."il. 

2.'!  Day  of  April,  1.S.S7.  11.  1;  Courses,  S  S  W;  Winds,  W  N  W; 
this  24  hours  tirst  part  li^ht  air  iS:  calms  Noon  blowiuj;'  dales  tc 
Ivaineiiij;  hovo  two  2  IJeeft  K<»re  Sail  11.2  (PM)  ('oursos,  South ; 
Win<ls,  l<:  S  i:.  II.  12;  Noon.  Course  S  4."»  W;  Distanee  40;  DitV.  of 
Lat.  2S;  Dei>arture  2S;  Lat.  by  D.  K.  41L23;  Dili",  of  Louj;.  4;3;  Lon.  in 
12S^.;54. 

2(»  Day  of  April,  ISS7.  II.  1;  Winds,  S  l>:;  this  24  hours  tnst  jiart 
Stronii  winds  k\:  Kain  .S:  lieavov  sea  Miclniuht  Dito  II.  (I'.M.)  Winds, 
l«:  S  E.  II.  12;  No(ni.  Course.  S  OS  E.  i)istaneo24.  Ditf.  of  Lat. !». 
Deitarture  22.     Lat.  by  1).  K.  40.14.     Dltl".  of  Lon.  M).     Lon.  in  12.S.4L 

From  San  Kraneise«>  towards  Ncutli  lluntini'' vS:  Fishinj;. 


'.^  y  i( 

mi 


,1 


*■•; 


27  Day  of  Aiuil.  1S,S7.  II.  1 ;  Winds,  S  S  K;  this  24  hours  first  part 
niodiate  Lroozos  .S:  L'aining.  Noon  Dito  Midui>;lit  Calms  v\:  Kains 
II.  0;  Winds,  W  N  W.  II.  12;  Noon.  Course,  N  .JO  E.  Distanee  20. 
J)itr.  of  Lat.  22.  Departure  18.  Lat.  bv  D.  If.  4.S..-.2.  Ditf.  of  Lon.  21. 
Lon.  in  127.40. 

28  Day  of  Ajnil,  1SS7.  il.  1 ;  Winds,  W  N  W;  this  24  hours  first  part 
light  airs  iK:  Calms  Noon  fresli  IJice/estS:  Cl<'are&  fine  weather  after 
Noon  ]>oot  out  IJoats  to  hunt  No  Seals  I'i. '2;  Noon.  Lat.  by  Ob. 
49.4t».     Lon.  by  Ob.  127.28. 

20  Day  of  Ajjril.  1887.  this  24  hcturs  frs^  part  Strong  llioezes  vV: 
cloudy  tS:  threatining  weatlir.     No(»n,  Dito.     iMidnight,  Dito. 

.'{()  Day  of  Ajnil,  1887.  this  24  hours  tirst  part  Strong  Ibee/.e  «S: 
cloudy  Noon  Dito  Run  in  to  Kunukout  Stumd  at  4  I*.  M.  anchord 
lilow  ing  «!s:  Ifaineing  hard. 

1  day  of  May  1887,  lllowing  &  Haineing.     Wind  S  E. 

2  day  of  May,  1887,  l»lowing  iV:  L'aineing  wind  SE. 

Kaineing  winds  S  E. 

Clears  &  Calms  ^:  Southerly  winds 

Clondv  »!<:  <  'alms  got  under  way  «&  Proceed  to  Sea 


3 


(i 


a 


li 


Noon  strong  wostly  winds  midnight  calms. 


LOO    H<X>KS   OF   SKALIXO    VKHSKI.S.  535 

Fioin  Sun  Fii^m-isw  l«>wjirds  North  Hiuitiiig  &  Fishing. 

7  Diiyot'Muy,  1S,S7. 

II.  I;  Winds,  ]•:  S  K;  (Ionises,  Soiitli;  this  L»Miours  first  pint  Strong 
Cjics  tS:  liiirtl  IliiU'  M|niills.  :il  ."»  nin  lllowing  Furious  (ialf  poot 
s<  liooncr  nniin-  l>iiliin(i>  iU'ot't  nuiin  s:iil  tl.  U>;  liar  L'iKlO.  II.  IL'; 
I'.iii'.  L'S.SO;  Noon  nioilnitinii  s»'t  .'»  K'rrft  siiijs  hciiiird  off  slioic  to 
iiiiikc  st'il  l{<K)ni  <»  V  M  Iio\r  l\V(»  iiiMlcr  .'!  K'n-I't  l-'orc  Siiil  Midni-ilit 
Strong  F»r(H'z«'s  tS:  K'liinc  s«|n;ills.     Lat.  t».v  I>l{.  I!».4(K     Loii.  in  IliS.jO.i 

S  Day  of  May,  ISST.  II.  1;  rouisrs.  S  I];  Winds,  S  S  F;  tliis  L'l 
li(»ars  Strong  lirrc/cs  ^:  Clcai*'  \  sipially  wiMtlici-  II.  L';  I5ar. -!).."»0. 
alt*  a  Ml  wore  Ship  to  l">ast\vai'tl  11.7;  Conises,  lOast.  Noon  Dito. 
Midnight  ("ahn.  I.at.  by  I).  K.  m.T).  Lat.  i»v  Ob.  [\):M.  Lou,  in 
llMP.  \'2.      Lon.  by  Ol).  12!>.1(>A. 

!>  Day  ot  May,  bSST.  II.  1;  Winds,  ('alms;  this  I't  hours  llrst  part 
biglit  airs  iV:  calms,  at  <»  a  m  poot  out  ISoats  Noon  Boats  came  on 
l»oard  Starboai'd  alter  lloat  -  Seals  Tlioiiias,  liunfer.  after  noon  frosh 
IJree/.es  IJoatsout  No  seals.  II.  1;  Winds,  Wt'st.  Midnight  Strong 
r.iee/.es.     II.  12;   Noon.     Lat.  by  I).  If.  t'.>.:;7.     hon.  in  iL'S.t. 

10  Day  of  May,  ISST.  II.  1;  Wiiuls.  N  W;  this  L'l  hours  lirst  part 
Strong  Ibt'ozes  ^:  s(pially.  Noon  Dito  at  <»  W  M.  \v«'nt  on  board 
schooner.     Midnight  ("alms.     Lat  by  D.  1{. '41>..>."».     Lon.  in  l2<S.0:i. 

From  San  Fiancist-o  towards  North  Hunting  \'  Fishing. 

11  Day  of  May,  1SS7.  H.  1;  Winds,  Calms;  this'Jl  hours  first  part 
Calm  c^  tine  w<'ather  at  (i  a  in  lioats  out  Hunting  .'>  masti'd  Schooner 
ill  Co  Thomas,  ;»ne  seal;  (leorge,  one  seal.  Il.*.>;  Winds,  south,  H.l; 
(P.M.)  Winds,  S  F.  Lai.  by  D.  If.  1'.>.;J7.     Lim.  in  lL'7.."i(>. 

IL'  Day  of  May,  ISS7.  H.  1;  AVinds,  llw^i;  this  L'l  hours  first  part 
modrate  llree/es  ^:  fine  weafhei'  IJoats  out  Hunting  from  Noon  No 
Seals  aft«'rnoon  one  seal  II.  .">;  Wiinls,  N.  I-].  II.  IL';  Noon;  Mid- 
night fine  weather.  Lat.  by  D.  K.  ltU!>.  Lat  bv  Ob.  VXVX  Urn.  in 
lL's.;;(j. 

i;{  Day  of  May,  1SS7.  II.  1;  Winds,  N  H;  this  L'l  hours  Hist  part 
modrate  l>ree/,es  vS:  fine  weath  lioats  out  hunting  Calm  fonri>  noon 
II.  (i;  Winds,  Calms,  afternoon  modrate  liree/es  Tow  lioats  came, 
on  board  H.  .i;  Winds,  NNE.  II.  1;  Winds.  N  N  F.  (J.-iO  IVM  one 
lioat  L'  seals  Ca|>tains  lioat  out  all  night.  Set  Masthead  light  & 
linrnt  torch  every  10  «»r  l.">  minutes.  Day  light  no  lio'at  in  site  Sent 
lioats  out  to  hunt  for  missing  lioat.  Lat.  by  01».  oO^.lO.  Lon.  by  Ob. 
iL'So.r*.-). 

11  Day  of  May,  1SS7.  II.  1;  Winds.  NNIO:  thisJl  hours  first  part 
modrate  Iire«'zes  tS:  line  weather.  I''>at  out  ail  knight  II.  o;  Winds, 
N  Vj.  r».;iO  a  m  lioats  (ait  hunting  foi-  iisi^sing  lioat  Noon  lioats  came 
on  board  No  lioat  in  site  Run  tor  lind  tos«'e  if  lioat  went  that  way 
11.  IL';  Noon;  Midnight,  Calm.    Lat.  by  ()i».  .V)  ^OL'.    Lon.  by  Ob.  lL'8.;3U. 

From  San  Francisco  towards  North  Hunting  &  Fishing. 

15  Day  of  May,  1.SS7.  H.  1 ;  Winds,  N.  W.  &  Calms;  first  part 
calms  &  fine  weather  Noon,  Dito.  II.  0;  Courses,  N  N  F.  II.. S; 
Courses,  N  N  F.  II.  L»  (F.  M.)  C(mrses,  N  N  F.  IL  1;  Courses,  N  N 
K;  at  1  P.  M.  Ilreeze  Fun  in  to  laml  found  lioat  .S:  men  all  wright  at 
0  P.  M.  came  on  board  stood  off  shore  H.  7;  Cmiises  S  W^.  11.0; 
Ct)ursu8,  W  S  W.  U.  12;  Noon.    Lat.  by  Ob.  50.28.    Lon.  by  Ob.  V2SMX 


:*     U 


11'.   ] 


I 


r: 

7f"     i 


W^'  ! 


W  4 


■M' 


536 


LOO    MOOKS    OF    Si:.\l,lN(i     \  KSHKLS. 


i'.\\-\ 


•'? 


16  Day  of  May,  1SS7.     II.   1;  Cmrsos,  \V  S  W;  \Viii<ls,  N  W;  Hhs 
L*4  hours  first  ])art  iiKulratc  Urcc/.cs  ^:  line  wcatlMT    Noon  Ires!;  Ilrcivc 
&  fojiv     Midiiiji'lit  Hlowiny  strong     jtoot  scliooner  iiiidcr  L'  licfl'l  lAtic 
sail  iS:  IhmI  Rcix-liiiiL''     Dill",  of  Kat.  H>.      Dcpurliiic,  8(1.     hat.  l»y  I)   |; 
.■>(».(>'.).     DifV.  of  Loll.  L'M4.     r.on.  ill  i;5(>''.17. 

17  Day  of  May,  1SS7.  11.  1;  Coiiis.'s,  W  S  W;  Wiiiils,  \  W;  this 
L*4  lionis  Hist  part  stroii>;'  (iaU's  vS:  <'l<»ii(ly  iu'adrciicliiiiiLi  iiii<I«m'  L*  \Ui'{'\ 
Foie  Sail.  Noon  Dito  Noon  Dito.  11.]:.';  Lrcwav  -  I'oiiits.  11.  l|- 
Noon.     Lat.  bv  D.  1{.  .".(>.  14.     Ditl"  of  l.oii.  i;?F..U.' 

IS  Day  of  .Slay.  1SS7.    II.  1 :   K.  2;  (\)iiis('s,  \V  S  W;  Winds,  N  W  ; 
Leeway .'{  points;  tliis  1*1  liours  liist  part  Stronji'  (liiIcsiS;  doiuly  licml 
ivachinji'  under  L'  Kceft  Imuv  Sail.     II.  L';   K.  L'.  II. ,?;    K.  i'.  II.  4;  K.  i' 
IL  o;    K.  2;  11.(1;   K.  1'.     11.7;   K.  1*.     11.8;   K.  L'.     II.UK.L'.     II.  Id- 
K.  2.   11.  11;   K.  2.     II.  12;   K.  2.  II.  1;   K.  1.     Midni-lit  Dito.     ('oiii.sc, 

5  51)  W.  Distance,  48.  Ditl.  of  Lai.  2(1.  Depart uir,  UK  Lat.  by  D.  IJ. 
41P.48.     Dirt.  <»f  Lon.  1^.(>;J.     Lon.  in  1323.37. 

From  San  Francisco  t<)\vards  North  Iluntinji'  «S:  Fishing". 

lODay  ofMay,  1887.     11.  1;  Courses,  VV  S  W;   Winds,  N  VV;   Leeway 
3  Points;  this  24  hours  tirst  jtart  Strong  Breeze  «S;  ('loiidy     hove  (m 
2  K«'eft  F(Me  Sail   Noon    Dto     Midiii-ht    Dito     11.12;  Noon.     (!ouisf. 
SoOW.     Distance,  48.     DitV.  of  Liit.  2(1.     Depaitiiri,  40.     Lat. by  I).  I{. 
49.22.     Ditf.  of  Lon.  1^<^2.     Lon.  in  i;?;5.;!!». 

20  Day  of  May,  1887.  11.  1;  Courses.  W  S  W;  Winds.  N  W;  tiiis 
24  Inuirs  tirst  part  ni(»drate  l>ree/es  v\:  cloudy  at  (i  a  in  set  all  jjlaine 
sails  &  tack  ship  to  Nortliard.  II.  7;  Courses.  N  W;  Winds.  W  S  W. 
Noon  Dito.  11.12;  W  N  W  Courses;  Wiiids,SW.  :Midiiijiht  Calm. 
Course,  N  37  W.  Distance  .)2.  Dilf.  of  Lat.  lit.  Dei»aitr,re  2(1.  Lat. 
bv  D.  H.  41P.41.     Ditl'.  of  Lon.  40.     Loii.  in  I.'M.IU. 

'21  Day  of  May,  1887.  11.1;  Courses.  W;  Winds.  South  ;  this2l  liours 
first  part  light  airs  ^:  calms  vS:  fogey.  Noon  strong  r>reezes  »!<:  cloud,\ 
11.  1;  Courses. W;  Winds,  South.  Midnight  Strong  l»i 'O/cs  »S:  Itaiii 
Squalls.  Cours«',  N  «;o  \V.  Distance  77.  Dilf.  of  Lat.  .'.O.  Departure 
(iO.     Lat.  by  I).  |{.  .■>0".20.     Dill,  of  Lon.  P.  I.'..     Lon.  in  13r.^.02. 

22  Day  of  May,  1887.  11.  1;  Courses,  W;  Winds.  South  ;  this  24  hours 
first  part  Strong  ISreezes  ^:  cloudy  vK:  Waiiie  Sipialls.  at  (1  a  t>i  wind 
haiild  to  Ncnt'.iard  tS;  niodrale  11.  7;  Courses  SN\'  l>y  W:  \'inds, 
N  W;  tack  slup  Southard.  Noon.  <'alms.  Midnight  Dito.  II.  12; 
Noon.  Course,  N  08  VV.  Distance  I.V».  Dilf.  of  Lat.  ."iS.  Departure 
144.     Lat.  by  D.  If.  r)P.38.     Dill',  of  Lon.  .">.!!>.     Lon.  in    13!».22. 

From  vSan  Francisco  towards  North  Hunting  tS:  Fishing. 

IT.  1;  (^lurses.  West;  Winds.  Northrly.  this  2  I  liunrs  tirst  part  calms 

6  tine  weather  Noon  Dito  11.  12;  Courses.  West;  Winds,  l).  Mid- 
night fresh  r.reezes  »S:  Cloinlw  II.  12-  Noo.<  Course,  N  «i8  VV.  Dis- 
tance 24.  Dili',  of  Lat.  0.  Departure  22.  Lat.  i»v  D.  IL  .■)73.47.  Lat. 
by  Ob.  51..'.1.     Ditr.  of  Lon.  28.     Lon.  in  l.SIKoO.     Lon.  by  Ob.  13!r.2l. 

'24  Day  of  May,  18,S7.  II.  1;  ('(.iirses.  VNest;  Winds,  Hast;  this  21 
hours  Strong  llre<'zes  iS:  cloudy  «S:  L'aiiie  Stpialls  II.(»;  Courses,  VV  l»y 
S;  at  (»  a  III  l»lowing  liard  Ivcelt  Maine  i^  l''ore  Sails.  Noon  lllowing 
Gale  and  high  sea  liar.  2!>.20  Midiiinlit  modrate  <S:  Haiiie  Course, 
N  75  VV.  Distance  113.  Dill,  of  Lat.  20.  Departure  I0!».  Lat.  by  D. 
li..".2.20.  Dill,  of  Lon.  2  ..■»7.  Lon.  in  I  12  .21. 
2.J  Day(.f  Mav,  1887.     II.  I;  Courses,  W.LN;   Winds,   S  K;  this  24 


LOG    HOOKS    OF    SKALfNG    VKSSKLS, 


537 


lioiiis  first  part  lij^lit  iiiiiV  ciilins  at  in  in  set  nil  sails.  II.  .S;  Winds, 
S  \V.  No(»n  niodrat*'  llrcczes  vS;  clcaic  weather  II.  1  (IMM.)  Conises, 
VV  by  N.     at  4  P.M.  Keett    Fure  and  .Maiiu'  Siiils.     Midnij-iit  Stnni;; 

r.ivezes  and  (Mondy.     H.  IL';  N< (Ionise,  N  (»S  W.     Distance  1 1.). 

Diir.  of  l>at.  n.  hepaitnic  104.  Lat.  l>y  I).  I{.  ."i.J.OI.  Lat.  I»v  Ob. 
:.;;.;!(>.     Dili".  <>r  Lon.  L' ".!!>.     l/m.  m  lir».!(l.     Lon.  i»y  Ob.  1  I.'P.OT". 

L'(»  Day  of  May,  ISST.  II.  1;  Conrses,  W  l»y  N;  Winds,  Sontli;  this 
L'4  hours  first  part  Stroiij;'  llree/es  i\:  ('loiidy  at  0  a  in  niodrate  set  all 
snils.  II.  S;  Winds,  SI'i.  11.10;  Winds,  Kast.  Noon,  Stronn  IJree/.es 
iS:  Cleare  Weather.  Midiiijiht  l»lo\viii}i' Stron>;'.  Il.lli;  Noon,  roiirso 
N  r.T  W.  Distance  1."),;.  Ditt.  of  hat.  s;;.  Departure  l^L'-S.  Lat.  by 
1),  K.  .Tio..-)!.  Lat.  by  Ob.  .m  \00.  Dill,  of  Lon.  ;jo.o8.  I.ou.  in  148.4o. 
Lon.  by  Obs.  1  IT.."*?. 

From  San  Francisco  towards  North  Iliiuting  &  Fishing. 

27  Day  of  IMay,  ISST.  this  21  horns  lirst  part  Strong  Breezes  &  line 
weathr.  at  0  a  in  lllowing  dale  took  in  mainsail  and  Two  K eel t  Fore 
Sail  at  S  a  m  made  land  Island  of  Kadiack  Noou  light  Drifted  twords 
Trintty  Island  at  8  I'.M.  anchord  ('alms. 

2S  Day  of  May,  1SS7.  this  24  hours  lirst  part  Oalui  at  4  a  m  Got 
niidcr  way     Noon  ('alms     Midnight  Dito 

2!)  Day  of  May,  1SS7.  this  21  bonis  lirst  part  t!alms  ^\:  light  naflling 
winds     Noon  Dito     at  S  a  m  anchord  iV  Kiyayack  Day  »S:  hid  water 

.{0  Day  of  May,  ISST.  II.  1 ;  \Ninds,  S  W;"th'is  24  hoiirs  lirst  part  calm 
•.^  line  weathr  at  0  a  ni  got  under  way  tS:  proceeded  to  sea  II.  10; 
Winds,  S  E.  at  ;{  P.M.  cleare  of  Land  Midnight  Calms  &  line 
weathr. 

From  San  I^'rancisci;  towards  Noith  Huntini''  »S:  Fishiny;. 


|i 


'M-^r 


lU  Day  of  ;\lay,  18S7.     11.  1;  W^inds,  East,     this  24  hours  lirst  part 
modrate  l>re<'zi'  tS:   line  weathr     at   7  a  m  Itoats  out  hunting    0  a  n 
fresli  BreezestS;  fog  Boats  comeon  l)oai<l     Noon  Dito     Midnight  I'dov. 
iiig  hard  «S:  liainy 

1  Da\  of  .liuie.  1SS7.  11.  1;  Winds,  Fast;  this  24  Ikmiis  lirst  ])art 
mowing  hard  vK:  llains  Noon  Dito  II.  12:  4  P.M.  ( ionise  N.  ()7  F. 
Di>^(.(nce  .T*.  Dill,  of  Lat.  10.  Departure  ;;2.  Lat.  by  D.  If.  r)7o.lo. 
DilV.  of  Lon.  .".!>.     Lon.  in  l.')20.17. 

2  Day  of -lune.  issT.  11.  1:  Winds.  N  I-];  this  24  hours  lirst  part 
Strong  Breezes  tS:  (.Jloudy  t!v:  iieaxey  sea  Noon  Dit  Midnight  Dit 
Course  South.  Distan-e  ;>(f.  Dili',  of  Lat.  Mi.  Lat.  by  1).  1{.  .■)(;.37. 
Lon.  in  ir»2o.l7. 

■5  Day  of  May  (.Nine).  1SS7.  11.  1;  >Vinds,  N  F;  this  21  hours  lirst 
pari  strong  liicezes  iS:  cloudy  iS:  high  sea  Noon  Dito  Midnight  Mini- 
rate  II.  12;  Noon.  < 'oiir>e',  N  4:»  VV.  Distance  22.  Dili',  of  Lat.  1."). 
Departure  l.'>.  Lat.  by  D.  It.  .■i()^..,2.  Lai.  by  Ob.  .'lO  .l.i.  Ditl".  of 
Lon.  2S.     Lon.  in  i."»2.45. 


Mi 


From  San  Francisco  towards  North  Hunting  iS:  Fishing. 

4  Day  of  .Iiine.  1SS7.  M.  1;  Winds,  S  lO;  this  21  hours  lirst  part 
Uainey  «S:  fresh  Breezes  Noon  Dit.  Midnigiil  Dito  Lat.  by  1).  It, 
Mi^Aii.     Lon.  in  lo.J  .(»0. 

5  Day  of  June,  18S7.     II.  I;   Wind.s,  S  F;    this  21   hours  first  part 

118 


'  J 


r)3s 


Ln(i    HOOKS    or    SKAMNC    VKSSKLS. 


I  ... 


it 


4|: 


,  :>  ■  I  • 


'-■<!■ 


a       'I 


W 


line  wt-afluM' and  siiiootli  sea     I'.oats  out  llnntinjif  Pos(    IJoat  ont' sc.il 
II.  1»  (I'.M.)  NcM.n.     Lat  l».v  Ob.  .".(J.or..     I...n.  by  (H>.  ir>;;,(K>. 

('}   Ihxy  of  .hinc,  1SS7.     II.   1;  Winds,  SW:  tliis  I'l  lnnns  first  jmit 
niodr.atc   Ilroczf  «S:   line  wcatlicr     Hoats  ont   Iluntinji'  Captains  Itoat 
Two    Seals      Midnight    Modiatc.      Kat.   by   <M).    ."ifi.IS.     \a)\\.  by  Ol, 
ir>l'^..V.. 

7  Day  of  rhino,  ISST.  II.  1;  Winds.  S  W;  tliis  L'J  horns  first  i»art 
modrato  P.rci'/os  ^:  finr  wrather  lloats  ont  !»  a  ni  Sfrrtnji'  r.rtMv.rs 
»&   sharp   sea   toolc  in  IJoats     Li*t.  by  Ob.  .■)(!..'!(».     Lon.  l)y  Ob.  lijL'.o7. 

From  San  Francisco  towards  Xorth  Ilnntiny;  &  Fishing. 

S  Day  of  .Inne,  1SS7.  II.  1;  Winds,  S  W;  this  L'l  honrs  first  part, 
tine  weather  tS:  sino(tth  sea.  Noon  Dito  ISoats  ont  llnnting  NO 
Seals     Midniglit  fojigcy     I^ut.  by  Ob.  ."id  .(>•.».     Lon.  by  Ob.  l.""*;'.  .;!7. 

t)  Day  of  ,Inne,  1SS7.  II.  I;  NVinds,  S  W;  this  I'l  honrs  tiist  part 
fogey  Xoon  Dito  after  noon  cleard  Boats  unt  fog  set  in  Boats  came, 
in     Midiught  fog     Lat.  by  1).  i{.  .m.-IO.     Lon.  in  ir»;r'.l(>. 

10  Dav  of  .Ini'O,  1SS7.  11.  1;  Winds  S  W:  tiiis  L'l  honrs  first  part 
Clondy '&  fo:,ey  Noon  Dit  II.  .{  (P.M.)  Winds  S(.nth.  Miibiight 
cleare  &  tire  weather  passed  Senied  Ishinds  at  11  T.  31.  Lat.  l»y 
Ob.  5.V»().     Lon.  ir»t '..!(►. 

11  Dayof.lnne.  1SS7.  II.  1;  Winds,  Sonth:  tin's  L'4  hovirs  first  part 
light  airs  «!v:  fine  weatlir  lioatli  ontlinnting  II.  11;  Winds,  lOast.  Mid- 
night St  r<»ng  IJri'c/.es  &  liaineing  11.  iL';  Noon.  Lat.  by  Ob.  55 '..)(». 
Lon.  by  Ob.  15«»^. 55. 

From  San  Francisco  towards  North  limiting  &  Fishing. 

12  Day  of  Jnne,  1SS7.  II.  1:  Winds,  N  K:  tins  L'l  lionrs  first  \r.\v\ 
Strong  Ilrec/es  ^S:  Raineiiig  at  <»  a  in  Made  Slu'iiinagin  Islands  at  7  a  in 
anchori'il  in  IJeiid  »»f  ;igia  tliick  vS:  Ifaiiieing  vK:  Blowing  (iaie  Midnigiit 
weather  Dit(». 

l.{  Day  of  .luiie,  18S7.  II.  1:  Winds,  East:  tliis  1*4  hours  first  part 
Strong  IJree/es  vS:  tbgey  Xooii  Cleard  got  under  way  iS:  proceeded  foi' 
onger  wiml  light     >iidiiight  Dito 

14  Day  of  .iniie,  ISST.  H.  l;  Winds,  N  W;  this  L'4  liuiirs  first  jtart 
light  airs  «S:  ealins  II.  S;  Winds.  Ninth,  at  1  W  M.  (Captain  went 
onshore  at  onger  .'!  V  M  Started  Ibi  Coal  harbor  on  N  W  Side  of 
Island     Midnight  Calms 

15  Day  of  .Inne,  18S7.  II.  1 :  Winds,  Ncnth;  this  L'4  honrs  Calms  & 
light  N  VV  winds     at  3  1'.  M.  anchord  in  Coals  iiaibi-  toed;  in  coals. 

'.  Day  <d'  Jnne,  18S7,  II.  1;  Winds.  Ninth,  this  L'4  honrs  first  part 
<Jat';"  «S:  line  weather  at  L'  a  in  Cu\t  nndei  way  vS:  pioci'cded  t«)  go  to 
Sai!:ick     Midnight  modrat<'  Breezes 

„•  Day  of  June,  18<S7.  II.  1;  Winds,  Calms  &  N<Mtherly  wiiuls:  this 
24  hours  first  part  calms  vS;  line  weather  at  Noon  calms  poot  Boats  out 
liuuting 


From  San  Francisco  towards  North  llnnting. 


i 


18  Day  of  June,  1887.     II.  1 ;  Winds,  N  W;  this  L'4  )■ 


Mil  S 


first  i)art 


light  airs  Calms     B.oats  out  hnniing     Bird  Island  I'.aring  S  W 

10  Day  of  Jnne.  ISS7.     11.  I;   Winds.  N  W;  tiiis  L'4  honrs  first  part 
modrute  lireezes  &   line  weather     Boats   out  hnuling    Bird   Islami 


v«*-#i.'J»Jt'--M|frr 


w 


LOG    r.OOKS    OF    SKALIXG    VESSELS. 


531) 


riiiicingNW  10  miles  Dis  at  4  P.M.  Boats  in  llun  for  IFalcsboat 
Jslnnd 

liO  DayotMiinr,  1SS7.  H.  1;  Winds,  N  W;  Courses,  S  W  by  W; 
this  L'4  hours  lirst  part  fresh  I5ree/es  cS:  IIim'  weatlir.  at  8  a  in  nnido 
lliileboat  Ishnid  U)  a  ni  hove  Two  at  t  PM  Set  Sail  &  Ran  lor  Onni- 
iiiaik  ishind  to  lill  water  II.  12;  Noon.  Lat  by  Ob.  540.05.  Lon.  by 
01).  KL'^.L'd. 

lM  Day  of  .lune,  1SS7.  11.  1;  Winds,  West:  this  24  liours  first  part 
Stionu  Ib'eezes  I's:  line  weatlir  Noon  Dito  Tack  ship  to  Noithard 
Midniuht  inodrate  11.  12;  Noon.  Lat.  by  Ob.  5;Jo.l4.  Lon.  by  Ob. 
l(i3o.r»7. 

From  San  Francisco  towards  North  Hunting  &  Fishing. 

22  Day  of  .lune,  1SS7.  II.  1;  Winds,  S  E;  this  24  hours  first  part 
fresh  IJiee/es  ^:  line  wealhr  at  12  M  anchord  at  Cape  Lntke  fore  water 
111(1  water     Midiiij;lit  Calms 

2.)  Day  of  . In  lie,  1SS7.  This  21  bonis  first  jiart  liyht  airs  &  c.abns 
iit  .'{  a  111  ii'ot  niider  way  «S:  proe»'e<h'd  twords  pass  Noon  half  way 
tliioiijiii  the  pass     Midnijilit  Calms 

24  Day  of  June.  1S,S7.  II.  1;  Winds,  East:  this  24  hours  first  part 
fresh  r>ree/.es  tlv:  fine  weather  Noon  Dito  Mic'.iiiiiht  Dito  hat.  by  Ol). 
T)!  '.;;;5.     Lon.  by  Ob.  ]{H\^.M). 

2.~»  Day  of  .lime,  1SS7.  II.  1 ;  Winds,  North:  this  24  hours  first  i>art 
Stroiiii  r.reezes  iK:  Cloiidv  Noon  Dito  IMidiiijiht  Modrate  &  fi>gey 
II.;;  (P.M.)  Winds,  N  N  W.     Lat.  by  D.  I{.  .TLK;!     Lon.  in  1(J7.0!>. 

"rom  San  Franeiseo  towards  North  Hunting'  &  Fishing. 

2(»  Day  of  .lune,  lo,S7. 

1 1. 1 :  Winils,  N  N  W  ;  this  21  h-airs  first  part  inodrate  Broo/es  »X:  fogey 
Noon  Dito  hove  two  Mislnijiht  Calms  Lat.  bv  D.  R.  54.00.  Lon.  in 
107.20.     Lon.  by  Ob.  1(»7^20. 

27  Day  of  .Inne,  18S7.  II.  1;  Winds,  Northerly  ^S:  Calms;  this  24 
hours  first  i)ait  Calms  iS:  fouev  Noon  Dito  .Midnight  Dito  Lat.  by 
I).  If.  r.O.(>s.     Lon.  in  I07..'{0. 

25  Day  <)f.Iiine,  ISS7.  this  21  hours  first  i)art  liiiht  airs  tS:  calms 
Noon  Dito  lloglsoy  Hares  W  Dis  S  Miles  at  I  I'  M  eano  iS:  2  Indians 
Caiiie  on  board  lost  schooner  Anna  IJeck     Mi<l night  fogey 

21)  Dav  of  June,  1SS7.  this  21  hours  first  part  I'ogev  »S:  Calm  Noon 
Dito  2'P.  M.  Run  for  Onmank  Island  l!oglesh)y  Uareing  W  N  W 
Dis  .'{  miles     12  midnight  hove  two 

From  San  Francisco  towards  North  Ilnnting  &  l"'ishing. 

80  Day  of  .Inne,  I.SS7.  this  24  hours  first  part  Strong  Bii'ezes  & 
cioiidy  Noon  Dito  Vidians  on  board  yet  ]\Iidniglit  Calms  Lat.  by 
D.  I{.  r).'!.!.-).     Lon.  in  100.00. 

1  Day  of  .Inly,  1SS7.  II.  1:  Winds,  N  W;  this  24  hours  lirst  part 
light  airs  tS:  cloiidv  Indians  onbortl  Noon  Dito  Midnight  Dito  Lat. 
I»y  D.  R.  5;{\25.     Lon.  in  I0;>.20. 

2  Day  of  .Inly,  ISS7.  II.  1;  Winds,  West;  this  24  lionrs  first  i»art 
Calm  vS:  <-loinIy  Imliaiis  left  and  went  onbord  W.  I*.  Say  wood  of  Vic- 
toria Midnight  fresh  bree/es  »S:  clou<ly. 

3  Day  of  July,  1887.     U.  I;  V\  inds,  S  W;   this  24  hours  first  part 


"I 

I 
I 
? 


4      ;!| 
4 


540 


T.OfJ    I'.OOKS    or    Sr.AI.lXG    VKSiSKLS. 


DM' 

I;. 


•''sH-ii'''^'-' 


\  s 


!        I 


ma  < 


Stroiio-  r.roozos  Cloudv     Noon   Dito     ^ridiii^^lit    Dito  T.at.  bv  D.  II. 
,")3^..".0.     Lon.  ill  l«ir».l(».' 

•t  Piiy  of  July,   1SS7.     II.  1;  Winds.  >.'  W;  this  L»l  lioiiis  Stimio 

Urce/.o  «S:  <'londv  »S:  lijilit  I'ains    Nt»oii  Dito     Midiiiylit  Dito     liiit.  by 

]).  \t.  ."a.i:..    i/on.  in  \(mn^. 

5  Day  of  .Inly,  1SS7.  II.  1:  Winds.  Wost;  this  24  hours  Inst  i)iiit 
Stronji'  (laics  tS:  Haiiu'in.u'  lu'avy  sea  inakiiij;'  Noon  Dito  Midiiijilit 
ino4lrating     Lat.  by  Ob.  ."•I'^.ori.     Lou.  in  1(!S'.4.'>. 

From  San  Francisco  towards  N<nth  Tlnnting  «S:  Fishing. 

G  Day  of  July,  1SS7.  II.  1;  Winds.  S  W;  this  24  honrs  liist  part 
hcavov  soa  t!v:  fioslr  lircczcs  vV:  toocv  Noon  Dito  Midnight  Dito  Lat. 
by  D.  H.  ."r.r)<;.     Loii.  in  ir»S.(MI. 

'7  Day  of  July,  KSS7.  11.  I ;  Winds,  S  K  &  Calms;  this  24  hours  lirsi 
part  litiht  airs  vS:  <-alins  vV:  ♦^hick  fog  Noon  Do  Midnight  Do  Lat.  by 
Ob.  ."it'o.Ol       Loll,  in  1<»7"^  4."i. 

S  Day  of  July,  l.s87.  II.  1:  Winds,  S  E;  this  24  hours  first  part 
Strong  Gales  ^:  I'aiiiciiig  Noon  Do  Midnight  Do.  Lat  by  I).  1{. 
.*);}..■•»(>.     Loii.in  1('»7"'.4(>. 

9  Day  July.  1SS7.  H.  1;  Winds.  S  S  I'^;  this  24  hours  lir.^t  part 
Strong  (ialos  iV:  hcavcv  sc  »  \:  Kaincmg  &  fogey  Noon  Do  Midniulit 
J)o     H.  2  (V.  M.)  Winds,  :    :     !•      Lat.  by  Ob.'r.LOd.     Lou.  in  1(17  '.20. 

10  Day  of  July.  18S7.  li  iiids.  South;  this  24  Inaiis  lirst  ]>arl 
Strong  BrcM'/cs  »S:  fogs  Nooii  ><»  Midnight  Do  Lat.  bv  Ob.  ."»4.(l(». 
Lon.  in  KJS.oo. 

11  Day  of  July,  1S.S7.  II.  1 ;  Winds.  S  S  W;  this  24  hours  tlrst  i)art 
Strong  hroexesiV  fogs  Noon  Do  Midnight  Do  Lat.  by  D.ll.  54^.2<,>. 
Lon.  in  1(17,40. 

From  San  Francisco  towards  North  Hunting. 


I 


(.  (. 


12  Day  of  July.  1S,S7.  II.  1 :  Winds,  West;  this  24  hours  first  part 
light  airs  &  fogey  Noon  Do  .Midnight  Do  Lat.  by  D.  H.  51.01.  Lon. 
in  l(iS.O(i. 

i;{  Day  of  July,  1SS7.  II.  1 ;  Winds,  S  W;  this  24  hours  first  part 
Strong  Bree/e  \-  log  N.)oi:  Do  Midnight  Do  Lat.  by  I).  H.  04.20. 
Lon.  in  l(i8'^.l.">. 

14  Day  of  July,  1887.  IT.  1 ;  Winds,  S  S  W;  this  24  honrs  first  part 
Strong  (iaies  \-  high  Sea  Noon  Dito  Midnight  Dito  Lat.  byD.  K. 
o4.24.     Lon.in  1(»8.10. 

l.")  Day  of  July.  1S87.  H.  1 ;  Winds,  South;  this  24  hours  first  part 
Strong  Oales  vV:  heavev  Sea  Noon  Dito  Midnight  Do  Lat.  byl).  IJ. 
54'J.08.     Lon.  KW^.'JO. ' 


'  z  1 
T  •;  ! 


From  San  Francisco  towards  North  Hunting. 

10  Day  of  July,  1887.  U,  1 ;  Winds,  South;  this  24  hours  first  part 
heavey  dales  ^S:  Raineing  vS:  fog  at  6  a  m  IJun  in  too  Morovosk(>y  l»ay 
to  fill  water     aiichord  at  2  .'$(►  p  in     Midnight  dale  I>lowiiig  Still. 

17  Day  of  July.  1887.  II.  1;  Winds,  N  W;  this  24  hours  first  part 
<'leard  »S:  Calms  at  ."»  a  m  (Jot  under  wav<S:  proceeded  out  to  sea  Noon 
fogey  &  light  wiials.  .Midnight  Calm's  &  fog.  Lat.  by  I).  K.  53.;{8. 
Lon.  in  100.2.'>. 

18  Day  of  July,  1887.     this  24  Inairs  first  part  Calms  v^  fog  Noon  Do. 

19  day  of  July,  1887.     II.  1;  Winds,  S  E;  this  24  honrs  first  part 


HB 


LOr.    HOOKS    OF    SKA  UNO    VKSSELS. 


T)41 


Stronfj  (Inlos  «S:  lusivoy  Sen.  Noon  Difco  Midnight  Do  L.tt.  by  I).  U. 
.71.07.     Lon.  in  H»n..">(>. 

liOdiiy  of -Inly,  1SS7.  TI.  1;  Winds,  S.  E;  this  24  hours  tir.st  part 
Stionj;  lircezos  &  h«'iiv<'v  Sea  ^:  fogov  Noon  Dito  H.  10;  Winds, 
Soutli.     Midniglit,  Do.     Lat.  bv  D.  14.  ."i^.OS.     Lon.  in  l<l(P,*i(). 

lM  Dav  of  .lulv,  1S,S7.  II.  1 :  Winds,  S  W;  Modratc  Wwoav  &  fog«*y 
with  liciivev  Sea  Noon  Calm  Midnight  Do.  Lat.  by  Ob.  540.04.  Diff. 
of  Lon.  m-:2'x 

From  San  Francis«!o  towards  North  TTunting. 

22  DavofJnlv,  18H7.  this  24  hours  first  i)art  Calms  &  Fog  Noon 
Dito     >iidniglit  Do.     Lat.  by  D.  R.  'A'^.U).     Lon.  in  1<)G.40. 

2.'>  Dav  (►f.lulv.  ISST.  this  24  liouis  first  pait  calms  »S:  fog  Noon  Do. 
.Midiiiglit  Do.     Lat.  l»y  I).  K.  .■i4^22.     Lon.  in  100.0<K 

24  Dav  of  .Inlv,  1SS7.  this  24  lionrs  first  part  Calms  »S:  fogoy  Noou 
Do     Midnight  Do.     Lat.  bv  D.  K*.  "»4^.0<».     Lon.  in  lOfUiO. 

2.'i  Davof  .Tulv,  1SS7.  II.  1;  VViiuls,  S  K;  tliis  24  hours  first  part 
light  air  ^:  fog  Noon  Do.  Midnight  Do.  Lat.  by  D.  H.  54.00.  Ditf. 
of  Lon.  100.40. 

20  Day  of  July,  1S87.  II.  1 ;  Winds,  S  E;  this  24  honrs  fresh  Bwom^ 
vS:  fog»'v  <S:  Rains.  Ni^on  Do  S«'t  sail  vS:  Shifted  (liounds  to  N  \V 
Midnight  Strong  winds  cS:  fog  at  10  hours  P  M  hove  Tow  Lat.  by  1). 
1{.  r);i.50.     Lon.  in  l(J7o.OO. 

27  Day  of  July.  1S87.  II.  1;  Winds,  South;  this  24  hours  first  part 
Strong  winds  &  fogs  Noon  I)o  Midnight  Do.  Lat.  by  D.li.  55.30. 
Lon.  in  10.So.15. 

From  San  Francisco  towards  North  Huntiug. 

25  Day  of  July,  IHS7.  IL.  1;  Winds,  SW;  this  24  hours  first  part 
Strong  lbc('7.es  &  fogs  i<:  Kain  Xocm  No  seals  in  site  ('hangcGrouiuls 
to  Southard  Midnight  fog  «S:  Kain  Lat.  by  D.  K.  54o..'J0.  Lou.  in 
1'17.50. 

2!>  Day  of  July,  1SS7.  II.  1;  Winds,  SW;  this  24  hours  first  part 
Strong  Ib'ee/es  «.^  log  ^:  liaine  at  0  a  m  hove  tow  seals  in  site  Noon 
Do.     Midniglit  Do.     Lat.  bv  D.  H.  5P.10.     Lon.  in  107O.20. 

;50  Day  of  July,  1SS7.  11.  1;  Wimls,  SW;  this  24  hours  first  part 
Modrate  l»r«'ezes  «S:  fog  ^:  lieavev  Sea  Noon  l)o  Midnight  Do  Wore 
siiip  Everv  Tow  lioures     Lat.  bv  D.  U.  54o.L>.     Lon.  in  107°.  10. 

;{1  Day"  of  July,  1887.  II.  1;'  Winds,  SW;  this  24  hours  first  part 
niodrate  IJreezes  »S:  fogs    Noon  Do     Moats  out  Hunting. 

From  San  Francisco  towards  North  Hunting. 

1  Day  of  August,  1887.  11.  1;  Winds,  S  E;  this  24  hours  fresh 
lireezi's  iS:  tbg^S:  Hains  Noon  Do  Midnight  Do.  Lat.  by  D.  R.  54.27. 
bon.  in  10(».2O. 

2  Day  of  August,  1887.  H.  I;  Winds,  South;  this  24  hours  first  part 
Strong  Breezes  »S:  fog  &  Hains  H.  4;  Winds,  S  W.  11.  7;  Winds, 
West.     NiMMi  Do.    Midnight  Do.    Lat  by  D.  11.  .■)4o.28.    L<m.  in  100.25. 

;U)ay  of  August,  1887.  II.  1;  Winds,  West;  this  24  hours  Strong 
Breezes  &  Cloudy  Noon  Do  afternoon  Schooner  Mountain  Chief 
Spoke  tis.  345  skins  onbord  iMid.iight  Calm  &  liuins  Lat.  by  D.  It. 
540.30.    Lon.  in  106O.3U. 


jh: 


;s'!'^ 


..<•'■ 


i 


;,-i<.  ..^',1,  11 , 


:^D*''*j:'' 


im 


542 


LOG    BOOKS   OF   SEAIJNG    VKSSKLS. 


4Djiyof  Auon«t,1.,s7.  this  24  h.mra  li-ht  airs  &  calms  &  R-u,,,. 
N<H,n  In  attor  Xoon  St,v..ff  Breeze  &  liai.,s  Midnight  (Jle .  e  i 
btrong  Breeze    Lat.  by  I).  R.  540.40    Lon.  in  IGOo.l'O. 

From  San  Franeiseo  towards  North  Huntin^'. 


5  Day  of  August,  1S,S<.     II.  [;  Winds,  E  S  10;  this  24  li.n.rs  first  n„t 
Stmng  I  .cozes  \-  Kaine    Xoon  Ch'ard  of    II.  2  (P.  M.)  W  mis  »    w 
Lat.  by  !).  K.  540.47.     Lon.  in  l(><;o..-)(>.  ^  •;    wnuis,  J5.   yy. 

No.  2.— Washington,  D.  C.  July  28,  1H92. 

L.  G.   SlIEPARD, 

Captain  Ee venue  Marine. 


Captain's 

B„.il 

■  .Tun 

e»Uli,  1887. 

3  Seala 

Post  Boat 

AJ, 

Kig<-M 

.  Marrli  :{l.st, 
April  1, 
Ai.ril  21, 
May  11, 

Juue  0, 
6, 

1887,    3      " 

1       " 
"        J       « 

«         X       " 

1  " 

2  " 

1      " 

May  flth,  1887, 
11,      " 

^7 

2  Seals. 
1       •» 

Bauiu  Sea, 

1ml 

iaii.s, 

June  28, 
July  1, 

10      '« 
2      " 

Slot 

e  Lht 

,  Schooiiei'  Anna. 

March  l^Oth,  ( 

>pen(l 

one  Barrel  Beef  «&  Pork 

April  3id, 

2  8 

n'k  Flour, 

«, 

1 

.*          u     ' 

13, 

1 

U              (< 

'^l, 

1 

ti         <l 

«      -♦'' 

1 

<<         << 

May     2, 

1  K 

arrel  Beef. 

2 

1  .Sack  Flour. 

7; 

1 

ti        <i 

n, 

1 

<<          u 

15, 

1 

<l         (( 

20, 

1 

11         11 

23, 

1 

1  B 
1 

U                (t 

urel  Beef 
"      Pork 

HI' 

i 

"      Butter. 

<( 

1  Sack  Flour. 

2  June, 

1 

ft                it 

7    " 

1 

12    " 

1 

17    " 

1 

24    " 

1 

27    " 

1 

28    " 

Barr'l  Beef 

29    " 

Barr'l  Pork 

if. 


im 


r 


■fi 


i^ii"' 


1^: 


,W'  ■  i-  \ 


S 


h^  1  ^ 


■#,  if. 


r. 


LOG   BOOKS   OF    SEALING    VESSELS. 


LOG  OF  SCHOONER  ALFRED  ADAMS. 


543 


Schooner  Alfred  Afianis,  log  book  from  Victoria  ami  Patchlno,  1887,  to 
the  Healing  groundn  cia  Claycout,  1887, 


I 


say  3  qt»  p  mail  pr  day 


21)980(4 


Water  in  Stureruoiu  aft  Tank 


500 


Water  in  fore  Hold  pr  Blls 

28 
35 

Cask 

Do 

2=25 

120 

100 

50 

siwasbes  Galls  Each 

6)    770 

Gallons 

140 
84 

128 

-  2  days 

two  Iron  Drum  Casks 


980 
150 


2»))  1130(43  days 
104 


1130 


90  for  all 

78 

12 


July  lOth  Behrinfj  Sea  Conimt^iu-od 

giving  ('oi)k  allowaucti  water 
from  Aft  Hold. 


Galls        qts 


VI 

Gall 

qts 

Jul.vSlO 

5 

August  9 

Tucs 

Mil  till  to 

morrow  Bkpt 

4 

2 

10  W 

T  12 

5 

0 

11  T 

W  13 

5 

12  F 

T  14 

5 

13  S 

V  15 

5 

II 

14  Sun 

S   16 

5 

15  M 

S   17 

5 

16  T 

finisMlS    1  Cask  45  Gall 

5 

17  W 

lidTlO 

5 

18  T 

\V  '20 

5 

19  F 

T  21 

5 

20  S 

F  22 

5 

21  Sun 

S  23 

5 

22  M 

S  24 

5 

23  T 

M  25 

5 

24  W 

T  26 

5 

25  T 

W  27  Commenced  to  use 

5 

26  F 

from  Big 

Cask 

F  28 

5 

27  S 

F  29 

5 

28  Sun 

S   30 

5 

29  M 

S  31 

6 

30  T 

August  1 

5 

31  W 

T    2 

5 

1  Sept. 

W   3 

5 

2  F 

T    4 

3  S 

F    6 

4  S 

S     6 

5  M 

S     7 

6  T 

M    8 

7  VV 

4  Cans  1  Meal 

1  small  lard  cs 

in  3  11 

)8  or  3  Pints 

^^ 

12 

cans       = 

36  Pts  7  Men  allowed 

■^ 


- 

'- 

r 

1 

y 

> 

J 

? 

1 

i 

y.« 

i 

1 

i 

1 

t 

~* 

? 

nr^ 


as»««.-.ai.  .g«(^'-.=-S 


^??M 


;t  I 


n 


544 


Hours.     K.    F. 


L0(}    IKM>KS    OF    SKAMNG    VK.SSi:r,S. 

Tiuxduy  UMi  Civil  Tim.' 
Nniilical  Wi'dm^sday  15th  Jiiiui  /HI 


Coiufti'i. 


Winds. 


LfoW 


Uuiiiurks. 


'IS 


1 

1 

iif 

t 

1,  I 

} 

r  1 


1 

o 

3 
4 

5 
6 

7 
8 
9 

10 

11 

12 

1 

2 

3 

4 

(i 

(i 

7 

8 

9 

10 

11 

12 


Lat 


1  r  M  Clfiiifd  St  Miin  H.nliiiiir 

2  "     stood  ill  III  Nt'iili  Kay  to  laii>; 
Doc  to  Ki'l  His  clotlias  Hilt  I'aili-d 
to  rrtiini  in  <  utim 

l)i>rn  <"iiiii>i  A  man  laiiio  ou  Lioard 
iu  the  Straits 


TalooBt  Lt 


2 

2 
2 

lying  too 

2 
2 


NNE 


W  by  S 


Long 


Calm 


Calm 
E  S  K 

thick 
rain 


Mdnt  Cape  Flattery 
S.  (S.  E. 


5  A  M  Cliii.C  Chailry 

went  to  Nitnatt  to  got 

aiiotlicr  man 

♦)  A  M  liLiht  air 

tood  into  Nitnatt 

to  jiitk  lip  Canoos 

l(t  A  M  Came  alongside 

Sf|iiarfd  away  lor 

Cajic  itealf 

Moon  to  day  tliirk 

Ivain  and  nasty  sea. 


Nautical — Thursday  KUli  .Iiine  /87. 


Hours. 

K. 

F. 

Courses. 

Winds 

LW                       Hemar 

ks. 

1 

1 

4 

\\  l.T  N 

Kstcrl 

ie 

Nasty  Sea  tliiik 

2 

i 

W  l.v  N 

a 

K'ain  iinshippi'd 

3 

i 

West 

u 

Davits  A  (iot  Moat 

4 

>\-  by  S 

Calm 

on  ISoai'd  ('anie  to 

5 

anclioi  in  L'O  Itlim  with 

6 

Scarsely  steering 

Kedge  Sea  Heaving 

in 

7 
8 
9 

shore 

4 

9  I'M  a  Miee/e  iVoin 

west 

10 

3 

SSW 

West 

Hove  lip  and  made  sail 

11 

3 

Vide 

Nastv  Sea 

12 

3 

didn't  Cape  Ileal 

1 

3 

SW  ])y  S 

West 

N  l.v  W  IL'  Miles 

2 

3 

1)1)1.'  K'.Mdd  Musi 

3 

3 

fresh  clear 

4 

3 

Vble 

4  I'M  Do 

5 

3 

SSW 

(> 

2 

4 

7 

2 

4 

8 

3 

8  AM  Do  Weather 

9 

2 

4 

NNW 

Hove 

ship  to  N  W 

10 

2 

4 

10-30  AM  Made  sail 

11 

4 

12 

4 

Lat 

L 

Dng 

Course 

dist 

N.             R. 

E 

W    Cape  IJeal  4«     W 

125' 

13i' 

S5  W 
S4  W 

North 

12 

6-9 

10-0 

•Mi 

41 

23 
13 

16-3 

1  o 

r\ 

16-3 

49  -21      ~ 

~r25 

-54 

l.i-u 

^~ 

36-0 

"26^ 

H. 

1 

0 

I'l 

:; 

ti 

1 

1) 

1 

7 

1 
1 

1 

10 

;{ 

11 

:i 

12 

:! 

1 

:i 

•> 

:? 

ti 

7 

8 

0 

10 

11 

12 


s  u  w 

N  1  K 
N  -1  W 


ti 


L<)(J    HOOKS    OF    SKAI.INMi    Vi'.SSKLS. 
Krida.v  I7lli  .Jihh-  /H". 


545 


CoiirsoH. 

N  N  wav 


N  N  W 

ss  wnv 


N  l.v  W 


Calm. 
N  W. 
N  N  W 

N 


s 
L't)-:5 


Winds. 
West 


I.w.v 


Kt'iiiiii'kH  lor 


Vv>A\  Wiiitl  iiixltt 
Nasty  Si'ii 

1  I'.M  I'assf)!  in  tliioii^h 
tin-  Stailiylit  l?tcl«  tV 
Ittat  ii|i  to  i.ooUniif 
iHlanil  ^4tl)<l)t  oil' 
Tioin     l-:{l>  to  :'>-:»)  A:  Tackt-tl 
in 

S  I'M  DI.U' nM't'i'.l  .MiiNJ 
A  stowcil  ,lili  piinips  rliokin;{ 
Sliip  niakinit  watn  \'l  in 
in  tli<!  WfU 

.Midnt  stioiijf  wind  and 
a  na>t  V  sea  liovt'  aroiinil 
I  A.M  I'nadr  all  sail 
ti  .\M  Calm  li;;lit  air 

^<  AM  livilit  air  from  S  K 
!»  AM  .S-t  .MnsI 
Noon  \\)i.\\\  airs  (rom  West 
West     Standing;  in  towards 
Clavcout 


W 

l.M-7 

"2Mr~2t)-3      3-1     21-0 


ir.-7 
.'-.-3 


:j-i 


l.at 

IS    -    ,M 

41 
4'J  -36 


l.onK 
ll'o—  31  i 


jpjf 


u 


.1-*..  t 


i  ■,  ( 


4v;3i!^-    . 


,  i-t 


fljt 


Is 


I  '■  ■'•• 


513 


II. 


K. 


s 

11) 

11 

lli 

1 

•  > 

u 

i-:i() 

■">-u 

5 

5-2.-. 

»)- 

1 

K-;!(t 

s 

10 

11 

V2 

S  5  W 

:{ 

W.St 

Niinv 

•)') 

>:j\v 

15 

t.)  1  r.M 

Now  20 


LOU  BOOKS  or  i«*i;alin(;  vksskls. 

SjiJiiniay  l!^th  Juir'  /87. 


F. 


L'oiirsfS.         WiiitU.      Leowv 


Rt'inaiks  for 


Mdnt  tliick  Dri/.ilv  rain 


s  W  l.v  s 
N  s  \y 

Wis 


W  liy  \ 

N  W 

-  1-7 

(;-i  - 

«-;i  - 

U-7  1-7 
1-7 


i:i-o 


11-1 


I'.ast 
SE 


i:  s 

-  u'-r> 

-  I- 

-  L'l-l 

-  i2-:> 


-  i(t-i 


lG-6 


'2  PM  s<nt  lloat  on 
kIkiic  ti)  j^ci  a  ('(Mik 
lor  till'  Imlians 
4  I'M  Win.l  iifilit  aiKl 
no  siyiiN  of  canoe  coniiug 
Ntnod  into  tin'  liarltour 
;">  I'M  came  to  andior 

in  t  I'tl r  Nilliaift; 

Island  Went  on  shorts 
to  .ilorc  ltron,i;;lit  oil 
s|or<'s  (•ot)k  tVc 

1  AM  •iiii  nii(l(M-  way  &, 

went  to  st'a 

t-;>.t  clcari'il  the  llarl)our 

Stood  out  to  Sea 

")-(!  AM 

tt 

S-i'O  I'm!  Iojj;  ovor 

u]>  to  Noon  1.")  miles 

Mone  Isd  Claycot 

l.at  l!i-7  Lonjj  lL'r»-r),"J 


IX 


l!l-L'0 


itS-l'T 


i!t-i:! 

•KMM) 


1(1-17 

1!I-L'0 
11 


4'j-ai 


1- 


1  !.'(;-."> 


120-57 
I'B 


11'7  23 


•T!a«?5?T^5Ca»Obii«««fr:.r«»t# 


ir. 


LOU    BOOKS    ()1<^    SKAMNG    VKSSHLS. 
SiitHlay  l!»tli/«7 


547 


K. 


('mirs4's. 
\V  by  N 


VViinls.      liWv 


R.iiiiirks&o 


Siiiilh 
Vblc 


1      KViiii  with  \l.l.-  \V('!illier  A. 


Nils) 


V  s<!;i  III! 


;{ 

i> 

4 

5 

4 
3 

»" 

;i 

H 

3 

t 

;i 

:{ 

4 

10 

4 

11 

! 

Mil 

V2 

4        \\ 

ith 

1 

5 

•) 

5 

W 

i> 

1 

*; 

4 
4 

7 

:« 

4 

1 
4 

10 

2 

4 

11 

2 

4 

12 

VJ 

4 

('(iiirsc 

•list. 

N  4  W 

:ii  J 

/' 

N  5  W 

4 

N  6  \V 

12 

21) 


1  Seal  IJ)  Juno 


\V  l.y  S 
iilid  oH'  and  allowed 
fair  wind 
W  1  N 


W  l)v  N 


W  by  S 


•t-SO   P^f   3«   inilos   on    th.'   log 
1  (aix'  Co.ilx  M.ariny;  VVNW 
1    \'\   leeway   altlion<i;ii  runinf; 
Mdnt  ('a|M-  Cook 
NNK  2;">  lot!  sliowcs  r>{)  sint'i! 
Noon 

4  AM  Ion  tit;  M     Nltlc  wiml 

rain  Hi<;li  Sea 

t!  AM  Shut  A    Spcaifd  a  seal 


i-»; 


;i(t-s 


Hi-l 


is-r> 


lowt'iTil  a   canoi'   to  |nck 
S(|naliv  N:iNt\  Sfa  rniiin;;- 
H  AM  i'»o  W.atliir 
Noon  slidwerv   willi  \'1>!.'  winds 


liiiii  lip 


ti2  -  :io 


.o-  KAl 
I, on 


W 

24 

11-1 


vcstilv   Lat  lit  -20'     12t>  -.'7' 


n 


lit 


Ui-H 


4-4 
21-1 


soon 

ti2  -  ;{(» 

10 


:.(i  -i(t 


2.H- 


fi2  - 

40 

SM)  - 

(H) 

27  - 

20 

2;{  - 

2(! 

no  -  40 


2(> 


19  -r>l       127  -2S 


41 


12f<  -  7 


ff. 


'Ei'usud  in  uii^jinul. 


f^ffl 


1   < 


-     .(       I 


'»!' 


548 


M;-4'".  I 


T  i'! 


.1' 


i  t'i : 


4 

i     ' 


^1 


i.oi;  nooKi^  OF  sr,Ar,iX(i  vkssels. 

M.mdav  L'Olli  /S7. 


11 

K 

F 

('inirsrs 

Wiii.ls 

Lw 

Ri'Miiiiks  (Sn: 

I 

:< 

■I 

w 

hyS 

Soi 

nil 

I'M  a  nasty  sea  showery 

•) 

;{ 

1 

Vble 

PL  It 

'{ 

:} 

4 

I 

3 

t 

(t 

1 
1 

4 

4 

GPM  Triaiifrl.-  Isil  NNH 

7 

r» 

4 

Molt!  inodtTato  sea  goinjr  dowii 

8 

t) 

7 

4 

8  I'M  :r>  ])  L  slioweiy  witli 
nasty  llaad  sea  ;join>j  ISows 

10 

7 

in  ( Utcasioually 

11 

7 

V2 

7 

Md'.i;  tliielx  rain  PI.  (.3 

1 

7 

West 

a  nasty  sea  sliij)  making 

■) 

8 

water 

:1 

8 

1 

8 

4  AM 

I)l>li'  reefed  Mnsl 

5 

7 

4 

I'L  i! 

1  in 

7 

ti 

8  AM  lifsli  wind  Riitl  !i  toping 

s 

li 

Sea  s 

iiiiii'Vii;  Dcoasional 

•t 

7 

WutiT  i  LL'O 

10 

7 

11 

7 

30 

Noftn 

11 \y  I'L  -,{)  III 

1-' 

7 

\V:it( 

ii  l.->  ni  slow  eleared  otV 

Put  cloiiily 


Lat  ol.s.-.l  -3.'.  \ 
conectil     "  .")!  -31 


Long  132  M2' 
"      132  -15 

Tuesday  2l8t  /87 


H 

K 

]' 

( "onrses 

i 

5 

W.St 

'J 

."> 

3 

,") 

1 

4 

li 

4 

D 

15 

(i 

ti 

7 

li 

8 

li 

«,t 

."» 

W  l.v  \ 

10 

.") 

11 

4 

12 

4 

1 

8 

•» 

8 

West 

3 

S 

W  In  N 

4 

8 

t; 

8 
8 

7 

7 

8 

7 

() 

7 

111 

:«»    7 

W  \  W 

II 

7 

N\V  l,v  \ 

12 

(i 

Lat  53  -23 

Winds 


Lw 


I'eiiiaiks 


I'M  .lark  .londy 
Sea  going  down 

4  PM  Do 

2  I'M  tliick  nasfv  sea 
7  I'M  111. If  j.etd  Mnsl 
8  I'M  Hi  inihsi'lear 


Mdnt  li:;  M 

West  11  III' 
4  AM  Cleril    l'l,i>7 


ue 


8  AM  PL 

10  AM  Wind  v..  iin-  to  SW  PL  II 
10  :tii  Ml! 

N'linii  ilnndy  |iii)ii|is  N'liiin  l'>'> 

attended  til  litiiiii:  new  jib  peiinuni 


L.ihg  I3.>-3'J 


ft   •' 

is 


11  ic 

1  i 

•>  1 

I  1 


LOG    UOO 


K  ('(llll'StH 

N  N  W 


KS    Ol'    SKALINCi    VESSELS. 


Wtdncsdiiy  -'-'  ,  ><7 


)40 


Winds         liWy 


RtHiiiirks 


1  1 


s  :« 


I    I 


NW 


10  t 

11  I 

I  7 


;>  I 


;i  (> 

10  t! 

11  t> 

12  l> 


H        K 


10 

II 
12 


NW  by  N 

N  W 


Lat  5.")  -38 
5-  -:i7 


West  I'  M  l<i\vtn'<l  111''  fiin'sail  iiiiil 

I'lit  ii  Ovrr  lliill  piitcli 


6  I'M  -T) 

S-:«   I'M  skv  cU'iiriiij,'  iiiailc  sail 
Hut  still  a  iiasty  sea  nuiniiig 


Miliit  ."•()  Ill  lino 


4  AM  PL  80 


8  AM  PI-  107  lino  wcatlior  slcy  dear 


Noon  PL  1:50     lino  with  sliowora 
St'ii  t^oiiiii  <l"wn 

Loii.ii  i;!t>  -!«'  NV 

Var  2  k  Hiistly 

Thursday  2  ?rd  /M7 


y         Courses 
NW 


Winds         I.wy 

wsw 


K'miarUs 
PM  lino  woathor  and 


smon 


th  soa     sot  tlio 


main  sail 
4  PM  lino 
(i  I'M  1>.. 


PM 


lid  vooriuj;-  wostly 


PI. 


•I  I  t        WNW 

10  I  I 

11  I 

12  1  I 


M 


W  l.v  NAN 


1         W  N  W 


:(       1 


W  by  N 


Lut  olis  Ti" 


2(1  \ 

;  -21 


Li„t  PL    70  sliowory  willi  a  littlo 

extra  ^^  ind  at  tino  ~ 
2  AM  7H  1>"  weatlu  r 

4  AM  S(|uall.\   w  illi  laiu 


8  AM    Pli  !'7  li,iilil  winds  rain 

10  AM  loweiod  eaiKte  lit  sleeper 
Seal 
I'L  Ittit  Calm  liiiiit  rain 
l.oii'i  i:t7  -.".Oa/o 

\M  -2;t  Cliar 
Var   2i  lastly. 


Wi 


r^it 


Jt^f 


;t!i 


,    M 


<     i« 


'       i. 


->»  i-E'f!?? 


l> 


M 


,i    • 


i  il     : 


i         "   1 


c'lii 


f  ) 
/ 


ooO 


11 

K 

F 

Courses 

1 

W  S  \V 

2 

«J 

4 

5 

B 

7 

8 

S» 

10 

11 

12 

1 

2 

3 

4 

It 

ssw 

7 

1 

X 

it 

1 

SWiS 

1(1 

11 

1 

1-' 

4 

I.at 

57  -21  N 

\o 

oils 

LOG    HOOKS    OF    SKAI-INO    VKSSKL!?. 
Fridiiy  24tli  /S7 
Winds         l^y 


KeiMiirks 

I'M  li^lit  Kasfciiy  jiirs 

Calm 

4-10    I'ut  out  r  Loff 

8  I'M     toitk  main  sail  in 
Calm     Nastv  Sea 


Midiit     Calm  jtlonty  of 
wakeful  soal  aiouiul 


1  AM    a  li^rht  air    set  mnsl 

West         s  AM     a  li>;ht  Rice/o  with 

rain 
Vble  10  AM  all  ranoes  wont  out 

rt'tnriifd 


Xoiin     li^lit  winds 
ihw 

LdUK  i:W  -(J  W 

Vur  I'i  Kstly 


Jack  2  Seals  Ketsatne  A  OiMtor 

.J(isi'|»li  1  iV  2  jiiips 

Jark  1  Seal  Nifnat     )     Dotkawa  A   DalbmatU 

JellllV   1  |>U|l 

.(enny  'I'linniiisdii  ;{  Seals 
Old  Som  li  Seals  1  iiuii 


Saturday  2r.tli  .Tmii.'  /s7. 


H 

K 

F 

Courses 

Winds 

1 

;{ 

S\V  )),v  S 

W.WV 

•J 

:{ 

:{ 

;{ 

1 

;{ 

."( 

•> 

Norlh 

Calm.s 

t; 

•} 

S\V  In  S 

14        ii 

7 

1 

•  ( 

X 

1 

SSW 

(( 
It 

II) 

II 

I 

r- 

12 

1 

Mdnt 

1 

."> 

S  by  W 

•) 

i} 

1 

r» 

t; 

1 
1 

7 

1 

;» 

1 
1 

Ki 

1 

11 

1 

12 

1 

Lat 

r>G  -  40 

hwy 


Kemarks 


Ail  canoes  out 
retiiined  at  .">  I'M 
lijilil  winds  West  to 

Talked  to  ]dik  n])  a  eanoo 


ri.  II  M  ^^ind  It  dont 

re;;ister 

Calms 

]'I2()  line  li^r|,t  jiirs 
iV  C.'iiiii 

4  AM  I'L  Id     Do  W.iitlier 


M  AM     Do     not  any  seal 
altoiit 

Noun  ( 'iilm  o\ ereast  «.V 
dull     Siwaslies  rr|i;iiriuf» 
A   'elitl  ii:y;  eainies 

I'l:.2 

Lonj;  pf<» 

i;i!t  -  II)    No  Oils     Var  2  J  13 


■^■^•^-"•'* '■^"" 


LOU    BOOKS    OF    Si:.\LI\(J    VESSKLS. 


551 


Siindav  L'litli  /H7 


1(» 
11 


1 


1 


Coiirsi'H 
S  by  W 


South 


J       NNV  l.v  W 
I       W  N  \V 


\V  S  W 


Winds 
W.>t 


Vl)k 


S  W 


la!o 


KeiiiarkH 


PM  \\w.  li^'lit  air  of  wind 
all  possiltlr  sail  set 
WlialfS  alioiit  aixl  a 
solitarv  seal  (Mcasioiially 
((MTcaHt     cldiKly 


8  I'M     I'LL'.". 

!t  I'M  Tackcil  l<»  N\V     Wiud 

Vfiy  \h\v  (I'M-'X) 

Mdnt       Cloudy 


f  i! 

it  ■ 


l(t 
11 
12 


S  K 


S\V  by  WAW 


4  I'M  50  an  in<r(asin.'j  wind 
a  .slij;lit  wt'stfiiy  sea  on 

8  AM    Stcailv  S  K  liifczo 

1'  lo},'  7:5     K'a'in 

10  AM   l)l)lc  let  I'd  Musi 


Noon  I'L  Ktr. 


am  \vi 


III  a 


liainfi'  nvn    did  not  altiT  lo;;  to  day 


Lat  ")(»  -  'SO  N 


Linij;  l">r» 


W 


Ko  Observation 


Var  2  A  I'ts  Kastly 


.fU- 


H 


Monday  L'Ttli  .Jnnf  /ST. 


C'onrsi's 


Winds 


SW  by  WiW     SE 


SW 


J'wy 


I  arks 


I'M  a  soa  risinji  with 

Ircsh  wind  atlindcd  with 

rain 

4  I'M     I'l.  30    Wind  ligiitor 


|r 


'«  (, 


10 
11 


Mdnt     .'alms  PI.,  50 


4  AM     l>o  Wtatlior 


8  AM     Calm  PL 


HI 
11 

12 


Noon  Calm     lii>ht  air 
Vhir,    ri-t>>! 

Variation  L'i  pts  Easty. 


Lat 
55 


I'JN 


Lonji 

IIJ  -  o3  \\ 


■1; 


J' 


:  i^ 


h*-!,   '• 


N».  ill 


1  n 

r 


552 


II 


!.()(;    IJOOKS    OK    sr.ALINC    VESSKLS. 


H 

K 

F 

( 'nurses 

1 

2 

W  fi  w 

*> 

'> 

^ 

;{ 

;{ 

Wfst 

4 

:: 

i) 

;{ 

(I 

;{ 

7 

;{ 

4 

« 

•.i 

<) 

(i 

W  l.y  S 

10 

t; 

11 

t< 

IL' 

ti 

1 

•< 

4 

S  U' 

') 

•) 

;i 

•) 

4 

2 

SW  by  A\ 

j> 

•> 

(i 

•> 

< 

2 

« 

2 

!) 

9 

10 

2 

11 

•) 

12 

2 

Winds  I,y 

NV.'st  I'M    thirk  liiiii 

Vl.li> 


Ki'iiiiirk!! 


3 

•) 

4 

•  > 

it 

•  > 

(i 

V) 

1 

S 

2 
•> 

10 

•> 

11 

•} 

12 

•J 

1 

;{ 

*> 

;{ 

ii 

:{ 

4 

3 

r. 

3 

0 

•  > 

7 

3 

s 

(1 

3 

10 

.1 

4 

11 

5 

12 

G 

4  I'M    I'L   !»,<  tlii.kiain 


X  I'M    tliick  rain    liijlit  wind 
I'J.    L'3 


M.lnt    I'L  40 


4  AM    I'L  4!t  (Jliar 


Noon    PL  fil    (hie  winrls 
lijilit  \l>Ic  sfcn  no  srjil.s 
AViinl  very  vaiialilc 
Variation  !'.<  I'ts  Kastly 


Lat  56"-  11  Lon-i  11.-)  -:.l    W 

W.dncsday  !'!»  .Innc  /87 


CoMiscs. 
1<\V 


West 


s  w 


W  S  W 


Winds      Lwy         h'tinaiks 
^  ^'^  I'M     tini-  wind  Ii},'lit  A- 

^'ldt■    Mn    Mooni     ro)>inj^  lilt   gave 
awav  aJKo  JDWered  and 
reeld   Miinsail  A   I'oie.sail 

t*    I'M     I'L    15 


Miliit    I'L   L'5 

31     Showery 

I'L  10  tine 

«  I'M   I  hick  rain 

8  I'M     I'L  54     Itanip  eloar 

Nonn    I'L  75     Dull  ovenaHt 

Lat  ol.s5»!  -  t;  N  LonL'i',,     147-58 

iJc    5(J  -17  W  K    ,  .       o 

Vn     I'i    l't«    Kstly 


•^«  * 


LOG    HOOKS    OF    SKAMNG    VKSSKLS. 
Thiirsdiiy  30tli  /Kl 


553 


II 

K 

CttlllKCS 

WiiuU 

1 

5 

SW  l.y  W 

NK  1<» 

5 

North 

3 

5 

4 

5 

5 

"i 

W  S  W 

6 

r> 

7 
8 
9 

0 

3 

SW  by  W 

1(» 

3 

II 

3 
•J 

1- 

I 

3 

2 

3 

3 
■1 

3 

3 

.> 

2 

4 

fi 

1 

4 

7 

1 

4 

s 

1 

4 

it 

2 

4 

1(1 

2 

4 

II 

2 

4 

12 

2 

4 

Lwy  hV'iiiiirks 

I'M  tine  overcast  soa  smooth 
no  st-al.H  about 

4  I'M  V\.  21  lestowiiig 
pi'ovisious 


8  PM  45  I'L  C'h)mly 


4  AM  PI.  70 


«  AM  PL  77  Overcast  wind  lit 
almost  calm 

Noon  Overcast  I'l  88 


Friday  July  1st  /87. 


11 

Iv 

F 

Courses 

1 

3 

SW 

2 

3 

3 

3 

1 

3 

;") 

4 

(> 

J 

1 

• 

< 
It 

1 

1 
1 

w  s  w 

ID 

I 

It 

I 

12 

3 

1 

T) 

4 

2 

5 

3 

5 

1 

;■) 

5 

() 

SW  bv  W 

() 

*> 

SW 

7 

t; 

X 

(> 

I) 

r> 

S  SW 

10 

5 

S  by  W  A  \V 

11 

5 

12 

3 

NW  4  N 

Winds        liWy 


h'cmtirks 


I'M  tiiii'  Clear  llorisou 
Skv  cloiidv  wind  light 
Pi  14  M 


8  I'M  PI  28 

Mdnt  |d  43 

4  AM  65 

8  AM  PI  !M) 

11  AM  PI  105  tacked  (oN  W 

Nooii  tine  cold  dear  with 
a  nasty  shmt  Wstly  Soa 


0' 


i 


ro 


F'i' 


Hi 


i     ,'l   ;     I   '. 


\l     f 


V  > 


'if  ^ 


b:A 


II        K 

1     I 


I 

r> 

(i 

7 

8 

!• 

10 

II 

11' 

1 

•» 

;{ 
I 


I.(Hi    I'.OOKS    OF    SKAM.NG    VESSKI.S. 

Silt  unlay  IM  /H~ 


i> 
(i 
7 

<( 
10 

11 
12 

\  1  w 

s  -J  1 : 

N  7  \V 


hat  Xouii 

7-ir.  AM 
Kock 


2 

in 

10 

.v.- 1 J 
r<i.siti(in 


F  ("oiirst's 

\  \v 

8  l.y  W 
South 
W  l.y  N 


M'  \  W 


XVV  l.v  XA\ 

si;'     " 

iiiili-s 

W  l.v  S 

N  S  W 

2-0        K  0-1 

'  /.'-o      1  :'-.-,-!•; 
2-n  !us 


Winds      Lccwy  Remarks 

W  S  W  I'M  Clomly  tin,'  .short  cJK.ps  of  sea 

■1  PM  I'l,  lit  lim- smooth 
Tai'Kfd  Slii]( 

STM.sr*  Tacked  to  W  N  W 
M.lnt  I'l.  :.0M 


7-ir,  AM  PLSOWon.  ship  wind  It 
l.i^ht  llon.se  iJk.s  l.on*  N\V  by  X  2 
X  A.M  Cloudy  Ovcica.st 

Xoon  I'L  its  .siiii  shining  lino 
with  j.Mssiiij;-  clond.s 
plenty  simLs  awake 
h'ock  iW'iii'ing 
.y  compass 


J-0        12-0     10-2 
1-0     r.-o 


.s-(t      .-.-2 


'  Erased  iu  original 


fi 


wsi 


'     I 


> 


!   li 


ft  I 


M 


(i 


LO(i    HOOKS    OK   SF,AIJX(}    VKSSKLS. 


i)i  >i) 


H  K 

t  4 

■2  l 

3  :io  I 


Siiiiil!i\  .Inly  :!(1/S7 


swi.vwav 


S  \V 


SW  by  S 


hct'W.V 


|{fiiiiirk.s 


I'M  11 


iiiil 


VITIIlii  S 


w.ikf  sciils  triivelin;; 

•I  I'M  Hi  iinc  wind  vccriny 
to  S  I]  (Mass  stiiinling  to 
21»-:{(>  (itlMTllllv 


tlily 


8  AM  i'L:{r> 


10 
11 
12 


10 
11 
12 


it 


59 


c;  ?•;; 


^  9 


■■53 


x> 


10  I'M  IH)lr  iv.-fd  niusl 

Mont  no  niilt's  PL 

2  AM  Siiw  tin-  l.nina<rin  Isils 
iilHint  ^i  niiirs  ot)' 
l-:{0  AM  I'lissfd  down  AttUins  Id 
Whifli  is  I'.cild  wvy  lliiiii  iV  rat  her  Strci» 


all  sides  rather  conspirnons  wIm'Ii 


on 

nnikin;;  trmn  N  to  1'. 

SiMMMinolV  apiM-ars  like  I  wo  sn<;ailoal' 

Isds  apart  witli  a  Itct'ii  Hollow  Ixtwccn 

on  nraiTi  approach  It  shows  a  lonj;  low 

])icrc  of  Land  Kxti'ndini;'  in  a  S  !•; 

ilirrrtion  tor  some  ti  ndlcs  Itcvond  the? 

Nonthnnniost  Hill 

h'nnin<;down  thron^^h  \'2  t'tlnn  strait 

the  l",ntrain'i'  to  Sin not)'  llarlionr 

is  Hidden  liy  a  liin.i  low  stri'eh  of 
Land  yradnally  Lxti'ndinu'  from  the 
S  W  Monntain  to  level  with  the  water 
the  S  Westi'rn  I'oint  rrojeetin.n  ahout 
1.'  niiles  to  the  N  \V  of  the  i'.ntranee 
whieh  runs  in  a  V.  N  L  diiiction 
for  alioiit  L'  mile  o])posite  an   llonse 
Oeenpieil  li\   Otter  llnnters  in  II  lee t 
at  Low  Water     Killed  Water  and  Washed 
tdotlies  and  got  ready  to  sail 


illli 


t 


ii 


iiaJ! 


\n,:l 


1:1:  r| lid 

I'r 

I"'     ij  ■ 


550 


I   '^ 


*     .  II 

11  ■ 


4\  '  ' 

IT*'!'" 

if. ' 


■■V 

c     ,     r 

m " 

:';Xi 

;."i 

m   i.. 

yi 

II-    ■• 

m^  ■ ' 


r  If, 


'tl:|| 


m 


h  1  1 


1 

3 

4 

5 

6 

7 

8 

» 

10 

11 

12 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 


H 


•A 
4 
5 
(> 
7 
8 

y 

10 

11 

12 

1 

2 

3 

4 

5 

6 

7 

8 

}» 

10 

11 

12 


LO(}    HOOKS    OK    SF,AIJ\(i    VKSSKLH. 
Moiiilav  4tli. 


•I         1^        F         foursts  WindH 


hei'wv 


K'tMiiiiiks 


I'M  till  liainls  >viisliiiiif 
(lollies  ** 

4  r.M  fj.»f  iindrr  wiiy 

U  (Jlllll  (';llnc  to  .lirjljii 

in  itiittT  |i:(ii  ,,r  llinlioiir 
iu5  ItliiiiH 


nidiit  lijrlit  N  Wairs 


3  AM  (Jot  iiihUt  wiiy  and 
procrcdi  d  Id  svh 


7  AM  liar! r  Itcaiiujr  J.;  Jj  £ 

Ti.;    u     /-I'   .      .     .     •'*  iiiiies  |Mit  ..III  tl„.  Lo.r 
Tins  Koff  Kxt.'iids  2  iiiii.-H  to  Soiilhwaid 


X<Hni  Calm  oH"  ('ji.i  l.roar  Isd 
XT  ^    ,,,        ,  all). lit  I  iiiijrs  N  l)v  W 

^t)t.'  Class  29-30  Wiii.l  .s  \\   to  Wrst 

Tuesday  5tli 


K         P         CVtnrsfd  VViuds      Le«'y 


Keinaiks 


I'M  Calm  «  itii  a 
nasty  swell  on 


SiE 


N\V  i  W 


8  PM  \V,.st  .nd 

W  liy  \  and  middli-  of 
SiiMMiii  Isd  l.caiiii";  \  liv  \V 

PL   10  M  r.  i        ^ 


Mdiit  25 


4  AM  35 


8  AM  fini"     CaiKMs 
niad«t  a  move  to  the 
wastward 

Noon  tine  It  airs  west 
Canoes  letniiiing 


Lat  54  -  42 


Lonjr  i.-(!t  -  .-»(»'  W 
Var  li  J'ts  Kasfly 


<: 


LOG  HOOKS  oi'  si;\M\«i  VKs.si:r,s. 

Wt'illM'Kiliiy  tilh 


55? 


II 

K 

!•'           Conisrs 

1 

\ 

WNW 

•> 

1 

;{ 

1 

S\V  by  VV 

•1 

•> 

t) 

•> 

SW  by  S 

') 

s 

III 

"» 

11 
r.' 

t; 

H\V  by  VV 

1 

r> 

SW 

;{ 

1 

'1 

1 
1 

S  by  W 

(i 

;{ 

N\V 

7 

:{ 

X 

8 

9 

3 

10 

3 

11 

:j 

V2 

3 

Suiith 

WjihIh       I.i'cv 


NW 


KciiiarkN 


Vbli'         I'M     C'iiliM  wifb  lit  Wslly 

:iiis     ('iinoi-s  r«'tiii'iiud  with 
liijllit       I  sisiIh 


S  I'M  !i;L,'iit  liiiii  wiiKl 
I'i'rslirllill'i 


10  I'M  iKsli  W.St  wind 
M.lnt    i'i,;r. 


4  AAI  ]'\.  -.1 

r»  AM  liiriiKiiio  (((ITackt'd 

to  NW 

«  AM  lliiu  wiinl  ii^'lit 
(roll  I 

11-L'O  AM  la.  U.'.l  tosiHitli     PF.  74 

N.ion  lim-     I'L  T.'i 
Lat  r)l-2!t     l,.)im  ",  101-34 
Chr 
Var     IJ  Pt8  Kastly 


til 


P^ 


Tlinrsday  7tli  July  /87 


*"if 


II 

K 

F 

Cuiirscs 

1 

1 

t 

S  by  W 

1 

1 

4 
4 

4 

1 

4 

"» 

2 

4 

ti 

2 

I 

N  W  by  W 

7 

3 

X 

2 

}» 

10 

11 

12 

1 

4 

4 

SW  by  SJS 

2 

3 

4 

3 

3 

1 

3 

ti 

2 
2 

7 

2 

(1 

I 

10 

11 

12 

Winds 


r.wy 


Keinarks 


I'M  li<;lit  winds  ami  VIdo 
Ht-|)  MnsI 

1-10  I'M  Tacke.l  I'L  7  M 
('ani)c  t.i.ik  a  turn  to  look 
fill'  seals 
I'M   Tacked 

S  I'M  Calm  lifrjit  rain 
Saniiak.i  I.I  iii.ll.'  N  W  M.nintaiu 
on  IniMiak  I.I  WUS  I'L  lt>  M 

Mdut    Calm 


4  AM     PI.  2!) 


7  AM     36 

Calm  witli  a  nasty  Gronn.! 
Swell  nokin^r  Sails  t.>  K'a^s 

N.I. in     Calm  as  nsual 


|*"5 


l*i 


Note    (Jlass  Rising  from  21»— 30 


^.  «rf:,a 


•4 


i'!!. 


H  -n 


TmS 


?.Mtf 


!.()(!    HOOKS    OK    SKAI.IM;    Vr.SSKL.S. 
I'lidiiv  Mil  'n7 


II 

K         1 

'     CimrsoM 

WiiiilH 

1 

•» 

1 

SSW 

W»»t 

:t 

;{ 

1 

I 

") 

."i 

NW  l.v  N 

t> 

r» 

NNW 

1 

XW  l.v  W 

10 

I 

11 

4 

IJ 

1 

1 

1           1 

1 

\      S  l.y  K 

ii 

1 

WNW 

1 

ti 

1 
1 

1 

SSK 

7 

:{ 

s 

1 

W  l.y  X 

4 

lit 

."» 

SK  I..V  S 

11 

.) 

IL' 

") 

W  l.v  N 

4 

LtH-y 


K'niiiirkH 


I'M  Ciiliii  Willi  a  JM'ivy 
(ironnil  s\\*>ll  nIm).  tolJiii;; 
iinti  tiiiasliiii;;  sails  lii-avily 
2  I'M  a  liijlil  l!rir/.c  tVoiii  west 
r.  I'M   I'a.k.-d  to  \\\   fiosli  wind 
(i-M(i  Isl.l  WW  \  \\ 

Snowv  Mi.iintaiti  WNW 
8  I'M  Moilntaiiis  NNV  l.y  W  \-  NW 
I'l  til  M  i't  nil  I'oit  Short"  fthoiit 
W  l.y  N 

ll-:to  fai  keil  to  soiitluvanl  iiK.derato 
Mdiit  \'\  HO  Saniiakii  Isil 
NNK20M 


4  AM  MoiU'ratP  Fino 

r.  AM  I'l  IdX     VUi'  (hitlinos 

I.I  tlu^  Land  and  indt-ntations 

arc  vny  dcticicntly  dcsciil.cd 

on  tin-  ('halt 

7-:i<l  ja.k.'d  to  WNW  I'l  IK*. 

!t-:!0  iackrd  nil  SW    Kiid  ofOniiiiak 

11-10  Tarktd  to  Wtslwanl 


A  jiiiMiially  IJisinj;  (Mass  Siin  Ohsciiicd 
all  the  tiiiif  with  di-ns*^  ciond.s  Wind 
fn.m  S  W«'8t  to  West 


Satnrdav  Otli  .lnlv/H7. 


( 


II 

K 

F 

Coiirsos 

Win. 

1 

1 

W  N  W 

2 

I 
1 

S  K  W 

1 

1 

S  S  K 

r. 

•> 

I) 

*> 

7 

•> 

\V  N  W 

s 

1 

.South 

10 

1 

11 

1 

12 

1 

2 

3 

4 

<; 

SE  l)y  S 

t 

10 

1 

N  \V 

11 

1 

12 

V 

4 

yott 


obH 


!,t>t'y 


Kt'iiiark.s 


I'M  thi.k  air  and  a 

IVcsh  wind 
:{-:{()       I'M  NMaina  Id  SW  l.y  W 
dark     I'loiuh 
I  I'M     I'l.  Hi  M 
8  I'M  I'L  28  M 


Mtint 


n-:]()      AM 
li<r|it  air 


CaliQ 


St  Mnxl 


SAM     (aim   I»cad  Sky  overcast 

(ilass  :>0 

Noon      I'l.   10     l.(.\Mif>d  CaTioes  to 

h.ok  lor  si-als 

l.at  .M  -  7       l.oiitj  !(i:{-.".7  Hv  Itangs 

i'  .     .-.I-  21        "         lti:{-l!t  ol"  Is.l 


\ar  I  J   Fast 

(ilass  at  ISO  ('aim     sky  ilondy     wind 

soiiilicinls  iV  S  W     li.;;  iV  driz/iy  rain     sky  dcii-icly 

ovfii'ast  most  «.!'  the  time  with  a  sonlliciiy  swell 

t  Canoes  lowered 


U        2 


L(KJ    IJonKS    () 


I-  sr.AiJNfi  vi:s.>r,L 


■iiiiKiiis  unU/f*l 


y         ('t)iir.H»):H 

I  WlHt 


W«ftt 


SW 


W  by  N 
\V  S  W  Stii 


bK 


L.Tv 


UmiJirkH 


I'M  li«lil  ;iiiH  Iritiii  S\V  a 
Sitiiilit  rlv  nwtll 

\i  I'M  I'h  It) 


0.)< 


H  I'M 


III  N\V  l.y  N  I!  M 


Calii.  Imlil  airs  I'L  :i(»  M 


Midul  wintl  H«l»t  lioiii  SE 


L   ^il 


111 
11 


H      K      r 


10 

11 

12 


10  5 

11  5 


i  AM  till"  wiinl  liKlit 


am 


I  VI. I. 


4  West 

'l  I  W  by  8 

I  1 


tl  AM  Stum;;  wind  risiii;: 
Dlili'  iv.ld  Miisl     fiiiia  .lib 


X  AM     I'l.  •'•'>.  nasty  sea 


with 


10  1 


•  ■SS  Wl 


lid     Naxty  sea 


Noi.n  I'l,  ST     ^Iroiij;  wind 
and  li'ain 

Latr.l   -'_»s  N     l.oni:  '•'''  -''<'    ^^ 
Var  1  i  rt  Ka.st 

M(.ndav  11  lb  .'nlv  /Hl 


Conrses  Winds 

^Y  by  S 


\jt'\ 


K'fniark 


W  by  N 


I'M  tbicK  lain      nasty  s.'u 
;!  I'M  slinl  seal     biwricd  canoo 
j;nt  litsl  il.     .Ma<b'  sail 
4  I'M 


8  I'M  Wind  ii.iibt  Vble 
Nast\  swill 


I^Idnl  rain  witb  a  li.nUt 


wini 


1    I'l,  r 


4  AM     I'M  -T  M  not  s"  nincl 

HWl'll 


8  I'M  tbick  and  Clear 


IM,  10 


I'l,  tio 


Latr.l  -!.-.         I.on,!iltW^-12'W 
Var  U    I'ts     Kast 


■m ' 


i  {'  t» 


■*ii' 


t: 


1      I 


)(;o 


1,0(;    1WK>K>    OK    SKM.lNi;    VKSSKLS. 


■|lli'.s<l.L\     iL'tll 


m. 


U         K         V 


(  iiinsi's 


\\  iml.-"       I.wv 


Ik'i'iii^ii'kH 


1  1  »  NSW 

'2  1  I 

:<  I         I 


1       « 


N\V 


I'M    I  .iiWrrnl  (  ';ini>«*N 

('It'.-ir  at  iiiliM'Viils  anil  lliirk 

( )i-('asioiiall> 

1  I'M  ('aiHM'N  rctiiriii'il  with 


10 
II 


S  I'M  liirhl  Mii>l  an. I  .III. 

•  Miisinj;  nti  the  Scaliiijj  ;;roiiiul 

tliick  rain 


Alidiit  ui<>i4*-rati'  lin<-  I'L 


4  AM  ( 'aM<M--i  slartfil  lor  ^t■als 


10  J 

11  I 
JJ  1 


NWV 


North 


S  AM  iliit'k  anil  <  li-ar  oitasiiitiallv 
I'l.  :!1  M 

Noon  I'l.  :;."«  (  anof.s  raino 
I  lnnii'  with 


I'M 


'\'  iT  (  anofn 


ti  Milirini:  N-a 


l,at  .V.    -S  I. on;;  liW      ll!    W 

Vai   \'i  U. 


X  !i|  N.al .  lii'si  M  aliim  <lav 


\\  •ilmsilav    llilh 


II  K  !•'  Conrscs  XS'imh 


1,1'fwv  h'fiiiiirks 


I  I  I  North 


I  I 


\V..>t 


-  I'M  'I'acki'il  lo  West      ( 'ano< 
\\  rnt  onl  airu.ili 


5  I'M  lanocs  I'i'inriictI  wiili  ^i  ;il,s 


m 


10 

11 

13 


sr: 


S  I'M  Ciilni  li:.'lil  air.H 
all  canoi-H  on  lloanl 


Miint     <  aim 


NW 


1  A M  >ln>i<i»  i-alni 


anoi'H  oil 


I  lor  SimIs 


Skv  I  .i-iii-iall-.  OMTi'asl  ami 
Mint  oi  I  hii'k  rain 


III 

II  I 

I.'         \ 


S\V 


X  AM  tiiK'k  anil  rli'iir 

iirrasioiiiilly      ( 'anoi'H 

iiiiiniHil  H  l«<  \ 

l.at  .Vi     IJ   N         \.iHiji  Mix       Hi  W 


Viir     1.^   Kiwtly 


-{-  Canoi'soiit  all  ilay  loniiiii:  and  uoinu 


T^ 


LOii    I5(M)K«    OF    SEALING    VESSELS. 
TliurHtlav  Hlh. 


5(51 


* 


i  1 

•_'  1 

tt  ii 


I 

s 

!) 

Ill 

II 

i:.' 
1 

a. 

4i 


T 
I 
1 
1 
I 
1 
I 
I 
1 
1 
1 
1 


I''  1/'<M11S('S 

NVbW 

!■:  I.y  S 

!•;  i)>  N 

S\V  liv  \V 


Will. Is 
Stiiith 

+ 


Lwy 


KciiiirkH 


SWl.vS 


(^iiioi's  (Hit  .'Ui'l  ri'liiniiMl  with  hciiIh  lili 
5  I'M  III  Civil  .l;iv 


I'M  liiK-  w.-iitlior 

(  'aiHIfK  (Hit     Sl-!llili;r 

W'fiil  lii'i'  clciir 
'•I'M      rrtiii'iK'il ;  WDi'i'  III  tho 

S  I",  wiiiil  II  il<;ir 
!»-:»)        I'M  put  mil   I'  l..y; 
wind  iiii'iraHiii;; 
Dhlu  rocld  MiinI  iiiiiI  Jib 


Mdiit     \voi(!  lo  S\V 


■I  AM     lliick  rain  willi  a  fresh 
Wiiul 


«  AM     r  I,  only  7, 

Niioii  Mnrli  rain  :iiitl  .in 
iiicr  W  iiid  W  ilh  a  Ijlliii^ 
(JIass    •_'!•  I'll     Wind  SK 

Lai  ">:■  -I'  I, on;-  li;.s  -58'  VV 

\ar  I   ,  KaMl 


Friday  Ifdli  .Inly  /H7 


II         K  F  ComsfH  Winds        Lwy 


Kcniurks 


1  1 


I         S  lr\    W»W  SE 


I        I 


:{ 

I 

4 

I 

Ii 

7 

s 

III 

11 

11' 

1 

J 

•» 

1 

."{ 

1 

1 

1 

i> 

4 

t! 

4 

7 

4 

s 

I 

III 

."i 

II 

."» 

I-' 

5 

n 


:s 


I'M  'roricnis  of  rain 
and  a  Ntroii<!;  wimi 


SW  l.v  S 


«!•;  liy  S 


X  I'M    a    vt'r\   Iit'a\  \  cross 
Nca    I'linniiii;  Hliiji  l:il>orin,i^ 
J  lli'av  \   |)iiiii|is  al  li'iidt'd 

lo 

Miliil  tliii'k  rain  and 
a  nasty  sra 

4  AM  Wore  at'inind  t» 

holltll 

><  AM  |illl  out  p  lo;;  H  ni 
a  iniNty  noii  rnnniiiK 

Noon  Stion;;  wind  with  a  nasty 
Hca  ninniii^; 


Lai  N .".»     10  N 

U>un        UiX    IH  VV 

Var  1|  E 


^ 


i-l!«'«.t'ff^ 


71 


■1'." 


li 


562 


LOG    HOOKS    OF    SKAMNWJ    VESSKLS. 
Sittinlay  Kith   /S7 


'!■■'. 


\> 


H 


■ill''       ' 


;' 

,? 

1 

1      .- 

i 

f  '  '■ ' 

»      '1 


'!   HI 


Hi 


-•i 


H 

K 

P 

Cutl  1-908 

1 

"P 

sw 

W 

3 

otr 

South 

3 

UJ. 

South 

4 

otr 

K.SK 

5 

4 

South 

6 

4 

7 

4 

8 

4 

10 

11 

•• 

li 

W  hv  \ 

s 

12 

" 

(i 

1 

6 

Wtst 

2 

6 

S 

B 

4 

« 

5 

1 

SK  by  i: 

6 

1 

7 

1 

*l! 

8 

1 

'0 

9 

Calm 

10 

«< 

11 

« 

12 

<t 

Winds       Lwv 


RumarkH 


S8\V 


5     I'M  Stroll^  wind  ;iii  i 

"    a  High  cnm8  Hua  I'll LLU.iiijr 


"    «  PM  till  V  and  Oinv 

wind  SW  -♦•n  iimrK  ii-^iilar 

in  I'M  VV  MO  to  tiio  WNW 
•I 

Mfint  tlii'<».  air  and 
'2  a  nasty  -m\  on  win«l 
liai-kt'tiiit;: 

4  AM  a  ii«5M.Tv  nwell  wind  falling 
liulii 

^    .M  \V(»»n  Hhnip  to  westwanl 
wind  lifjlrner  imit  a  nasty 
crwMs  Nwt^il     wtaip  lalioi'ing 
li»ii  vily 

Nmimi  i-li-arml  <«ft'  line  hut  a 
iiiH»t  \  swt'l  I  on 
I.at  54  -20      J, ..11-   "tW  -12'  we. 
\m  IJ  KasilN  iH!<   -25  Chr 


Canoos  t>ptnrn<>d  .">  I'M  Civil  limo 
with  srai** 


*  KraMMl  in  oripuul. 
Snndav  17th  .hilv  /87 


H 


K 


F 


Connies 


1 

2 

3 

4 

6 

H 

1 

3 

«- 

T 

'.1 

:t 

4 

10 

:{ 

1 

11 

:{ 

1 

12 

:{ 

4 

1 

:< 

2 

;«. 

S 

< 

41- 

2 

S 

•> 

4 

• 

2 

4 

T 

2 

4 

8 

2 

4 

» 

4 

10 

4 

11 

4 

12 

4 

Ea»t 


K  hy  S 


NE 


NS 


Winds         Lwy  RiMiiarks 

PM  CaiMM's  vvfiit   tint   to 
culm  lint  a  nasty  sea  on 

4  I'M  a  litrht  jtrft'zt' 
Nortli  Saw  a  schoonrr  t"  windward 

('an>"-y  K'i'tni'ii*-d  lluistud 
tlicni  oil   Hoard 
(i  I'M  Worr  ainiind  to 
East  ward  |iiit  out  Ln;j 


Mdm      I'L  2U 


4  AM  :«» 


S  AHf    IVn«f>  foy:  fine  m»9 
l.\v\  :>  iSoiii;i  down      I'L  10 

1     NM»nl't.42     CJuun-d  off 
wont  out 


31 


Cuuo«<s  w«irt  Mil  am'    .iiirnHd  Tith  24  ttcala 
it  ifSl  Oviitiu^'. 


mM 


LOO  BOOKS  OK  SEALING  VESSELS. 

Moiul.iv   Wh/m 


503 


II 
I 

2 

;{ 

■1 

5 
(i 

7 
S 
it 
10 

u 

I 
•J 

3 
i 

r. 
i; 

7 

s 

!t 
10 
11 
12 


V         Coursos 


Cilllll8 
<< 


4 
4 

4 


NE 


NE 
to 

NW 


VVIikIh  Lwy  Ut'iiiaiks 

I'M     liiKi  cli^iir 
'2  I'M  l'o<r  u<;iiiii 

r>  I'M  iiiiitlu  \vliiil(>  sail 
anil  pr<icft;ilu(t  to  NK 

8  PM     Clear  nky  civeicaHt 


Mdiit  lij^lit  airs  from 
NNW 


4  AM     I'L  12  lying  too 
waiting  Toy  to  ricar 

5  AM     cltiarrd  np 
Cainics  all  went  onf  iV 
lanii'  Hack    I'mni  10  AM  to 
No(»n  thi<'k  foj;    lirinj; 
signal  gnn  every  20  Minutes 


Lai  l)y  a/c  51-38'  N     Long  167-42'  W 
Var  \i  Kast 


N.it.' 


(Civil 
nl  out 


liino)  C.inot's  relnrncd  Cntm  Noon  to  ;{  I'M    17' 
r.  I'M     Ciinif  ita.U  7-:{0  I'M  with 

12  SkinH  making  total  of  18(i  Skins 

Tui-mlay  July  l!Hli/X7 


i 


11 

K. 

F 

Courses 

I 

•> 
'J 

4 

5 

, 

t> 

7 

H 

!( 

Id 

11 

IL' 

1 

S\V  l.y  S 

"l 

K  l.y  S 

7 

H 

np  Sill 

10 
11 

12 

oil  SW 

Wlinls 


South 


s  i: 


Lwy 


HeniarkH 


PM  Calms  thick  fog  and 
clear  altrrnalely 
Canuus  retnrntMl  3  I'M  Went 

out  r>  PM  and  retnrneil  again 
7-30  PM  light  air  from  tho 
8  E     lying  too  under 
Mnd 


Mdnt  tine  with  an  incr 

Hree/.c  ato 

2  AM  Wore  to  E  S  E     Mod.r- 

tiiie 

4  AM  Cloudy  with  an  incr 

JJroe/f 

H  AM  Wore  around  to  S  W 

a  nasty  sea  on  wind  lighter 

\essel  lalxning  dreadfully 

with  rain 

Noon  Do  Weatlii^r  Not  any 

Seals  ahout 


Lat54^-3(1  LcmgltM   -  18' W 

Var  1  34  Easterly 


:t 


iii^ 


M 


V  ;V.  I*' 


r)n4 


'ii' ■;! 


LO(J    HOOKS    OF    SKAMXO    VKsSKLS. 


II 

K 

V 

t'ourst's 

V.'iu.ls 

1 

8uiull 

SK 

2 

3 

4 

6 

. 

6 

7 

X 

sw 

8 

X 

!) 

X 

1(» 

X 

wsw 

11 

X 

1L> 

X 

1 

4) 

•  t 

sw 

8 

« 

4 

it 

6 

« 

« 

•• 

7 

" 

8 

l( 

9 

«• 

10 

'• 

11 

'■ 

12 

t4 

liWV 


IvI'lllMI'ks 


I'M    a  nasty  sea  niimiiiy; 
r»       ship  lalHtiiriiiji  vt-iy  Heavy 
tiirasliiiiv:  sails  very  imuU 


S  PM  split  Mnsl 
Dotililu  r«!ut'il  it 


;i       Mdiit  Wind  vei  rin<j  to 
tile  wisiwanl  lliirk  and 
rl<'ariii<r  at  intoivals 

H       Sea  y;oin;j;  down 

4  AM  nioderntf  wind 

tliirk  rain 

8  AM  M<Ml«nat«>  do 


Noon  ho  Wi'atlii  r  witb 
a  nasty  sea  SW  Swell 


:[  m 


% 


*  i 


Lnf  r. I  -r,  ■  T,onjr  ]Ci><  '-\y  w 

Var  I  :«  1  Kasily 

Tlinrsday,  21st  July  /h7. 


11          V, 

F 

ConrscH 

1        1 

W  l.y  S 

•> 

I 

:?        1 

t         1 

t;         1 

1 
t 

SSK 

7           1 

1 

Siiiitli  s 

H              1 
!)             1 

4 
J 

10           1 

1 

^  l.y  N 

11            1 

1 

12           1 

I 

1 

•) 

F.NIi 

;{ 

■J 

t         1 

4 

(> 

■ 

7           1 

8 

9           1 

NE 

10 

11 

I 

X2 

L 

ssw 


North 


Li'cwv 


K'cnnirks 


4  I'M  Thick  and  dirty 

with  a  na.stv  sea 


3  1   I'M  Wore  ship  loSE 

thick  A:  IMrly 


8 


Mdnt  thick  and 

dirtx  nasty  sea  nn 

2  AM  I'lirlcil  Mnsl  and 
run  KNK  under  Jih 


Noon  line  Ihit  a  swell 
thick  and  dear  allcrnatdy 


Lai  r.l  -  :U       Lon;;  111?  -  '35 
Var      1     J     KuMt 
r.,-)  -  18  <»lm  11   AM 
Canoca  out  t  Hours  return  noon  with2'>Hku 


a       1 


10 

II 


III 
II 


I 


LOCS    BOOKS    OF    SKAI-INO    VKSSKLS. 
Friday  -'I'nd  /87 


NH 


NK 


W.st 


W  S\V 


S\V 


South 


N\V 


f  Courses         Winds        Lwy 


Ktuiiiirks 


5G5 


Niirtb  ;i        I'M  tbirk    iiiid  <iciir 

iiltrniatfly  canofs  <>iit 
ull  day 


(i  I'M  Won-  around  to 
WW  2     westward 

8  I'M  iilnioHt  Calm 


Mdnt        Calm 


4  AM     Do  A  lijilit  airssoa 
HmiHilli 

8  AM     l»o  wtathtM-  Camu's 

out  Hiin  sliowinn   tiiroufjll 
octMsionally  tliii'kunin>(  & 
cli-ar. 


Noon     Calm  line  sea  smooth 
Canoi-s  all  out. 
Lat  51  -lil    N     Lon.u  H>7  -iiti  W 


I 


h     fi 


'<)* 


•m 


Var  If  K 
W.iit  out  and  r.tnrncd  a-ain  r>  PM  with  L>!t  niiikini-  total  of •''>| 


41*8 


Saturday  '2U  July/«7 


II  F         F        Coursiis 


N  l.v  W 


Winds       litfwy 


W.'st 


Rcniarks 


I'M  linf  smooth  sea 
calm  and  ii;;lii  airs 
Oct'asionallv 


in  I 


.*t: 


1(1  0 

II  1 

12  I 

I  1 


I)         K  S  B 
l> 


s  s  w 

to 

iSuuth 


S  I'M  not  all  camios 
(III  lioai-d  a  li.ulit  air 
liom  South 


Mdnt  Ovfitast  liuo 
Sea  smooth    ♦Jli'ur 


K 


10  1 

11  1 
li.'        1 


4  AM    Do  weather  thick 
I'oK 

SAM    Do  Weather 

Noon  Overcast  Cloudy 
No  Sun 


Lat  a/,    r.l   -'-M'  N 
Lout-  "  ItiT     IS  W 

Var  1  :$   1  Kastly 


(amies  returned  at  noon  with  8  Peals  moMlly  Travelers 


MS!.. 


f4''!^ 


tl 


wt-l  liiH 


5r,{] 


10 

11 

12 


10 
II 

13 


LO(J    nooKs    or    sK.\|.iN(i    VKSSKI.S. 
Sninliiy  Jlfh  m. 


II         K         F    <• 


W  I..V  N         .Sill 


WSW 


I-;  i.v  s 


i\y 


('.I  I 


I'M's  wfiit  out  tills  inoriii 


iijr 


•iirscs         Winds  | 


I'CWV 


M 


KoiniirkN 
•niiil  iiiiti  stiMxl 


I'M    Wen- 

to  VV  l.y  N     iiijitirsail 


><  PM  I'ml.'.l  I'or.s.iil  Sc 
•IHi     ln'.tin  wiinl  li;;lit 


Miliit  rain  nim  smooth 


■f  AM  lin<>  Cal 
Wolf  to  S\V 


III 


«  AM      Do  Wcatli 
Calm 


or  ram 


II.  \oSi 


l>ain|i 


III  ovcrrast 


Lilt  .">l    -L'f        l.olin;  l(i7   -1(5    \v 
Var 1  }  Kast 


Mon.lav  2."itli  /<~ 


F         C'oiirs.'s  WiutLs      L 


\vy 


U 


i>iiiar...'i 


VM  Calm  A  lijrlil  Vl,] 

I'lom  West  to  Noltll 


i<>  airs 


•A  I'M 


I  nasty  SW  swill 


iiiadc  up  Won-  aioiiiid 
to  soiitljwartl 


J,'^  V 


10 


WSW 


M.int  lint'  tlii.k 
UeMtly  swell 


nii!-t 


4  AM  Si-als  cryinjj 
lowtiiil  roiiNail  ami 
Ilovf  too  thick  (oj,r 


!   1  I 


10 

11 

12 


SW 


r.iiioi's  ri-diriHil  witli  ir.!»  Heiila 


X  AM  CaiHX's  went  out 
Ciijj  t  li-iiifd 


Noon  Overcast  Cloiulv 


I. .It  :>\  -ir.     I, 

Var  I'l  Kastly 


•ii;;  li; 


W 


•SKy  f fW"<»»»'+«»'  - 


LOG    JJOOKS    OF    SKAMNfJ    VKSSKLS. 
TiR'sdiiy  L'ddi  .hily/87 


5(J7 


H        F        K 

('oiirsoH 

Wiii.is 

1 

6 

W  S  VV 

North 

2 

6 

3 

6 

4 

6 

5 

6 

fl 

4 

7 

4 

8 

4 

fl 

1 

10 

J 

It 

1 

N  X  W 

W.st 

12 

4 

I 

6 

2 

6 

3 

If 

S  W  l.y  W 

S  S  K 

4 

(i 

6 

6 

6 

6 

w  s  w 

7 

6 

South 

8 

6 

<) 

»i 

SK 

10 

K 

11 

(> 

12 

6 

Leewy  Rt-iiiiirks 

I'M  liiii;  ovciTiist 

wind  li<;lit  Vl>hi 

(i  I'M    lint'  ciilni  witli   a  westerly 

8\V«»]| 

Cuiiouei  rc-tiiriK'il  willi  Scajy 


Mdiit  H^ht  \Trslly  air 

4  AM  overcast  cloiKly 

7  AM  wore  aruiiuil  to  .S  S  E 


Noon  Modcrato  lino 
Latril    -  17   N  Lony  107  -  Hi'  W 
Var  IJ   Kast 


+ 


naronietcr  nj)  to  Set  fair  weather  fine  ;;rn(  rally 

Itnt  i'liaii;;)'alilc 

Canoes  returned  with  32  sealH 

Wedncsilav  27lh  .Inlv  /87. 


H 

K 

r 

1 

1 

2 

1 

3 

I 

4 

1 

5 

3 

0 

3 

7 

3 

H 
!l 

3 

1 

10 

1 

11 

» 

12 

1 

3 

3 

4 

5 

6 

7 

8 

U 

10 

U 

6 

13 

6 

Courses 
^V  s  W 

i:  N  !•: 


sw 


Winds         T^eowy 


iieniurks 


s  i: 

Vide 


ss  w 


2     I'M     Moderate  line 

Canoes  reliirnctl  with  seals 

lijilil  S  I-;  W  Wind 

•2  I'M     Wore  ship  to  K  N  K 
riai'oiiieler  ;;<>in};  l?aek 

S  I'M     a  swell  inaUinji  njt 

iVoni  West  iV  Sontli  wore 
4  around  to  wes'ward  iV  shmii'neil 

sail 

,0  I'M  calm  and  very 

iulit  airs  drillin<;  to 

the  Westwaril 

Mdnl  Do  Weather 

■I  AM  Do  Weather  elondy 

lint  eleiir 

8  AM     Do  weather  elear 
!t  AM  Canoes  went 
out  a  nasty  swell  on 
0  tSeals  oecusionally 


Noon  elondy  with  rain 
eatnies  relnrin-d  with  I'i 
T,at  TA'-iT     Long  IU7  -1-"  W 
Var  \i  Kastly 


Canoes  Out  A  returned  with  21  skins 


X 


Itaronnter  down  to  ehun^e  ItO  iu 


iiAl 


) 


h-f' ' 


■f , 


.....  !■, 


1' 

i!i 

» 

,•  W 

► ' 

/    , 

lilvl'' 


iJ..a' 


5G8 


H 

1 

2 

3 
4 


1(1 
11 
\'2 


II) 
II 
11' 


LOU    HOOKS    OF    Sj'.ALINO    VHSSKLS. 
Tliiirmliiy  L'Xtli  /S7 


K        F         Coiirsi'H 
W  .S  W 


N\V 


N\V  l.v  N 


N\V  l.v  N 


N  NW 


SNV 


s  s\v 


Wiiuls      Lt'cwv 


Kt'iiiiiikN 

I'M  tliirlv  I'iiiii  swt'll 

(ilasH  rli!ill;;c  ItO 
I)  I'M  SI. end  NW 


Miliit  ri.  til  t'lvsli 
\\  iiitl  with   lliicK  rain 
<  >rriisioii;iiiv 
I   AM    I'L  :ii\ 

.">  AM   look  I'liri'.suil  in 

»;  AM   I'l-  r.ti 

7  AM   Winil   lli'a*lin<r  oil' 

Wl.lT  to  S\V 

S  AM   I'L  r>!l  a   na.sl.v  s.a 

ninniii;;  |Mini|i.s  allcnilud 

to  niakiii;^'  watci' 

Noon  thick  nii.-i|  ch-ar 

ocra.siiiiially  I'l.  lilt  mi 


9 

4(' 


H 


K 


Coui«<'s 


I,al  ol.s  :..■)  -II 
"      ac  :.5  -L'l 


! n  (III  ii;'.i 


Var  \'i  Kast 


I'ri.la.v  '-'lilli  .Inl.v  /s7 


Wiiidw       l.wv 


h'niia 


iks 


liW  -L'7 


1' 


III 
11 
12 


III 
II 
12 


S  \V 


NW  l.v  N 


S  S  S 


South 


SS  W 


W.St 
VI. lo 


W  l.v  S        S  W  l.v  S        1 


Lat.")  -:m; 


I'M  Misty  iiasiv  H.a  on 

L'-ir.  Wi.r.'  Nlii|)  t..  N  W 

4  I'm  I'L  li  sky  ..v.-ica^t  rol.l 
h'aw  w.atli.T  nasty  s.a 

S  I'M  Won-  an.nnii  to  S  W 
I'r.'sh  will. I  l.iit  nioilcialiii^ 


Milnt  S.-a  Koin^  down 
A  win. I  li;;ht.'r  iiiiHty 
oi'casionally 

4  AM   Do  Willi  thi.'k  f..;; 

(1  AM  low.Mc.l  cai.oo.s 
K  AM  Do 

!•  AM  Wore  aioiin.l  to  west 
!)-;iO  fojr  Cl.'an.l  still  a 
w.'st.'ily  Mw.'ii  .'aii.i.'s 
( 'am.-  hack  w  itii  on.) 
seal 

I jr  i(t«»  -:,\   \y 


Var  1  ;{/!  i:a8t 


'Shot  L'stals  canoi'H  wont  out  and  rctiirnt'd 
in  an  I  lout-  thick 


H        K 


10 
11 


10 

11 
la 


i( 


II) 
11 


10 

II 
11.' 


K 


LOa  noOKS  OK  .seai.ino  vk.sskls. 
Satiinlay  3()th  /87 


5G-3 


Coiirsus 
W  l»y  N 


\V  N  W 


NWI.yN 


ss  w 


Wiii.U 

sw 


W.'Ht 

Vl.l.< 


I 


jcowy 


HtMiiiirkH 


fi      iipSWIiyS 


K 


6 


off 


S  S  10 


1      I'M  ntiii,  wind  li;r|,t 

4  I'M  Cl*-ai'c<l  otV  occiiMioiiallv. 


1      X  I'M  cli-anMl  oft'  line 

with  a  trrsli  wind  a  littlu 

1      Si-a  iiji 

10  I'M  Won-  ti.  SW 

:>      Mdnt  sijually  with  n 
rising  wca 

■I      lAM   Do  n««avy  Sia 

i;  AM  tiioiv  in  Jilt  &, 
)t      lliivc  too  a  nasty  N«>a 
on 

s  AM  a  nasty  sea  running 
Si|nally  witli  liglit  rain. 

N«ion    PowratlH'r    Sqnally 
witii  light  rain 


Lat  5:5  -;{»;'     Long  1(50  -46'  W 
\ar  1  :</!  Kastcrly 
Rnnday  ;JlKt  .July/K7 


Conrstts 


Winds        \av\' 


np  SW  l»y  S 

otr  s  s  !•: 


South 


w 


ust 


Kcniarks 
I'M  S<mally  wind  light 


l!rlW( 


Still 


II  nasty 
r  thti 


W  SW       1 


sra  rnnning  si 
Dido  nrl'd  foresail 


H  I'M  Sot  Jilt  U'ss  wiutl 
and  sea 

Mdnt  a  nasty  sw»dl 
wind  lighter  <lark  misty 


4  AM   Do  W.-ath.T. 

li  AM  Clear  Still  a 
IliiihSwell  vessel  lolling 


]nelty  II 


lieh 


W  l.y  N 


North 


Canoes  went  out  Saw 
]iieiity  sleepers  altoiit 
Wore  to  the  westward 


Lat  55  -  Ifi  N  olts     Long  If.y  -47'  Chr 


Viir  1  y/4  Lastly 


'Canoes  out  and  Uronght  Maek  K">  Seals 


Sjioke  Sehooner  "  Ininlrrhill"  of  Sanfraneisco 
h)Nt  lloat  A  :t  Men 

"  sehooiuM'  h»tv  \"uU»ia  leportM  "  Sayward'' 
iV  Ana  lleek  sci/«d 

n 


'If 


^^^  t'  ^  i 


670 


LOG    BOOKS   OK    8lv\I-IX<S    VKSSKL8. 
Moiidiiy  lul  Aiij^iist    87 


:l; 


■  •'«'  ^  .1,;  . . 


H 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

1 

3 

3 

4 

S 

a 

7 

K 

0 

10 

11 

13 


K 


W.,>*t  S  S  W 


RciiiiirkN 


\V.,st 


s  s  !■: 


PM  ('.iiitMs  n'tiiriitol  with 

sr.  sciiIh 

lust  IJiiat       ;J  I'M  H|Mtki'  sclioonrr  ,"i(H)  skins 
f  iinilirhilt  orS:nitr,'iiirisi'o 
"t-Hd  s|tiikr  srluioiHT 
1        luili  \  ietiM'ia  iilxiiit  ()<IU 

SkillM 

Miliit  rain  IVcsli  wind 
and  a  nasty  st'si 


W.st 

U 
6 
R 

I   s  r: 

4 

4 

Lai  .i1isr.R"'-22'N 
"     1'.    r..VlK  \V 
Var  IJ  Kant 


u 


n 


1  AM  rain   l>o  wcatln-r 

w  ore  til  «  fstward 

ti  AM  linti  still  nasty 

sea  on 

S  AM   Modi  ratr  linr 

!)  I'M   Wnir  aionnd  to  SR 

CanocM  all  ont 

Niiiin  Calm  linf  sra  ^oin;; 

down  vt'sstd  rolling;  Mraxy 


Lonjr  IV clir  170  -7' W 

Do  %    Hil>-l'\V 


Tn.Hday  '2d  Anjjust  /87. 


H 

K 

r 

Conrses          V 

1 

SK  l.y  S 

2 

3 

4 

5 

S  l.y  K 

6 

7 

8 

9 

1 

10 

I 

11 

1 

12 

1 

1 

1 

2 

1 

3 

1 

4 

1 

5 

1 

S\V  l.v  W 

8 

•A 

SSK 

7 

•A 

8 

S 

9 

3 

SK  l.yKiE  N\V 

10 

8 

11 

3 

12 

3 

Lat< 

d.H  Tvi  -31' 

a 

/c  5-1-21 

Mary 

Klli'n 
1!>U0 

Winds      Le«'wy  Kmiarks 

r  M  calm  iV  li^l't  oirs 

4  I'Mllpht  NWair 


X  PM  Wind  inrn-asinjj 
tiirli-d  Mnsl 

Mdnt  line  Hea  siiiootli 
(iondy 


4  AM  llaiiltMl  tu  \yind  to 

look  for  seals 

T)  I'M  s(|iiar<-da\vay  a^ain 

5  AM  iinc  rlcar  sva  umuutli 
I'  I-  :.'5 

Noon  line 


Noon  Saw  sail  to  S  W 
C'londy  line 
Lonn  i'hr  ItiO  -IP 
a/c  106-51 
Var  13,4  W 


f 
t 


m 


ss^ 


a^& 


LOO    BOOKS    OK    SKAMNO    VKSSKLS. 

Wo<lii«!H(lii.v  :«nl  /«7. 


571 


II        K         V 

CiiiirHt-M 

Wiii.l 

SW 

1          1 

t 

NK 

'J         '•' 

I 

[KllHt 

NW 

:\       :i 

1 
t 

VI. le 

1        .{ 

J 

r.        :( 

1 

(>        '.i 

1 

S  IvlK 

7 

ti 

SW 

N  W 

8 

(i 

V 

«; 

10 

1! 

11 

(i 

Ni.rtli 

N  W 

12 

*; 

1 

(> 

2 

t; 

8 

li 

4 

)i 

5 

t; 

6 

ti 

7 

ti 

S  W 

8 

c 

9 

J 

10 

■i 

11 

4 

12 

4 

Lt'oy  KiMiiiii'ks. 

I'm  fri'Hli  tliio  wind  N  W 

1-20  I'M     PL  15     i'lif  lojr  to  0 
HJrcrcd  Kast    s]>()ktt  '•  .itiirif 
tJlhn"    r,  I'M  Ht.MTc.l  SKiii 
(i  I'M    Kiiiiiiili'il  too  iiikIi't 
forcsiiil  HtitilKiiiril  Tack 
',i      not  miuli  Hca  on  I'L  1.') 

10  i  M  Worn  aronutl  to  North 
4 

Mdnt  fine  clear 

4AM  Cloudy  Wind  liKlitor 
U  AM  almost  ciilin 
4      H  AM  Do  Sea  going  down 


Noon    ovorf-ast  clondy 
onu  c'lnor  n'tui'n«*d 


from  ystdy  olis  T.at  r.l   -Jl      Long  1««  -26' 

u/c  a/c 

Vai  13  K 

Snokc  S(lioi>ncr  ••  »//irv  Hllni"  with  l!HM)Hkiu9 
Caiiofs  I'i'tiii mil  with  LUi  NkinN. 

Thnrsdav   Ith  AngtiHt  /87 


^i 


r 


t* 


^1 

i 


11 

K 

F 

CoiirHus 

Wind.s 

K 

wy                           Heniarks 

1 

6 

SW  l.y  S 

West 

8 

I'M  Wiml  light  Vhle 

2 

8 

6 

6 

1 

;{  I'M  W  Ml.'  an.nnd  t«»  Xorth 

1 

N  N  W 

4  I'M  Nt  musi    .lih  A   t'nihl 

5 

foresail  rain  won-  around 

li 

W  s  w 

s  s  w 

2 

li  I'M  Do 

7 

\\\>ft 

.s  w 

1 

8 

^■blo 

8  I'M  Cleared  otr  almost 
Calm 

10 

11 

IL' 

Mdnt  tine  Wore  around 

1 
2 

:< 

S  hy  K 

S  W 

1 

t«)  S  S  K 

4  AM  Slight  rain  ami 

4 

ctMitinuing  tlimughout  the 

r> 

S  .S  K 

2 

day  until  noon  Wore 

(i 

around 

7 

Noon  rain  and  Wiml  Veore«l 

8 

2 

to  Kast 

!l 

SK 

I'aHt 

10 

11 

hat  a/r  .11 

— ;»' 

tV.d.sr.l  -15'  N 

Longa/<;  KlH-liiChr  ltis-10  W 
\'ar  :V  I  Katili 


Canoes  Went  out  and  roturned  witii  S  skins. 


«*;'■ 

1 

I 

i 

.  1':; 

l! 

...  ,. 

••     *■,'    '  1 

.,p 


MI"'    '    ' 


1  i 


I  ■ .; 


•-•( 


r,70 


LOU    HOOKH    OK    SKAMNQ    VKSSKL8. 

Fria.iv  r.tli  /H7 


U        K 

V 

('DlirHI'H. 

1           1 

1 

SK 

2          1 

1 

3          1 

I 

SH 

4    '  .    1 

1 

6 

4 

8 

9 

10 

U 

12         1 

1 

0 

2 

It 

3 

H 

4 

A 

5 

« 

6 

« 

NNW 

7 

6 

M 

6 

tf 

10 

11 

12 

WiiiilH      T,\vy  KoiniirkH 

r.iist  li  I'M  mill  t'lirli'tl  f(>ri's;ii| 

•t  :i  I'M  r.;isu<i  oir  Hiii't't  tu 

iliil'l  iiiorr  HDiit  licrlv 
(i  I'M  rain  not  iiinili 

Hl-A 

!)  I'M  :i  iarur  :i  iiiiistfil 
htt'jiiii  8lii|i  |iiis.s)<(l  I'last 

of  IIM 

Miliit  Overcast  Mii<l«>mt)f 
rain 

4  AM  Do  li^lit  rain 


Stnitli 


H  AM  l»r.v  Init  litllo 

wind  Nfii  Hhionlii 

9  AM  Wind  tVuin  South 


Latobs.-.l  -37   X  a /(•.".»  -'Jl' N 
LonK  Clir  UW  -L>  \V  a/i-UW  -29  W 

-fStrani  siiip  iia.Hscd  to  tin-  Ka.stward 
niakiii;;  t'orOniinik  \m»H 
Cannes  went  on(  7  AM  to  Nortliward 


Saturday  titli  Auj^nst    S7 


H 


K        F        Cuurnos 


Winds      Ly 


1 

3 

3 

4 

5 

6 

7 

4 

NE 

8 

NNW 

9           1 

10         1 

11 

13         1 

1 

NE 

3 

8          1 

4 

4 

5           ] 

6 

7         ; 

8 

9 

WSW 

10 

11 

13         1 

NE 

SE 


South 


Vble 


Remarks 

I'M  fine  witli  winds 

very  Hk'''     <'alni     lyiny 

still     a  very  line  day 

with  Hot  sun  and  rlear 

Kepairin;;  sails  \v 

H  I'M  Winil  in<Toasin;{  slij;htly 

I'roni  SE     Sea  smooth 


Mdnt  tine  Rea     nmooth 
more  to  the  NE 

4  AM  Do  weather 


8  AM  (Janoes  went  out 
Won*  around  to  S\V 

10-;{()  Ciinoos  returned  with 
Itut  few  skins     Came  on  Moard 
and  Wore  around  11    *.r>i 


Noon  rain    Hua  smooth 

Lat  obs  rA°~\H'  S  (Jhr  lt;7  -49  W 
MS  54-42  ae  1(W-17  W 

Var  1  Jf  E 


fine  all  day    dry  Hot  Snu  for  onee 

schooner  hale  in  Coy  to  Southward 


II 


lO 

II 


L(XJ    HOOKS    OK    SKAI,IN(i    VKSSKLS. 
Hmi.lay  7t»i  /H7. 


t)|o 


CtHllH'!'* 


Wimls       l,wy 


KciiiiirkH 

I'M  vvt«t      wimi  liiilil 

1  I'M  lii«  ki-a  to  soiilliwar.l 


*' 


m 


10 

11 


[No.  3.-VVasl.inoton,  D.  P.,  July  2S,  1S02. 


L.  r..  SiiKPA^n, 


C'u2,>l<tiii  U(Ctiti(c  Maiiiu.\ 


Hii*- 


^V 


>>ta. 


;     !'  I 


LOG  OF  SCHOOITEE  ADA. 


Log  Jntitl;  <tiiitii'niitiil  o  ii  iinil  of  fin   innrmimifK  on  Ixmrn  tin    Hr.  silionm  r 
Aihi    //■('/■/    ///(    i)i>rf    III'    Viiloriii    to  I'tirt-  Moran  ilitil    iiniuy    S<'((    coin 
niidnliil  III/  /•'.  niii   I'tlt.      lujit  In/  /•'.  ran   I'lit. 


DhK 


fill  i«li;lll  A    <iirii:illlr-<. 


UiuiJi. 


No.  Ill' 

Win  I.'  I'.i.in        CiMiiii 
cull' 


■?  '< 


■    I 


Jlllic...    .Immhh  I  i.miliii ..       Ma.-ilii         ...    

(ail  l.iiii.llii  I  ;; MmIt 

I    Willi. nil   r.ilkii-  lliiiilii   .V    liitci'iiri'li'l' 

.li.liii  M:ill  111  vv.<         (  tii.K 

I    IV    1     n    li.i.i-  '    11.1      \    11  

I  M;iitiii  ■liiliii^iiii  I'mkii  I'lillir 

III.  tillNlli'll llii      


47      .U<i'M'\     .. 

;il     >wii  i>«ii      

4.*t  ItkM'fl- 

.11      .WiMiraliii   

24       .V»i-«  iiA    

•jr.  ilo               . . . 

'.'."i  liMMllllM.  •'    .  .  .  . 


::r.ij'j 


Liii:  mJ' tlic  Sli  Adii  \  iriiMM  I  lai'luiui-. 
\VtMliH'sil;i\ ,  June  >tli.  1SS7. 

.\.    .M.     lilM-   \     |tli';iMllll     UclltllCf, 

p.m.   Wf.itln  r  tin-    Mwr     Si^iiicd  siiiji.x  iirfi»!«»s. 

'I'lmt  ><la\ ,  .1  iiiH-  'M       i  SS7. 

A.  M.  ''oiin'-  ill  \\     II  liiK- ficar  v\  |>lca>aiil  wrathw. 

|i.  Ml.      iiiii  v\   \\  c.itifcm'-  till'  saiiic. 

I»aii«        '      I    I.  III.   U'   ;."» 

Kiida.v.  Jiwwr-  IHtli.  iW-C. 

liiir  i\   iiilfw««4iiiiii  I  \\«        .     'liiriiiL:  tl:-  ilay. 

Ilai  xnin^VT  ;«♦»..!<». 

Sal  III 'la.*.  Jiin*'  1  irk..  IW^T. 

A.  M.  liiif  &  \iA*%\amm  wcatlirr  |>ait  uf  llin-crcw  ramt'  on  ^•wtinl 
(ll.ti.  (lasclam:  11.  >.  M.irtiii  .loliiis(»ri.  i  iimim.'\»mI  i  Im-  \c^-.«'I  litttw  iIm' 
wliarl' into  •Jat«M«»  lUiiv  i        tlir  vt'SH«^l  ii|t. 

P.  M.    |i;i'iii-        '  ••      liiK-  wtattifi  i-linidy  sky 

haittiiH-iii,    ■■      - 

I*i#j;  <»r  ttl*H  Sli  Atla.  Vict*wi}i  llailMnir. 

Smiday.  .Iiinf  llith.  iss~. 

Tliis  (lay  t'i»iiiiii«'ii<  tii  wiili  "criit  S.  S.  I*.  wjimI  iia^isin;;  rlniuls  a(  7" 
A.  M.  \\«'i;:1mv!  .iiiriinr  8ft  ILiiin  aiid  r"<»n*  sail  .lil»  and  h'l.Mii^  .Iil> 
with  two  iiicii  ot  the  ••ri'W  auidl  4  lti(iiaii>  !<•  rt'iinnc  tlu'  vessel  out  ol 
tiaiiics  l>a.\  in  to  Limi^n  \\,\\ .  \\  ^"  A.  }\.  suiiiMU'd  I'J  li'cl  i»f  wattT 
Tarkcd  .sliip  and  \\ii\lc  llic  v«'ss«'l  wa^  in  sta.\  Hit*  u ml  vailing;  \rrry 
llj;lil  tin-  after  part  of  tin-  vrssri  caiiH'  abound  witii  tlir  I'.lili  tide. 
Lower  t  lie  .saiU  duvMi.  and  »en«'  tlie  sliip>  Itoat  vv  itii  a  line  In  cliaii^e  ol' 
I'ieter  <iaaselaiid  A.  II.  and  ■■-   liidiuns  :tliead  to  tow  the  ve;  s«'I  ol  the 


a 


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ilif^ 


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m 


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i.i 


;«  ' 


:M, 


LO(i    IKtOKS    OF    SKAMN(S    VF.SSKI,S. 


nif) 


orouiul  iMit  <li(l  not  suctrcd,  I  tlioii  ordvicd  tlic  Boat  on  boarsl  svsmI  run 
ii  K<><]g  :in<l  uliiirl's  out  (li'o|>|i('il  tlic  aiiclior  on  tli<;  ISottoii)  wlicii  tli(> 
Kciiji  was  iiiii  liovc  tlu'  anrlioi-  tVoni  tlic  liottoiii  took  tlu' wlia'-fs  to  tlir 
wiiidlas  and  liovc  up  as  it  turned  tlie  vcsstd  Mead  2  points  l»y  lli<'  com- 
jtass  but  wast  ii<»t  able  moving;  tlic  n'«'8S(>I  alirad  and  liovc  the  Kcd;;' 
lioine  I  tlioii  ordci'dcd  tlir  man  IMetiT  (laascland  and  Martin  •Ihonsoii 
t»t  jjct  tlu>  stream  an<'Iior  out  ol'  tin*  hohl  and  wliyll  ('n,ya;;e(J  yelfinj; 
tin'  si  Irani  anclior  up  iUv.  mate  of  the  vess(-l  (!.  linmbeifjraine  on  board 
and  started  takiii-;  tiie  eoiiiniand  <Mit  of  my  lian  .s  by  telliii;;  tlie  two 
seaman  not  to  mind  the  Anchin-  out  of  tint  liold  but  hoist  the  sails 
whieh  I  master  of  the  vessel  eounti'r  mande«l  wliieli  put  the  two  man 
in  dispiit  anil  dis<»rd<>r  and  did  not  know  how  to  obtty  but  at  my  eotii- 
iiiaiid  olteed  my  order  t  lien  the  mate  eommeneediioistin;;  the  sails  l)y 
liiiiisell'  which  !  prevented  him  to  do:  at  which  time  the  mate  com- 
iiienced  li^^htin;;:  me  and  usinp^  bad  I>aii^'ua<;'e  and  said  I  was  drunk, 
and  wiiyll  not  on  my  ^ard  struck  me  a  heavy  ISlow  on  the  llewd  and 
tiyed  to  strike  me  in  the  face  which  1  jjieveiited  him  to  do  as  much  as 
posible  by  weardiiifj  the  IJIows  of  with  hand  and  leet,  and  the  work 
getting'  tlie  vess«'l  frcmi  the  •iiound  wast  l-Jitirely  stopped. 

asdnrini;  this  time  the  tide  'ad  \allin;;'<i  a  7  indi  and  ther  was  no  more 
possilulity  ;icttin,u  the  vessel  ot'.  and  to  piint'iit  more  tnaible,  1  wend 
on  shore  with  Mr.  I'obertson  ships  Ibiilder  and  stopped  in  his  Inuise  at  -' 
p  III  when  the  water  commenced  lisiiifi  I  left  Mi'.  Iinhcrsons  house  and 
ri'tmned  to  my  \4'ss«'l.  on  my  arri\al  on  board  my  \esscl  a  open  letter 
was  handed  to  me  from  .iaiiies  ,1.  (iray  my  (iwner.  statinjj  to  let  Mr. 
M  Maccinnan'  take  chaij;e  ot'  the  xcssel.  and  and  after  the  vessel  wast 
(i*.  M.)  allote  take  her  to  a  sale  anchora^L'c  after  readiii;^  the  note  or 
letter  I  to(d{  the  ships  boat  and  pulled  oNcr  to  the  li^ht  house,  to  con 
suit  with  Mr.  Macinnan  altout  llie  Ked.uanchiu- which  whicli  I  had  hovi^ 
hoiiie  a  ^I'ood  deal  I  tlnuij-ht  wastoliuht  if  inucli  wind.  I  su;;'ested  to 
him  };ettinji'  a  heavier  anchor  <»ut  or  run  tiie  Ketl;^  farther  out  was  told 
Ity  y\i\  iMa<*innan  that  he  thoiijiht  the  small  Ked;;  vvould  do.  hut  left  it 
t<^  mvscif  laviii;;'  a  lieaxiei  anchor  out  or  run  the  k«'d<;  faitlu'r.  on  my 
return  from  the  liylit  iioiise  (ui  l)(»ard  my  vessel  1  «iidered  the  male  to 
put  a  loiiffer  line  on  to  the  kedi;  Anchor  and  run  it  tailhci  out  but  1  w  as 
told  by  the  mate  that  I  had  iiotliinjj:  to  do  with  the  vessel  and  refuse«l 
to  obey  my  orders  and  put  the  man  in  disput  auain. 

at  about  ."•  p.  m.  tin'  mate  wast    yoiuju  to   hoist    the   llaji"   to  fjet    Mr. 
Macinnan  on  hoard  for  which  was  no   need  as  Mr   Macininm   had    told 
me  that   he  would   he  (Ml   board   in    in  .^ood   lime  to  remo\e    the  ves 
sel  to  a  safe  aiiclioiamt'.  so  I  told  I  he  mate  that  he  did  not  wanted  lioist- 
iiij^the  Hat;  as  Mr   Aiaciiiiioii  woulil  l>e 


oil    hoard    in    ^ood 


time 


wast 


told  a^ain  by  the  mate  that  It  was  nothiiiiL' of  my  lluisines  and  that  he 
would  hoist  the  tlai;.  at  this  Lanuuap"  of  tln'  mate  1  (udered  him  dis- 
tinktiy  not  to  lioi>l  the  lla;;,  and  wliyll  iii  the  act  prexeiitin;;  him  hoist- 
in<i' the  faly  he  eiMniiieiiced  linhiiii!.;  me  aj^aiii  tore  iu.\  clot liin;.;"  and  liatt 
to  pieces.  an«l  was  not  a!d«'  w  itli  hand  and  fe<'t  preveiitinji  him  ininriiij;'  my 
lac»'  i!i:s  ciiusiilly  took  place  in  pii-seiu' of  niosi  of  the  ships  company 
and  Indian  hunters 

at**"'  p.  III.  ships  time  Mr  Ma«*innon  canu'  on  board  and  at  ">'•'  p.  m. 
the  vess«'|  Holed  ol  and  washron<;ht  hv  Mr  Macinnon  toa  safe  ancliora}.!,('. 
sett  the  ]Mimp  on  but  ther  was  no  water  in  the  vessi'l. 

Ihinuneter  -iU.Ui;  Inches  in  the  Well.  (a.  in.)  None;  (Noim)  Nttiie; 
([>.  Ml.)  N'<uio. 

rtij^ned  F.  VAiN  TiiLT,  Maxkr. 


i  { 


^■' 


'  Jiiglit-hoiisi'  kei'itiT. 


i''V 


.'«    ) ' ,'  I 


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f  ( 


570  \.OC.    lUlOKS    (IF    SKALINCS    VKSSKL.S. 

Sunset     niollrratc  8  W  wiinl  passinj;  «'Unuls  Aurlior  wiitcli  uttt'inli  d 
to 
('lii('C«»ni«'«'r  iiixl  man  ji'oiii};  on  sliore 

Monday,  Jnnc  l.'Stli.  1SS7. 

ronu's  in  with  li;ilit  sontlirrly  lin'ozr  |)assin{;  rlonds  tliis  day  oil.d 
tlic  d«'«-ks  and  hroujiht  tlu'  Ilnntinj:'  Boats  nndcr  ro\rr  was  told  liy 
.lanM's  ,T,(lray  that  hr  was  jioinji'  to  ICnyajie  a  oth«'i'  niastn-  Noon  li^ht 
hrcczt'  and  ch-ar  weather.  Winds,  Sonth;  J»ar.  .'{(>..">S.  p.  m.  cnw 
employed  oilm-i'  deek  Sniiset  lij;lit  variaMe  wind  »S:  elondy  Anelmr 
li^iht  attended 

Thnrsday.  .Tune  14th,  1.SS7. 

this  day  eonuneneed   with   lijiht   l>i«'eze  and  cloudy   weathec     Xnnii 
moderate  Itreeze  passing:' eloinls     \\indsS\V;  llai.  3(Ml'    received  i!ic 
]L:nns  ami  Aminution  tor  the  Indian  hnnt<>i's 
Sunset  li^iht  varialde  wind  «!v:  «loudy     Anchoi'  lijrht  att«'mled. 

Wednesday,  .)um'  lath.  1SS7. 

this  day  conum-nced  with   li;;lit   luee/.e   and  ;;loomy   weather    Noon 
lij^hl  hreeze  and  rain  showers     Winds.  Nariable;    liar.  ."{O.irc    Inclits 
HI  the  Well.  (Noon)  ."((.I."). 
tSunst't  moderat  hreeze  iV:  sipially     Anchor  light  attended  to 

Thursday  June  HJth.  1SS7. 

Munes  in  with  lijiht  breeze  tS:  elomly  (let  LMMX)  Ih  of  shot  oil  Ixtanl 
for  the  hunters  received  a  nn-sses  tVom  Mr  danu's  .1.  (Jray  throu}*-  tiie 
mate  to  i»e  on  shore  l>ef<irc  L'*'  p.m.  hut  not  on  inisiness.  N<»on  tics 
In ecze«S:  clear  weather  Win<ls,SW:  l»r..'>0.l.s  1 "' p  m  send  a  letter 
to  owner  in  answ«'r  t(»  his  Messes  at  7  p  in  mate  j;oing  on  slnu'c  witli 
the  uM'sseiijicr  without  coiisullini:  me  7"  the  remainder  of  the  crc'.v 
went  on  shoie.  S"  Mart  in  dhonsoii  returne«l  hoisted  anchor  light  at 
my  retpM'st. 

I'riday.  -lune  17tli  ls,s7. 

Comes  in  with  light  hr«'eze  and  ch-ar  weatlier.  at  about  4''  p.m.  Hie 
mal«'  and  part  of  tlie  crew  came  on  l»oard.  S''  a.m.  Mate  iV:  crew  turned 
oul  their  llcds  som  at  ".>oclock  Noon  fresh  8  !■)  wind  light  cloudy 
weathei.     Winds  S  ll.     11  r.  ."»< •.<•."». 

1'.  M.  At  I''  .lanu's  (iainlin  took  <  onnuainl  of  the  vessel  At  S''  the 
Iciiiicr  master  of  thexcssel  was  com])eHcd  to  Iea\c  the  ship  as  per 
in>trinlions  from  theowiu'r.  .\t  !•''  weighed  ami  |troceeded  in  tow  ol 
"Saturna."  IL"'  plying  to  Windwd.  Winds,  S  W.  At  9.*''  Cast  oil 
fiom  the  tug  boat  tS:  nnnle  sail.     At  Midnight  of  K'ace  K'ocks. 

Saturday.  .Iiiiic  ls(h,  l.s,S7. 

A.  M.    Winds.     \V«'sterly.     Light  Westerly  wiml  «S:  lainy  weather. 

At  4''  I'.eachy  Head  NNW  4'.  s''  light  wind  and  Cloudy.  Noon 
Toiiit  no  point.     North  '/  of  mile. 

I'.  M.  SI'  Ligiit  wind.     IL"'  Moderate  ^:  rainy. 

Courses:   IMyiiig  to  Windward. 

Sunday.  VMh  .\n\\v.  1S.S7. 

.\.  M.  \\  iihU.  Westerly.  .">'' Came  to  ancli(U'  in  Port  San  .Tuan  in 
5  fathoms.     Indian  hunters  an<l  their  families  went  on  shoie. 

I'.  M.  Strong  sea  breeze  Idowingin  the  hurliour  until  sun.set.  Calni 
during  the  night. 

Monday.  L'Otli  -lune,  1.SS7. 

,\.  M.     i;i<iht  land  lu'ceze  blowing  out  of  the  harbiuir  until  H  o'clock. 

I'eople  employed  stowing  away  stores  and  clearing  hold  generally. 

Sea  breeze  set  in  at  t> o'clock. 

1'.  M.     Euiploye«)  jilling  water  tanks  iS:  euskd. 


!,()«    BOOKS    ol'    SEAMXC!    VKSSELS. 


i)i  i 


i'ncsdiiy.  .lime  L'l.  1SS7. 

Fiiu'  wratlH'i'  Ihioiiulioiit.     ricpiirin;;  for  sea. 

\\'l'«llU'S«l;i.\,  .IlllK'  'J'J,  ISST. 

A.  M.  -"'  \\'('i;;li('(l  iiiH'Inn' ;iihI  rii;i(h'  sail  with  a  fair  laixl  bnu'zo.  .T' 
n(V  the  oiitraiicc  tn  San  .Iiiaii  llailcMir.  wind  shifted  to  West  li;;iit, 
wcatln'r  ha/y.     s''.  Winds  \V«>st. 

At  noon  roci'fvcd  thr  Indian  hnntcrs  and  tln'ir  rann  .  the  two  last 
on  lioard  at  <i  T.  M.  Seven  in  nnndtercdf  Nittinat.  A  iieaxy  westerly 
swell. 

Mi<liii<;'ht  li;>ht  air  with  eahns  oecasionally. 

'fliursdav.Inne  -.5,  1SS7.  A.  M.  I»e;;ins  witli  calm  and  a  heavy  swell 
WiiidsWNW 

4  Stronj;  ;iale. '.  Two  reefs  in  Mainsail,  handed  Jib.     At  (»  Innnhvl 

mainsail,  and  S.  .lilt.  Two  reels  in  l-'oresail.  At  8''  Shipped  a  sea  that 
smashed  three  Tanoes  on  port  side.  l|o\-e  to  nnderdoiihle  reeled  foie- 
sail.  V.  M.  Stionj;  jiale.  S''  I  Jecreasinj^  wind.  10''  Set  Mainsail 
vV;  .Jib.  Latitnde  (  Aee)  IS  I."i'  N,  (obs) -fS-jS.  I.on;:itnde  (( )bs)  ll'-i- 
40  W. 

I''riday.  .Inne  L'l.  1SS7,  A.  M.  Winds:  WCsl.  I  levins  with  stronjc 
wind  and  hi^h  sea.  I''.  I.et  ont  all  reels  and  set  llyin.u  .lib.  S.  ("aim. 
Noon  fail' l>ree/,e  and  ei«'ar.  Tape  lleale  N\\  S'  1*.  M.  At  !•  eame  to 
anehoi-  in  I'ebn'h't. 

Satnrday,  -•'•  .Inne,  issT.  At  anchor  in  rdnelet.  PrtM-nred  thri'e 
canoes,  l{i;;;L;»'d  stern  davills  a:i<l  lilled  all  the  «'nipty  water  barreb. 
Calm  <lay  ami  line  wealht-i'. 

Snnday.  -(»  .Inne.  issT.  A.  M.  IJeuins  with  a  i-alm.  At  7''  linht 
westerly  winds,  j;ol  nnder  weiuJi.  Winds:  West,  l-'ine  breeze  and 
clear  all  forenoon.  Noon  rortlaiid  point  North  4',  1*.  M,  l"'ine  bre«'/e 
and  clear,     Inereasinji  wind.     .Miilni.^ht.  Calm. 

Monday.  117  .Inne.  Iss7.  A.  M.  Ia;,dit  vaiialde  airs  ami  calm  at 
inlervaN.  s''.  Winds.  S.  \]..  linht  air.  P.  M.  heereasin^'  wind  ami 
overcast  sk\.  -S''.  <  "iihn  and  d.i/./.linj;- rain.  Midnight  sann- weather. 
I-atitnde  (()bs)  4".>-l.';  N.      I.onj-ilnde  (()l»si  IL'O-L'I  West. 

Tnes«|ay.  >t  h  .linn-.  1SS7,  A.  M.  II.  2.  K.  2.  Cours(>s.  West; 
Winds,  vaiuble;  Light  vaiialde  airs  and  calms,  with  oNcn.iSl  sky. 
II.  4,  K.  I.  II.  a.  K.  I.  V.  .'»;  .\  schooner  in  sii-ht  (Three  nnist<Ml).  II. 
S.  K.  1.  1''.  ."•:  WiiidN.  r;ilni.  At  II  lowcicd  a  eamM-.  which  iiionii'ht  np 
1st  Seal.  II.  12.  K.  If.  Conr>cs,  SSW  ,  Winds,  West.  Ncxni  bree/.e 
freshening;  np.  II.  L':  K.  ■>:  W  inds,  West.  I'.  M,  Lij;lit  wind  and 
line  weatt.er.  II.  4;  K.  I:  Conrses,  SW  b  SAS,  II,  (i;  K.  ."»;  II.  S; 
K.  ."i:  hecreasini;  wind.     II.  1(»:   K. .{.     11.  Il':   K.  4. 

Latitnde  (  Aj-o  41»  -2:i'  N:  (Obs)  I'l-l':..  Lon-dnde.  i  .Vec)  lL'()-.")S  W. 
Ue.irinii  lro;ii  .\is(piiat.     IMsijince  F.NI)  l.'i  miles. 

WCilnesday,  21».lnnc.  1S,S7.  .\.  ^1.  11.  2;  K.  .'.:  Conrses,  SW  bS; 
N\  inds,  W  b  N  :  K'emarks:  Lii^ht  wind  ami  line  weather.  11.4:  K..'{,ll. 
♦»:  K.  ;i,  II.  S:  K.2.  II.  !()':  Winds,("alm:  Ifemarks;  I()Calm;afew 
sea!  in  'iiyht:  lowered  all  canoes,     II.   12. 

I*.  M.  2  (  anoes  retiinu'd  with  Ibni' seals:  Winds,  SI'l.  II.  I;  K.."); 
< 'our.ses.  W  b  N.  II.  •!;  K,  7:  lU'marks:  Cair  Ince/.e  and  eleai'. 
H.  S:  K.  7.  II.  H»:  k.  S;  Oveicast  skv.  11.  12;  K.  S.  Latitnde 
(Obs)  4ir-(>N.     Lon-ii'tnde(<)bs)  12.S-;;.S  W. 

Thnrsda>.  ioth.l  ..  1SS7.  .1.  .1/.  11.  2;  K.  S:  Conrses  W  bN; 
Winds.  SK,  lieni;!  ^-:  Ibisk  bree/e  and  misty  rain.  II.  4:  K.  S. 
\l.  Ha  K.  S;  U  i»«K,  Sonth.  II.  S;  K,  S;  Winds,  SW:  K'emarks:  S 
Cleariiiji  lip  mihI  sjiiit  of  wiml.     IL  10;  k,  o;  Courses,    WNW;   Winds, 


'^'^i' 


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■(:,: 

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■io 

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I 


57« 


i,n(i   nooKs  or  si:.\i.i\<;   vksski.s. 


SW.     II.  lL»;    K.    I:     Itt'iiiiirks:    Dj'rn'asiii};    wind  :i)i«I   fiiir   wpiitlici 

y.  .1/.     II.  J:  K.  I:  N\  iiKls.  S.  \V.     II.  J:   K.  I:  Li^-lit  wind  iUMld U 

wrallior.     Il.(»:   K.J:.     II.  S;   K.  .{;   Ih-avy  d«'w  Ciillinj':.     II.KhK.;. 
II.   I'J:    K.  L'.     I).  Lilt.   DistiUUT  nin    l.'»(>.'    hiititnde  (OI»s)  ."iO-.Jj    \ 
Loniiitndr  (i)l»s)  ]M)~r>'2  \\. 

Friday.  Isi  .Inly.  ISST.  .1.  1/.  \l,2:  K.  h  (^onrsrs,  WNW;  Wimis. 
SW  :  Ift-niarks:  r.ciiins  with  li<>lit  wind  and  clondy.  II.  I;  K.I.  II. (i; 
K.4.  M.S;  K.."(:  Winds.  Sonlli ;  l''n'sln'nin;i  wiinl  and  lia/.v.  II.  Ki; 
K.Cp.  II. IL':  K.T:  W  inds.  SI):  Dii/./linj-- rain.  II.1':K..S:  |».M.  I'lvsli 
Inrczf  ami  rainy  wrallnr.  II.  I:  K.S.  ||.«;;  K.S;  S(|ually.  II.  S;  K.s; 
Winds.  Sontli.  "  II.  10:  K.s.  I1.1l':K.S.  |).  hat.  histancr  ran.  M(i. 
J.atitndc  i  AiT.)  :.]    -:.!'.     Lonuitndr  (  Acr.)  I.5L'  -.'.4'  W 


Satnrdav.   I'ml    .Inlv.    iss^ 


.1.  M.     \\.'2'.    K.  7:   Cmhscs,  WNW 


Winds,  Sontli :  licinarlvs:  l-'rcsli  hicr/i' and  tldt-k  misty  wcalhcr.  II. 
4:  K.T.  II.  <•:  K.T.  II. S;  K.  «»:  I'assin^i  sliowrrs  of  dri/./.lin;;- rain. 
II.  1(»:   K.«i.     II.  IJ:   K.(;:   W  inds.  SSW  .     II. i':   K.  (»:  Coiirscs.   W  «si : 


I'.M.      C'iuadv  wratlirr.     II.  I:    k 


Il«'avv  SW  .  sw»'ll.     II.  li 


II.S;   K.«;.     I!.l(»:  Iv.  ■".,     II.  IL':  K.(i:  SIm»w«tv.     Latitmir  (Ac 
N:  (OI»s)  .U-d  N.     Lun-itnde  ((H»s)  I.Ti  -10' 'W 


Snmlav.  -Ud  .Inlv.  issi 


A.  M.   II.  L':    K. 


<'(>nrs<'s,  W«'st ;  Wind? 


SSW:  St  I  nails  wcatlicr  ami  passin^i'  sliowtMs.    II.  I:  K.  T;  Winds.  Sontli. 


II.«;:  K.  T:  (Mnis.s.  SW  l>  W  AW  :     WimIs,  SSK.     II.  8;  K. 


II.  Id: 


II.  I: 


Driz/lin;;  rain.     I'.  M.     II.  L':   K  S;  ronrsrs  W  l»  S; 


Wimls.  S.K,:  Stinnji  IntM'/c  and  (liirk  wcatlirr.     II.  1:  K.S.     II. Jl;  K.S; 
Remarks  :>    llandrd    .Mainsail  and  thin;;  .lilt,  and    donldc  rcet'cd    tin- 
foresail.     M.S;  K.d:  Winds.  Kast.     il.  10:  K.."»:  WimIs,  SK:  II.  IL':  K. 
.'•:  Winds.  .Suntii.     Mistani  e  inn.  l.">r.     I -at  it  nde  (Aee.)  ."rP-l."*'.     Lou 
;;itnde  lAre.)  i;;!P-."»4'  W.     'riierinoiiH.ter  (Noon)  MlMh,  (S  p.  ni.)  liU.m. 


Mondav.  Itli.lnlv.  iss; 


.1.1/.     II. 


K.4:  Conrses.  W.  l»S;  Wimb 


SIO:  li^lit  wind  and  tloiidv.  a  liiuli  eross  sea.  II.  I:  K.4.  Il.«!:  K.4: 
Winds.  Variable.  II.  S; "  K.  I :  S.|nally.  II.  I(»:  K.4.  II.  IL';  K.4: 
Noon  li^lit  wind  iV  lia/y.  II.  if:  K.4:  Conrses.  Sontli:  Winds.  West; 
/'.  .li  .  I'leslieiiin^  liieeze  and  elear.  11.4;  K.  I;  Winds,  WSW:  Set 
all  sail.  II.  (I:  K.  .'»:  Tacked.  II.  S;  K.  «i:  Courses.  W  l»  N.  II.  Id: 
K.T;.  II.  iL':  K.(i:  Midiiiiilit  weather  elondinii  np.  I.alitnde  ((Mis) 
Iion,i;itmle  lOhs)   1 4.'!. .'So.      Thenmtmeter:  4  a.m.  L'l>. <».".;   Noon, 


L".».S(»:   S    |».  III.  ;{(MI(». 


Tm 


s<ia\ 


."(th    .Inlv.    iss'; 


A.    M.     II. 


Conrses,     West 


Winds.  Southerly :    I'ine  l»ree/.e  with  i»assinji  showers.      II.  I;   K.T.   II. 


«:    K.  T:  Courses.   WSW.     II.  S;   K. 


Thick  weather.     II.  Id;    K. 


I''r<'sh   l»ree/e  and   hiuh   Woterlv   swell.     II.   iL':    K. 


( )m'    reef  in 


.Mainsail.  II  L':  K.  T;  1*.  .M.  Stitm^i'  hree/.e  and  hi^fh  head  sea.  11.4: 
K.  <i;  I.  Deereasinji  wind.  II.  (I;  K.  (•:  «».  L«'t  reef  ont  <d"  Mainsail. 
II.  S:  K.  «;:  Winds.  Sonth.  II.  10;  K.  0;  II.  li';  K.  0.  I.atitnde 
(.\ce)  .'»(»  -14'  N.  Loii;:itMde  (Ace)  14T.10  W.  Thermometer:  4  a  m 
.■!0.0."i:  Noon,  ;;<MO:S  |».  ni.  .'lO.lO. 

Wednesday.  Otii  .Inly.  issT.  .1.1/.  II.  L';  K.  .".;  Conrses,  SW  .\  W; 
Winds.  SSK:  l>ccreasiii;;  wind  and  clear  weather.  II.  4;  K.."»;  Winds, 
East.  Il.«>;  K.4;  Winds.  N.K.  II.  S;  K. 
sea.  II.  10;  K..»;  Saw  a  lew  seal,  lowered  a  canoe  without  sticcess. 
II.  IL':  K. 

SW  .i  W;  Winds,  NoitliMy:  /*.  .1/.  Liyiit  wind  and  (air  weather  tliron;;li- 
ont.  "Jl.  4:  K.  ."».  II.  o';  K.  ."i;  Saw  no  seals.  H.  S;  K.  ."i.  U.  H»: 
K.."».     II.  1-:   K.d.     Latitude  (Obs)  uO.  L'O    Ltmgitude  (Obs)   l.">0^.  O 


Li;;lit  w  ind  and  smooth 


Mai  tin  .lohn.son.  lioat  |»nller  laid  np.     ILL';   K.4:  Conrses, 


W.     Uai 


ometer  .'iO.lo 


14 


LOO    FiOOKS    OF   SEALING    VF.8SKLH. 


57!) 


Tlmrsdiiy,  7  .Inly,  18H7.  II.  2;  K.  «J;  Courses,  SWAW;  Winds, 
WNW;  liij;lit  wind  and  cloudy  woaHnT.  II.  1;  K.  <>.  II.«r:K.«;,  II.S; 
K. ."»;  Saw  lonr  sciils  in  thr  foiendcni.  II.  !(►:  K.  I ;  (Jlraiinj;' s|>a(•('f«•^ 
sllltinJ,^  il  1*J:  K.  ;5:  Winds,  W.-sf.  11.2;  K.  1;  (ionises,  SSW;  /'.  .]/. 
Iii;,'lit  wind  and  (dear  wfatlu'i'.  II.  4:  K.  ."».  II.  (!:  K.  .»;  Maitin  Joliii 
son  laid  up.  II.  8;  K..{;  t'ouiscs,  NXW.  IT.  10:  K.  [.  II.  iL';  K.  .5. 
Latitude  (Oiw)    .m.L;   N.     L»Mi<,ntude  (Obs)  I."i;5  -|;J   VV.     I'.aronn-ter: 

■,m:2i: .!(»..{."»; ;;(».  Jo. 

Friday,  Stii  .Iidy,  LSST.  A.  M.  II.  2:  K.  .!:  Conises,  XNNV:  Winds, 
West  I{e;:ins  with  li<;lit  wind  tS:  el  ar.  II.  t;  K.  :>;  i  II.i/v  -.Made 
Tou;;idak  Island  abrani.  II.  «»;  K.  2:  (Jouises,  West.  II.*  S;  K.  1; 
<"oiirses.  WSS;  s  Cloinly  Os:  dii/zlin;;:  rain.  II.  M»:  Courses.  Calm; 
Noon  sanio  weather.  II.  12;  Can;>ht  siune  eodlisli  «.V  haliluit.  II.  2; 
r.  M.  ('aim  and  li}>lit  <'atspa\vs  tliroujj^lKUit.  II.  (>;  Martin  Johnson  on 
tlie  siek  list.  II.  S;  Uaiu.  Latitude  ( .\ei)  .■»r».20  \.  Loii«'itude  (Aee) 
|.M.;!2  W.     Ilarometor:  .{O.l.". ;.'»(►.:»(»;  ;5(Mm 

Saturday.  D  July,  ISSJ.  A.  M.  2.11..  Wiuds,  Calm,  ('aim  rainy 
weather.  II.  H.  Clear,  Martin  Johnson  laid  up — sull'erin.i;  intense 
aji(Uiy.  P.  .M.  r»e;4ins  with  calm  weatlM'r.  II.  «»;  Winds.  SW  1>  S;  (J, 
Li<;ht  airs  ami  elear.  II.  S;  Cours«'s,  SSIO.  Latitinle  (Ohs)  .■><P-2;». 
Lon-iitude  (Ohs)  L"»."».|.'».     Thermometei',  1  a.  m.  .'!.     Ilaronu'ter:  .'JO.TO 


i(».7: 


lo.so. 


Sunday,  HMli  July.  1S87.  11.2;  Courses,  SSI'.:  Winds.  SW  1>  S; 
A.  M.  Lij;ht  airs  and  elear.  Martin  J(dinson  laid  up.  sutlerinu  sescrely. 
Sent  ( 'anoes  on  .\u;;'amok  Id.  for  watei-  hut  were  unable  t(»  pi<»cure  any. 
11.12;  K.  I;  Conises,  WNW;  Noon.  Tleasant  breeze  Cloudin^i  up 
in  SW.  II.  2;  K.  1:  I'.  M.  Pleasant  bree/e  and  eloudy.  II.  l:K.o; 
-1,  Tacked  to  Southward.  11.(5;  K..");  (. 'nurses.  SIC  1»  S;  Martin  .lohn- 
son  laid  up.  II.S;  K.  (»;  lla/v  weather.  II.  10;  K.  fl;  Courses,  SI-}. 
II.  12;   K.(J;  Tacked  to  West  ward.      P.aioiueter :  .ilt.S.-);  :',(».!t2:  M);  .<)(». 

Monday,  11th  July.  LSST.  II.  2;  K.  <J;  Courses,  Wb  S:  Wiuds.SW 
b  S;  A.  M.  Iiiei'easiun  wiinl  and  tlnck  weather,  II.  I;  k.ti;  Winds, 
Soutiriy.  II.  »»;  K.  (»;  Courses,  WSW;  IWisk  wind  and  lia/y.  A 
SW  swell.  II.S:  K.  (i;  Martin  .lokns<ui  still  on  the  sick  list.  I'l.  10; 
K.O;  F.  1;SWAW:  Kh.'.Om.  Li-lit  house  Ifoeks  NW  b  X  (i'.  11.12; 
K.  (i;  l'\  t;  Courses.  SW;  Winds.  SSI-'.;  Passing- showers  of  dri/zlin;^' 
rain.     II.  2;   K.  «»;  (J  mrses,  810   A   S;   P.   M.     Decreasing' wind   thick 


weather.      II.  I;    K.  (».      II.  0;    K. 


II.S;  K.2:  Calm.     II.  10;  Wimls, 


Calm.     Latitude  ( .\cc)  .■»."».;!2  N.     L(m;iitnde.  ( Ace)  ITiT.lO  W.     Paiome- 

ter:  ;»o.s.*»:  ;{o.7:»;  ;i(».«;s. 

TiU'sday,  I2th  July,  1S87.  II.  2;  Winds,  Calm.  A.M.  Calm  at  the 
beuiinin;;'  with  thick  rainy  weather  throuiiliout.  Maitin  Johnson  still 
on  the  sick  list.  S  .\.  M.  Liuhl  wind  and  rains .  II.  10;  K.  2;  Conises, 
SSW;  Winds.  NNK.  II.  12;  K.2.  11.2;  K.  I;  P.  M.  Li-ht  wind 
and  rainy  weather.  11.4;  K.  1;  1.  Made  tin- Shiimauiii  Islands  ahead. 
Il,t»;  K,  .'{.  II.S;  K.  1:  Winds,  Calm;  S,  netweeii  Little  Komsishi  iS: 
Simeonof  Ids.  II.  12,  Calm.  Latitude  (.\ec)  .V»M2'  N.  Lon-;itudc 
(\vv)  l.*)S  ..■..••,  W.     Barometer:  .Ut.OS;  ;{0..'>S:  ;;o..V>. 

W«"dnesday,  l.'tth  .inly,  1SS7.  11.2;  Calm;.\.M.  Deadcalm throu^ih- 
out.  Ib'ad  hunter  ami  Indians  went  ashore.  Martin  Johnson  laiil  up, 
jicttinji' better.  Noon  Itecalmetl.  P.  M.  P>ej;ins  with  calm  and  clear. 
Il.«»:  Iv.  -;  Courses,  SV\'  bS;  Winds,  Southerly;  lla/«'  rising;-  in  the, 
South,  II, S;  K.I;  S  hLij-htairand  ha/.v.  11,10;  K.  1 ;  K..'»;  11.12; 
K.2;  Midnight  thick  haze  N.  W.  Knd  of  Hird  Id.  SK  4  miles,  Lati- 
tud<' (Ace)  ."il  .."iO' M.  Loiiijitude  (Ace)  loll,2S  W.  iJarumcter:  uO.oOj 
30,00;  30.57. 


I» 


t    ::y 


i»2,'!i 


0iifl 


i'l ,  ' 


■V'l 


!?,   •    I 


'SC 


s 


180 


LOO    HOOKS    or    8F,\F,I\0    VESSKI.S. 


■riinis(l:i,\.  lltli.liilv.  1SS7.  II,  J:  K.  I  ;  ('miiis.-s.  S\V  I>  S;  Wiii.U. 
SI):  A.M.  I,i;;lit  uiiMl  iiihI  Im^;;,\  wciillu  r.  II.  I:  K.L'.  II. (1;  K.i; 
Miirtiii  .loliiisMii  liiiii  lip  iiiiproN  inn.  II.  S;  K.."i;  l-'icsliciiiiiii  wiiid  with 
ofr;i>imi;il  tliirk  It);:'.  11.10;  K ..'.;( "oiiisrs,  .SW.  II.  IL':  K..".;  Wimls, 
KSK:  Noon  same  wiMllirr.  II.  J:  K.  (•:  l\  M.  I'iiu' lure/)' iiii(||i;i/\ . 
II.  t:  K.«»:  At  .">:.■»(>  |»;is>ct|  s(1im;»iht  "AlfN  iimU'i"  iit  iiiirlior.  II.  (1; 
K.«»:  Ko^xiL'.N  \v»;itli(r.  II. S;  K.7.  II  10;  K.!>:  K'.iiii.  II. iJ;  K.li; 
Winds.  Kiist.  I,:itilii(l.'  (Ace)  rtV.W  N.  I.on-itn.h' ( .\('»)  l(»(P.r.'  W. 
r.iiroiiM'trr:  :'A).Xt\  .•'•0.;{."t;  .{(MMI. 

riitliiy  ir.tli.liily,  1SS7,  ll.'J;  K.  7:  i'oiirscs.  West;  Wintis,  Kiisi ; 
A.  M.  Kiiit'  lM('»'/.t'  iind  liiiiiy  WiMtlicr.  II.  I:  K.  7:  Winds,  SK;  'I'liick 
to;>'.  II.  II:  K.(S:  Miirtiii  .loliiisMii  on  tlM>  siriv  list.  II.  S;  K.  (1;  Sr.Ti,  In 
Oiminiiik  pass.  Tliirk  f..-.  II.  H>;K.;5:  Winds.  Calm:  H>  Talm.  II. 
I'J:  Winds.  SW:  Notm  fivsli  SW  iMiHV.rand  In^j^y.  II.  if;  K.  .">;  Courses, 
WNW:  r.  M.  Kivsli  linc/r  and  rainy  wcatln'r. '  II.  I;  K.."».  11.(1:  K..".; 
At  <»  Ilandi'd  Mainsail  \:  .lil).  II. S:"  K.;{.  ||.|(>:  K.."»:  Coiiiscs,  Wi>i ; 
Midni;;lit  tliit-k  and  rainy  wratlicr.  II.  IL';  K.;{.  I.atitiidr  ( An-)  "'l  .M)' 
N.  Lon-itiidc  i.Vcciit;*»  .";;•_"  W.     IJarnin.'icr:  L.".».S(h  l'!».S0;  l'!».S.-». 

Saturday  Mitli  .Inly,  ISS7.  II.  l';  \\.  :i;  Coiirsrs.  W  b  S;  Wiinh. 
Sniitlirriy ;  A.M.  Dt'crrasin^f  w  ind  ^S:  lliick.  II.  1;  K.  .">.  II.  (>:  K.L'; 
Martin  .lolinson  laid  lip.  II. S;  K.L':  A  liravv  vM'stnly  swell.  II.  Hi; 
K.I.     laj-lit  wintKS;  lia/.y.     II.  L':   Win.ls.  IISK:   P.  M.     At  lli  L(t\v.nd 


all  Itoats  iV  ranoe 


In  tlu'  oxeiiiii"'  canoes  retiinied  with  32  Seal> 


II.  ti;  Winds.   NIO:  'I'liiek  lia/.y  weather   and  a   heavy  swell  t'roiii  the 
SW.     Latitirie  ( .\ee)  .V»  .IS'  N.     I.oiinitinU' (.Vec)  l(»7  ..">    W.    liaroine 
ter:  21>.st>:  l".».so:  l".>.!KI. 

Sunday  17th  duly,  1SS7.  II.  l';  K.  "l:  Courses.  SW  1>  W;  Wimls, 
NK:  .\.'  M.  Iai;lit  wind  and  tliiek  iia/y  weather.  11.  I;  K.  L'; 
Courses.  North:  Winds.  IINK;.  II.  <1:  K.  L';  Coin  ses.  N(Mth  Winds. 
Nortli:  Thiek  t'o^i  at  times.  II.  S;  K.L';  Couisi's.  NW  l»  W;  Winds. 
North:  At  S  h  li'iweied.  II.  1(»:  K.  1;  Clear  iS;  f.>j;i:\-  at  intervals. 
il.  IL':  K.  1:  Martin  .lohnson  laid  up.  II.  L':  K.  L':  cimrses.  WNW; 
Winds.  North;  1'.  M.  Troiii  1  h  to  L'  h  Very  thiek  to-.  II.  I:  K.  .;: 
At  L'  h  (!aiioes  went  olV  auain  >N;  lelinneil  witli  <»•!  seals.  Il.tl;  K.  L'; 
II.  S;  K.L':  Winds.  N.W.  il.  lt»;  K.  L':  Courses.  NW;  Winds,  SK; 
la^ihr  air  and  thi<k  to-.  11.  IL';  K.  1.  Latitude  iOits)  .V.  .;j|'  N. 
I.<»ii;;itude  it)l>si  1(17   ..T)    W.      l»aroiinler:  .iU.Kt;  iltt.L'K:  :H\..UK 

.Monday  istji  ,hily.  lss7.  II.  _':  K.  I:  Courses.  NW:  Winds,  SK: 
A.M.  Li;;ht  airs  and  thiek  l'o<r.  II.  l;  K.L':  Mart  in  dohiison  laid  up. 
II.  «>:  Thiek  to;;-.  W  s  L,.we  ed.  11.  I0;  K.  I;  Winds,  Soiit  h ;  Ko;; 
siiiiial  e\t'i\    half    hour, 


11.  IL':  K.  L'.  II.  L';  K.  1:  Courses  SSW 
Winds.  SI'):  r.  M.  I-'resheiiin;;-  wind  and  thiek  coii^itaiit  to;;-.  Canoes 
retiirneil  at  Ih  with  Hi  seals.  II.  I;  K.I.  II.  (•:  K.  ."»:  Winds.  SSK: 
Set  .Mainsail  II.  S;  K.  L';  Courses.  Kist:  .\t  0  fell  in  with  the 
''Mary  Klleii".  II.  !(»:  K.L':  II.  IL';  K.  .I;  Midiii-ht  hrist  -ale,  lyiiij: 
to  under  the  foresail.  Lat  itiide  { Aec)  .V».."»i  N.  IiOiij4itude(  .Vee  |  l'**^  •"• 
Harometer:  .'.(►.;$:.:  ;5t».  r»:  .to.  t:». 

.Moiidav  l".»th  of  .Iiilv.  ISS7.     II.  2:   K.L';  Courses.  Kast :  Winds.  SIC; 

II. 


A.  .M.  Stroll;;  ;;ak' and  thiek  rainv  weather  throughout.  II.  I:  K. 
<>:  K.L*:  X(»l)oatsout.  II.  S;  K.L'.  II.I(»:  K.L'':  Courses.  S  l»  W.  II. 
iL':  K..J::  I'.  .M.  Stioii^- hreeze  and  raiiiv  weather.  II. L':  K.L'.  II.  I; 
K..5.  II. tl:  K.L*.  II.  S:  K.  L'.;  ("leariii-  up.  11.10;  K.L';  Winds, 
Soiitli:  Wore  ship.  II.  12:  K.  2;  Course's,  SIC  1»  K.  Latitude  (.Vee) 
5."»..V»  N,     Loiiy^itiide  (.\ee)  HJ7..".«».     IJaiometer:  ."JtK.iS;  30.L'*»:  ;50.Io. 

Wednesday.    20    .Inly.    ls.S7.     II.  2;    K.  2:    Courses,    KSK;    Winds, 
Soutlij  A.  .M.     Strong  breeze  and  cloudy  wi-ather.     11.4;   Iv.  2.     Ll.  0; 


LO(i    HOOKS    OF    SKA  1,1  NO    VESSKLS. 


fjHl 


K.L':  Im)u;;.v  Mt  tiiin's.  11.8;  K.J;.  II.  Id;  K.L';  No  l«»iifs  out.  Il.li,': 
K.  2:  Coiirsrs.  SW  l»  W  .  II.  L';  K.  I;  P.  M.  Slu.n;;  Invv/.v  :iii(l  loji-v. 
II.  I:   K.I:   NN  .   I'iiikcr  JMwru'd  w  itlioiit  success.     Il.(»:   K.I;  (nurses, 

SM  It  S:  Winds.  SW  .     II.  S;    K.  I  ;     .\  luvtvy  swell  IV Ilie  weslwurd. 

II.  I«»:  K.I.  II.  IL':  K.  l;Tliiek  wentlitM'  iiiid  li;;lit  wind.  I.:ititiide 
(Ar(').V».5l  N.     lA.njiitilde  (.\n')  H»7   .."»S'  W.     Iliiioineler:  ci(M»»;  .'.O.lO; 

;;(».IL', 

Tliinsdiiy,  L'l  .Inly.  ISST.  II.  -J;  K.I;  r.nirses,  KSIC;  Winds.  Sniilii ; 
A.  .M.  I,i;ilit  :ind  l'o;;jiy  weiillier  iind  ii  hi;ili  eiuss  se;i.  Il'<;  K.  I; 
Cunises.  WNW;  At  »i''  W  .  I'iukei  lowered.  II.  S;  K.I;  .\t  l(>.;!()'" 
the  Indiiins  loweied  tlieir  eiuioes.  II.  Id;  K.  I;  Miii'tiii  .lolinson  >iek 
inlted.  II.  IL';  K.  I ;  l'o,i;-y  iit  inteivids.  II. L';  K.I:  Winds,  WNW; 
r.  M.  lAixUi  iiirs  iind  iiii/.\.  II.  I;  K.  I.  II.  <l;  K.  1;  .\  selioonei-  in 
si;:lit  to  tlu' nortliwiinl.  .  II. S;  K.I;  ( 'nnoes  letnined  wiili  (17  seids. 
II.  Ill:  K.  I;  Winds.  North.  II.  \'2:  K.  I;  l.i;;iit  :iir.  Liititnde  (Ae(  ) 
•  M.I.S  N.     Lon;;itnde  (.\ee)  HJ7   ..'.S' W.      Hiii'onn'ter  .•!0.;iS;  ;;d.|."»;  .•50..V.. 

Friday  L'l'nd  .Inly,  ISS7.  II. -J;  Winds,  ralin;  A.  M.  Wvn'ius  with 
<-:dni  and  I'oj^yy.  II.  I:  K.  I;  Wiinls.  Mast;  li;iht  airs.  L(»wered  all 
lioats.  II.(i;k.  I.  II.  S;  K.  I ;  .Martin  .lohnson  stilllaid  np.  II.  Id; 
K.  1;  .\t  noon  had  Idl  seal  on  Itoard.  II.  I-;  K.  I;  Winds.  Sonth ; 
Clear  weather.  II. L';  K.  I  ;  Tonrses.  SI);  Winds.Sonth:  P.M.  I,i-ht 
air  and  elear  weather.  II.  I;  K.  I.  II.  (»;  K.  I;  Total  raleh  lid.!. 
II  S;  K.  I.  II.  Il»;  K.  I;  Moderate  Inee/.e  and  thiek.  11.  IJ:  K.  I; 
Courses,  NW.  I.atitnde  (Olis)  .V...;:.'  N.  hmi^iitnde  (Aee)  H»7.l."»  W. 
I'.ait ter.t0.7d;  .■5d.7:»:  .".d.7d. 

Satnrday  2'2  .Inly.  IS,S7.  II.  L';  K.  I;  l\  I;  Conises.  Si:  1>  K; 
Winds.Sonth;  A.M.  Moderate  In  ee/e  and  ro;:-;y.  II.  I;  K.  I ;  I'.  1; 
ionises.  SW  liW.      II. (i;    K.I;    I".  I.      II. S;    K.  l';   K.I:  Same  weal  her 

all  lorei n.     II.  Id;   K.  I;   I'.  »:  ronises.  SK  I.  K.     II.  iL';   K.  1;   K.  I; 

No   lioats  ont.      11.2:    K.  I:    I-'.  I;  Courses.  SW  I.  W;    P.  M.  IModeiate 
l.ree/eand  dii/./Iinu  rain.     II.  I:   K.  I:   V.  I;   II.  d;   K.  I;   P.  I.     II.  S; 
K.  1;    P.  I;  Conises.    KSK;    lleav.v    lain.      II.    Id;   K.   I:    P.I.     II.  IJ: 
K.I:   I".  I.     Latitude  (()l»s).V»  .L'7.     liOiijiitinU' ( Aec)  Id7   .!."•'  W.      Pa 
loiiieter  ;)d.7l,':  .'id.dli:  ;;d..V». 

Siindav  I'.*  .Inlv,  iss7.  II.  L':  K.  -:  I":  A.  M.  lAahl  aiis  \  lain. 
At  L"'  Calm.  II.  i;  I'.  I:  I.  Li-ht  wind  ami  mistv.  II.  (i;  K. -:  P.  I; 
Conises  NNW:    Winds,  N'W'lv.    II.. S;    K.  1:    P.  l';  Conises.  West.      II. 

Id;   K.  I;   P.  I:   I'resh  Invo/e  and  -1 i\  weather.     II.  PJ;    K.  1:    P.  I. 

11.2;  K.  I;  P.  M.  P.risk  wind  and  thirk  hazy  weather.  II.  I:  K.  1; 
V.  4;  Courses.  SSW;  W.  Parker  lowered  lor  an  hour,  without  sm - 
ci'ss.  il.  t»:  K  I;  Courses,  NNI-);  At  <»''  .Ml  boats  out  and  returned 
at  7:;5d''  with  S  seal.  II.  S;  K.  2;  P.  I:  Courses.  SW.  II.  Id;  K.  I: 
Courses,  NIO  h  N.  II.  12:  K.  I:  Piuht  wind  and  thiek  weather.  Lati- 
tude (.\ee)  ;Vi '5.  Id'  N.  Ponuilnde  ^Ae(•)  l«!7.Ki'  W.  P.aroiiieter  .!().:»."»; 
'MKi'>r»:  ;{d.7S. 

M lay  2:»th  .hdy,  ISS7.     II.  2;   K.  I;  Courses,  NNP;   Wimis,  NW; 

A.  M.  Peyins  with  lijilit  wind  and  lo;i}ry.  II.  I;  K.  I.  II.  d;  K.  --; 
Courses,  Calm;  At  ."•''  Poweieil  all  Itoats,  .S'' Calm  and  thiek  weather. 
P.M.  Li-iht  air  and  hazy.  11.2;  K.  I ;  Courses.  SW;  Winds,  N.nth'lv. 
II.  I:  K.2.  II. (i;  K.2;  thiek  lo-.  II.  S;  K.  I ;  Total  eateh  ihisda.\^12!> 
Seals.  II.  Id;  K.  I:  Winds.  \ar.  II.  12:  K.  2;  (^mises.  Past.  Lati- 
tude. (( )lts.)  .V»  ..Id.     I -itndc  ^(M>s)   Ids  .i:»'  W.     P.aronu'ter  ;U>.S2; 

.'Id.s.-.;  ;{d.,s(>. 

Tii«'sday2(;th.lnly.  ISS7.  11.2;  K.  I  :  (%turses,  Past:  Winds.  Scmtli'ly; 
A.M.  IU';iJiis  with  li;'ht  air  and  lojiuy.  II.  I;  K.  2.  Il.f.;  K..I:  .\l  ."» 
Lowered.     II. 8;  K..'l;  At  KM 'aiioes  ret  nined  with  lour  seal.     Seal  [den- 


^ 


IMAGE  EVALUATION 
TEST  TARGET  (MT-S) 


1.0 


I.I 


■  50 


lis  m 

1^  mil  2.2 


"   IAS    ill 20 


11:25  i  1.4 


6" 


JA 


1.6 


Photographic 

Sdences 

Corporation 


33  WEST  MAIN  STREET 

WEBSTER,  N.Y.  M580 

(716)  S72-4S03 


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LOG    BOOKS    OF    SEALING    VESSELS. 


tifnl  but  sliy,  liuiiters  could  not  approacli  them.  II.  10;  K.  .3;  IT.  12; 
><'ooii  uiiidc  siiil.  >V(>iith('V  hazy.  11.2;  K.  7;  Courses,  N\V;  Winds] 
SIC;  I*.  .M.  rieasaut  breeze  aiul  cloudy.  11.4;  K.  T);  At  .'3:.' 50'' Short- 
ened sail  to  foresail  and  stay  sail.     ]!.(»;  K.  2;  E  b  X.     H.  S;   K.  2; 


X.     Longitude  i^Ace)  1080.34'  W. 


AtO''  A  steam  shij)  bound  XW.     11.  10;  K.  2;  II.  12;  K.2;  IJrisk  -ale 
and  hazy.     Latitiule  (Ace)  "mO.        --      - 
IJarouK't'er  .".O.TO;  3(».(m;  ;jO.."0. 

Wednesday  27th  duly,  1887.  11.  2;  K.  1;  F.  4;  Courses,  S  b  W; 
Winds,  SE;  A.M.  Fresh  breeze  and  hazy.  11.4;  K.  1;  F.  4.  II.  0; 
K.l;  F.  4;  Did  not  lower  in  the  forenoon.  H.  8;  K.  1;  F.  4;  Winds, 
Soutiriy.  II.  10;  K.  1 :  i'\  4.  H.  12;  K.  1;  F.  4;  Moderate  and  ha/.v. 
II.  2;  K.  2;  ( 'ourses,  South ;  Winds,  SW  b  W.  P.  M.  Brisk  wind  and 
thick  weather.  11.4;  K.2.  H.  0;K.  2;  At  .'{''  Lowered  but  without 
success.  11.8;  K.2;  Winds,  West.  11.10;  K.  5;  Courses,  SE  b  E; 
AtO''  Canoes  returned  with  three  seals.  H.  12;  K.  5,  Latitude  (Ace) 
or)0.5;{'  X.     Longitude  (Ace)  lOOo.C  W.     Barometer  .30.20  30.12;  3(1.10. 

Thursday  28th  duly,  1887.  11.  2;  K.  1;  F.4;  Courses,  XVV;  Winds, 
AVest;  A.  ]\I.  r>risk  wind  and  thick  weather  throughout.  H.  4;  K.  1; 
F.  4.  II.  (i;  K.  1 ;  F.  4.  II.  8;  K.  1 ;  F.  4;  A  few  seals  ahout,  weather 
unfavorable  for  lowering  the  boats.  H.  10;  K.  4;  Courses,  EXE.  II. 
12;  K.  4;  U.  2;  K.  1;  F.4;  Courses,  NW;  P.  M.  .Alodeiate  breeze 
and  gloomy  weather.  H.  4;  K.  1;  F.  4.  II.  0;  K.  1;F.  4;  A  schooner 
steering  to  the  Southward.  II.  8;  K.  1;  F.  4.  H.  10;  K.  2;  F.  4; 
Ccmrses  SE  b  E.  H.  12;  K.  2;  F.  4.  Latitude  (Ace)  5.50.32'  N.  Lon 
gitude  (Ace)  1(J8.13  W.     Barometer ;')0.2r>;  30.30;  30.37. 

Friday  29t h  July,  1 887.  II.  2 ;  K.  1 ;  F.  4 ;  Courses,  X W  b  W ;  Winds, 
SW;  A.  ]M.  Moch'rate  breeze  and  gloomy  thick  weather  throughout. 
II.  4;  K.  1;  F.  4;  Courses,  South.  H.  0;  K.  1;  F.  4;  West,  Courses. 
11.8;  K.l;  Winds,  South;  Very  few^  seal  visible  ft'om  the  vessel  and 
weather  unfavorable  for  hunting.  H.  10;  K.  3;  Courses,  East.  11.12; 
K.  1;  F.  4;  Same  weather  at  noon.  H.  2;  K.  1 ;  F.  4;  Courses,  South; 
Winds,  WSW;  P.  :M.  Brisk  and  dark  chmdv  weather.  H.  4;  K.l; 
F.4.  II.  <i;  K.l;  F.4;  II.  8;  K.  1;  F.  4;  Courses,  XW  b  W.  H.  10; 
K.  1 ;  F.  4;  Fresh  breeze  and  high  sea.  II.  12;  K.  1 ;  F.4.  Latitude  (Ace) 
550.32'  X.    L(»ngitude  (Ace)  107O.40'  W.    Barometer  30.35 ;  ,30.30 ;  .•J0.21. 

Saturday  ;50tli  duly,  1887.  II.  2;  K.  1 ;  F.  4;  Courses,  Simth ;  Winds, 
WSW;  A.  M.  Brisk  gale  and  dark  cloudy  weather  throughout.  II.  4; 
K.l;  F.4.  ILO;  K.l;  F.4.  II.  8;  K.l;  F.4;  Oidy  a  few  seal  visible 
from  the  vessel.  H.  10;  K.l;  F.4;  Sea  too  r(  nigh  for  lowering.  11.12; 
K.  1;  F.  4;  Xoon  Wore  shi]).  IT.  2;  K.  1;  F.4;  P.  M.  Strong  breeze 
and  chmdy.  II.  4;  K.l;  F.4;  II.  (»;  K.l;  F.4;  Decreasing  wind. 
IL  8;  K.l;  F.4.  II.  10;  K.  1 ;  F.  4.  II.  12;  K.  1;  F.4.  Latitude  (Ace) 
5501 4'  X.     Longitude  (Ace)  l(»7o.2(;'  W\     Barometer  .{0.27 ;  30.;57  ;30.43. 

Sunday  31st  -luly,  1887.  U.  2;  K.  1;  F.  4;  Courses,  South;  Winds, 
SW;  A.  M.  Moderate  breeze  aiul  cloudy  Aveather.  II.  4;  K.  1;  F.4. 
II.  0;  K.  1;  F.4;  Courses,  WXW.  11.8;  K.l;  F.4;  Lowered  without 
success,  only  3  seal.s.  11.  10;  K.  4;  F.  4;  Courses,  XW  b  X.  II.  12; 
K.  4;  Cloudy  with  passing  showers  of  drizzling  rain.  H.  2;  K.2;  F, -; 
Courses.  X.  W  b  X.  P.  M.  Fiesh  br<'eze  and  rainv  weather.  II.  4; 
K.5;  Courses,  WbX;  Winds,  SW.  ILO;  K.  5;  C<mrses,  West.  II.  8; 
K.  5.  IL  10K.4.  H.  12;K.3.  Latitude  (Obs)  550.55' X.  Longitude 
(Obs)  IO70.IO'  W.     Barometer  .30.45;  30.40;  .30..30. 

Monday  1st  August.  1887.  II.  2;  K.  3;  Courses,  SE;  Wind  ,  SW; 
AM  Brisk  wind  and  rainv  weather.  11.4;  K.. 3.  H.0;  K.  3;  F(»ggy  at 
times.  II.8;K..3.  II.  I'o^  K.  4;  Ctmrses,  WXW.  H.  12;  K.  4;  De- 
creasing wind  an<l  cloudy.  II. 2;  K.l;  P.M.  Light  wind  and  ch>udy. 
U.  4;  K.  1;  Lowered.    II.  0;  Courses,  Caliu;  Catch  this  day  28  seals. 


LOO  BOOKS  OF  SEALING  VESSELS. 


i) 


83 


IT.  S;  VViiuIs,  Xortli.  H.  10;  K.l;  P.  4.  11.12;  FC2;  Midnijilit,  li'slit 
wind  <Si  tiiu'  wt'iitlier.  Latitude  (Ace)  M^.S'  N.  Lonij^itiide  (Aee) 
Kiso.l.-i' W.     IIaroiiu'tei;U>.20;  ;{(►.!.");  ;}0.1.->. 

Tuosdav  2nd  Anj^ust,  ISST.  II.  2;  K.2;  Courses,  XK;  Winds,  Xoitli; 
AxM  Lijiht  air  and  tine  weatlier.  11.  4;  F.4.  II.  «;  F.4.  11.  S;  K.l; 
(^mrses,  SK;  At  <S  ''  hnvcred  without  success.  U.  10;  K.4;  At  10  ''  too 
nuieli  wind  tor  huiitiu};.     Made  sail  sliaped  a  Oonrse  to  Soutliward. 


II.  12;    K.  S;  (' 


S8K;  Winds,  N\V 


II. 


K.  S;  P.M.     Sti 


ler. 


>iiw  a  tew  seals 


ourset^ 
breeze  an<l  liazv  weat 

irom(> '"  to  8  ".  'll.  S;  K.  8;  Winds,  WXW;  8''  Iliinded  mainsail  and 
Jibs.  11.10;  K.  5;  Winds,  West;  At  11"  lyins  to  under  foresail.  II. 
12;  K.  4-1;  F.  4;  Courses,  SW.  Latitude  "(Ace)  rKP  .40';  (Obs)  "mO 
.:>{)'.  L(nij>itiule  (Ace)  107°  .55'  W;  (Obs)  Um^.IO'  W.  Barometer 
30.07;  30  10;  30.15. 

Wednesday,  3rd  Auj?ust,  1887,  II.  2;  K.  1;  F.  4;  Courses,  South; 
Winds,  SW;"  A.  M.  Moderate  bree/e  and  hazy.  II.  4;  Iv.  1;  F.  4; 
Courses,  W  b  N.  II.  0;  K.l;  F.  4;  At  5''  Lowered,  Seals  in  siffht. 
H.  8;  K.  1;  F.  4;'  Courses,  South.  IL  10;  K.  1;  F.  4.  H.  12;  K.  1; 
F,  4;  Courses,  W^XW;  Xoon  thick  foj;- Canoes  returned  with  45  skins, 
II,  2;  K.  3;  Courses,  XW  b  X;  P,  M.  Moderate  breeze  and  fojijiy  at 
times.  II,  4;  K,  3;  At  2''  Lowered  again.  II.  (i;  K.  1;  F,  4;  Courses, 
WNW;  Catch  this  day  51  seals.  II.  8;  K.  2.  IL  10;  K,  2;  Piissins 
showers  of  drizzlinj>- rain,  11,12;  K,  2;  (Jourses,  West,  Latitude  (Ace) 
54^  .23'  X.  Longitude  (Ace)  107°  .35'  W.  Banuneter  ;i0.37;  30.45; 
30.48. 

Thursday  4th  August,  18S7.  II.  2;  K.  1 ;  Courses,  SE;  Winds,  South ; 
A.  M.  Light  winds  and  cloudy.  11,4;  K,  1;  Courses,  West;  II,  0; 
K.  2;  Courses,  South;  Winds,  FSE;  At  0"  Lowered.  Wind  light  and 
snmll  rain,  H,  8;  K,  3;  Courses,  SSE;  II.  10;  K.  2;  Courses,  SSB; 
Winds,  East;  At  10''  Canoes  returned.  Wind  hiving  increased  with 
short  Juiui)  of  a  sea,  and  heavy  rain, 
Xoon  brisk  wind  and  cloudy,  II,  2; 
Strong  breeze  and  rain,  H.  4;  K,  3;  . 
turned  at  (V'  with  1  s<'al,     H.  (5;  K,  1; 


day  41  seals,     IL  8;  K,  1;  F.4.  IL  10, 

in  sight  steering  SK.  IL  12;  K,l;  F.  4. 

tude  (Ace)  l(i7,40  W,    Barometer  30.50;  30,47:  30.25 

Friday  5th   August,  1887.     IL  2;  K,  1;  Courses,  XF;  Winds,  East; 


II,  12;  K.  2;  Cmuscs,  XXE; 
K,  2;  (bourses.  South;  P.  M. 
Vt  4"  W.  Paiker  lowered  &  re- 
F.  4;  Courses,  XE;  Catch  tiiis 
K.l;  F.  4;  Midnigiit  a  steamer 
Latitude  ( Ace)  54'2.20'.     Longi- 


A.  M.     Light  wind  &    fine  weather.     IL  4;  K.  1;    At  4.30 

1;  Courses,  X^W;  Spoke  Schooner 


Seal  in  siglit.     II.  0; 
Algar."     IL8;K.  1. 


K. 
II. 


Lowered. 
"Allie   I. 


10;  K.  1;  At  10'' one  canoe  returnd  with  13 
seals.  IL  12;  K.  1;  Winds,  SSW.  IL  2;  K.  1;  P.M.  Light  wind 
tine  weather.  II.  4;  K.l.  II.  0;  K.  1;  (P'  Uain.  II.  8;  K.  1;  Catch 
this  day  131  Seals.  11.10;  K.l.  11.12;  K.l.  Lititiule  ( Ace)  54"^  .15' 
N;  (Olis)  54.15.  Longitude  (C-bs)  107°  .4.5'  W,  IJarometer  30.12 30.15; 
30.17. 

Saturday  (»th  August,  1887.  H.  2;  K.  1;  Courses,  SE;  Winds, 
Scnitherly;  A.  M.  Light  wind  and  rainy  weather  tiu'onghont.  II.  4; 
K.  1;  Courses,  SW;.  IL(»;  K.l;  Courses,  SIC;  \'ery  few  seal  in  sight. 
Three  Canoes  &  W.  Parker  lowered.  II.  S;  K.'l.  U.  U);  K.  1; 
Courses;  SW;  At  10''  all  i-anoes  lowered.  II.  12;  K.  I;  Xoon  rainy 
weather.  II.  2;  K.  1;  P.M.  Light  variable  wind  oc  cloudy.  II.  4; 
K.  1;  Winds,  XE;  4  Wind  shitted  to  XE  witli  heavv  rain.  II.  0;  K. 
I;  Catch  this  day  42  seals.     II.  8;  K.  1;  Winds,  North.     II.  10;   K.  1; 


Courses,  WSW.     11.12; 
(Aec)   54^.18'  W.     " 
30.15;  30.08. 


K.l, 
L(Higitu<le 


Winds,  NW;  Kainv  weatiuM-.     Latituch' 
(Aee)    1070.50'  VV.     Barometer  30.10; 


3     1 


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LOO  BOOKS  OF  SEALING  VKSSELS. 


i!     i 


Sunday  7tli  Au<>ust,  18S7.  II.  2;  K.  1;  Courses,  SW;  Winds,  West; 
A.M.  !Sti<)nf'  l.i('('/A' and  rainy  wciitluT.  11.4;  K.  1 ;  4h  Clearinjj;  up. 
Il.<);  K.  1:  H.  S;  Iv,  2;  Courses,  SK;  Clear.  11.10;  Iv.  2;  Courses, 
I'.ast.  II.  12;  K.  2;  (Jourses,  Kast;  Xoon  clear  weatlier  and  fresh 
breeze.  H.  2;  K.  2;  Courses,  NXVV^;  l\  M.  Moderate  breeze  aiul 
eloudv.  II.  4;  K.  3;  At  41i  lowered  and  cauf>hf  S  seals.  II.  G;  K.  1. 
II.  8;'  K.  1 ;  Courses,  West.  II.  10:  K.  1 ;  Fine  weather.  H.  12;  K.  I : 
Latitude  (Aec)  54o.0(»  N.  Lonj>itude  (Ace)  Uilo.H'  W.  Barometer 
30.(M):  30.20;  30.37. 

Monday  8th  Auj>ust,  1887.  II.  2;  K.l;  Courses,  West;  Winds,  S\V; 
A.M.  Moderate  breeze  and  cloudy.  11.4;  K.  1 ;  At  .5'' lowere<l  1 1 .  (5 ; 
K.l;  Decreasiiifj  wind.  H. 8;  K.l.  11.10;  K.l;  A  schooner  in  si<;]it 
to  the  westward,  supposed  to  be  tlic  '"Allien  I.  Al<>ar".  11.12.  Noon 
Calm.  P.M.  Calm.  Cruising.  C-atch  tliis  day  1(51  seals,  which  c<nn- 
pleted  the  hrst  thousand.  II.  8;  Winds,  X(»rtherlv.  Midnight  lif^lit 
Avind.  Latitude  ( Aec)  ."»4o  20  X.  Longitude  (Ace)  1(57°  15' W.  Barom- 
eter 30.50;  30.50;  30.52. 

Tuesday  0th  August,  1887.  A.M.  Light  wind  and  cloudy.  Cruising. 
H.  4;  Winds,  Westerly.  At  «•''  Lowered.  Freshening  wind  and  pass- 
ing fogs.  II.  12;  A  schooner  in  sight.  P.  ^I.  Moderare  breeze  ami 
tine  weather.  II.  (5;  vvinds,  W8W.  Catcli  this  day  (»4  seals.  Lati- 
tude (Aec)  54°  10'  N.  Longitude  (Ace)  107°  3(>'  W.  Barometer  30.52 ; 
30.52;  30.55. 

Wednesday  10  August,  1.S87.  11. 2 ;  Winds,  S W ;  A.  M.  Ligl\  wind 
and  cloudy.  At  5''  lowered.  At  daylight  two  scliooneis  in  sight  in 
the  west  and  (me  to  the  east  whi<^h  proved  to  be  the  "Vanderbilt". 
11. 10;  Winds,  SE.  Noon  light  wind  &  tine  weather.  P.M.  Moder- 
ate breeze  and  fine  weather,  ('atch  this  dav  76  seals.  Calm.  Lati- 
tude (Ace)  54o.20'N  Longitude  (Ace)  167°  .0'  W.  Barometer  30.00 ; 
30.60;   30.60. 

Thursday  11th  August,  1887.  H.  2;  Winds,  Calm;  A.  M.  Calm 
thrcmghout  M'ith  flue  weather.  At  5''  Lowered.  11.10;  Two  schooners 
in  sight  to  the  northward.  P.  M.  Cabn  and  clear  weather.  II.  10; 
Winds,  South.  Light  wiiul  and  foggv.  Latitude  (Ace)  54.25.  Longi- 
tude (Ace)  166.40  W.     Barometer  30.'60;  30.52;  30.40. 

Friday,  I2th  August,  1887.     H.  2;  Winds,  Southerly;  A.M.     Light 
wind  and  rain  at  tlie  beginning.    4  Thicik  fog.     Sailing  to  the  East- 
ward, 
hazy. 

II.  (5;  Avinds,  SSE.  4"  Calm.  Catch  this  day  90  skins.  Midnight  thick 
fog.  Latitude  (Ace)  54°  .25' N.  Longitude  "(Aec)  166°. OW.  Barome- 
ter 30.50;  30.50;  30.52. 

Saturday,  13th  August,  1887.  A.  M.  Calm,  weather  clearing  up  at 
2''.  At  4''  30'"  lowered.  At  10''  Strong  breeze.  Canoes  returned  with 
2(»  seals.  Made  sail.  H.  10;  Winds,  SE.  Noon,  brisk  wind  &  clear, 
heavy  tide  rips.  P.  M.  Fresh  breeze  and  hazy  weather.  Working  to 
Windward  towards  the  Volcano  near  Ouninnik  i)ass.  II.  10;  Rainy 
wi'ather.  In  flying  Jib  and  mainsail.  Latitude(Acc)54°.40' N.  Long- 
itude (Ace)  165°  .30' W.     Barometer  30.4(»;  30.38;  30.30. 

Sunday  14th  August,  1887.  II.  2;  Winds,  SE;  A.M.  Strong  gale 
and  foggy  weather.  At  4''  Set  mainsail  «&  Jib,  endeavoring  to  work  in 
to  the  watering  place,  but  were  unable  to  <»wing  to  the  strength  of  the 
wind.  At  noon  wind  moderating.  P.  ]M.  At  1''  Came  to  an  anchorage 
under  the  V^oh-ano.  Indians  and  <'rew  watering  ship.  At  8''  weighed 
and  made  sail  wind  light  and  weather  foggy.     11.8;  Winds,  W  S  W. 

II.  12;  Winds,  (!alm.     Latitude (At  anchor  near  Ounimak  i)a88). 

Barometer  30.22:  30.28;  30.32. 


H.  (J;  Winds,  SW.    At  10''  Lowered.    Noon    light   wind  and 
P.  M.     Light  wind  dwindling  down  to  calm  and  hazy  weather. 


LOG  HOOKS  OF  SEALING  VESSELS. 


5S5 


]\ron<Ta,v  lotli  Auftiist,  1<SS7.  A.  ^l.  Very  lis'ht  wiiid  jind  jjlooiuy 
wcatluT  tliroiigliout.  11.  4;  Winds,  XK.  At  <J''  sill  boats  away.  -S'' 
Foft'gv.  At  10''  Two  canoes  came  alongside  with  25  seals.  Noon' hazy. 
P.  M.^lJcgiiis  with  calm  weather.  II.  4;  Win<ls  WSW;  Catch  tliis  <lay 
1<>1>  seals.  8  Raiiiv  weather.  11.12;  Strong  breeze  and  rainy.  Volcano 
SE  12  miles.    Uaronieter  3().;}0;  ;50.2r):  ;;o.l8. 

Tnesday  lOtli  Angnst,  18S7.  II.  2;.  Winds,  W  S  VV;  A.  M.  T.egins 
with  l)risk  wind  and  dark  gloomy  weather.  7''  Calm.  8''.  Winils,  Calm; 
All  boats  away.  Noon  calm  and  heavy  swell  from  the  west.  P.M. 
Calm  an<l  clear  weather.  II.  (»;  Winds,  !S  W;  Increasing  wind  and 
thick  weather.  Catch  this  dav  71)  seals,  H.  12;  Midnight  fresh  breeze. 
Off  the  N  end  ( )nnimak.     Barometer  30.ir> ;  .•'>().12 ; ;{().  12. 

Wednesday,  17th  Angust,  1887.  H.2;  Winds^  S  VV;  A.  ^l.  I)e<reas- 
ing  wind  and  thick  weather.  H.  (5;  Clear.  All  boats  away.  12''  Light 
wind  and  clear.  V.  Xi.  Increasing  wind  and  clear.  At  4''  Boats  re- 
tnrned  with  84  seals.  11.  8;  A  schooner  in  sight  to  the  Xorthward. 
In  sight  of  Onnimak  to  the  Sonthward.    Barometer  3().ir»;  30.18;  3().2.~». 

Thursday  18th  Angns\,  1887.  11.  2;  Winds,  WSW;  A.  M.  Fresh 
breeze  and  clear  weathej-.  Did  uot  lower  this  day  on  account  of  the 
wind  and  sea.  II.  10;  A  schooner  in  company  beating  to  windward. 
Noon  strong  wind  and  hazy.  1*.  M.  Strong  wind  and  clear  weather. 
No  boats  out  this  day.  Latitude:  off  Onnimak  20  miles.  Barometer 
30.30;  30.; J7;  .30.41. 

Friday  10th  August^  1887.  H.  2;  Winds,  WSW;  A.  M.  Brisk  wind 
and  cloudy.  At  11.  (»,  3(hn,  All  boats  away.  Noon  Calm  and  <'lear 
weather.  T.  31.  Calm  at  the  beginning.  Catch  this  day  123  seals. 
11.10;  Squally  and  rain.  Latitude  (Ace)  54o.r)0'  N.  Longitude  (Ace) 
10-).! OW.     Barometer  30.45;  30.45;  30.4o. 

Saturday  20th  August,  1887.  II.  2;  Winds,  NW;  A.  :M.  Strong 
wind  accompanied  with  squalls  and  showers  throughout.  H.  8;  Did 
not  lower  this  dav.  H.12;  Schooner  "Allie  I.  Algar"  in  company.  P.M. 
Strong  breeze  and  squally.  II.  8;"  Winds  NNE.  H.  12;  Hazy.  Lati- 
tude (Ace)  .")5o.5'N.  Longitude  (Ace)  105^.30'  W.  Barometer  30.40; 
30.42;  30.50. 

Sunday  21st  August,  1887.  H.  2;  Vimls,  NX  W;  A.  M.  Frj^sk  gale 
dark  gloomy  weather  and  high  sea.  No  boats  out  this  day.  P.  M. 
Wind  and  weather  as  above.  Latitude  (Ace)  55^.12'  N  Longitude 
(Ace)  1G5.;{.")5'  W.     Barometer  30..J0 ;  30.50;  .30.45 

Monday  22nd  August,  1887.  H.  2;  Winds,  North;  A.  M.  Brisk 
gale  and  ch)udy  with  high  sea.  No  boats  out.  H.  12;  Foggy.  P.  M. 
Strong  gale  and  hazy.  Latitude  (Ace)  55^5.9'  X.  Lcmgitude  ("Ace) 
1650.30' W.     Barometer  30.35;  30.25;  .30.10. 

Tuesday  23  August,  1887.  II.  2;  Winds,  North;  A.  M.  Begins  witli 
strong  wind  and  gloomy  weather.  II.  0;  A  heavy  sea  running.  11.8; 
Decreasing  wind  and  cloiuly.  Lowered  at  0''.  H.  10;  Winds,  X  F. 
Noon  light  wind  and  cloudy.  P.  31.  Light  wind  and  cloudy.  Catch 
this  day  35  seals.  1 1 .  12 ;  Tliick  foggy  weather.  Latitude  (Ace)  .540.48'. 
Longitude  (Ace)  1(;()0.48'  W.     Uarometer  .30.05;  .30.05;  30.0(>. 

Wednesday  24  August,  1887.  II.  2;  Winds,  N(nth;  A.  .M.  Moder- 
ate breeze  and  thick  weather.  H.  0;  Thick  fog  at  intervals.  At  8'' 
lowered.  Noon  fresh  breeze  and  foggy.  Catch  this  day  22  seals.  Lat- 
itude (Ace)  540.1 9'  N.  Longitude  (Ace)  1«;(P.20.  Barometer  29.95; 
29.90. 

[No.  4.— Washington,  D.  C.    July  28,  1892. 

1^^  L.  G.  Shepabd, 

[Ca2)tain  Revenue  Marine.] 


i 


THE  FUR  SEAL  OF  GUADALUPE  ISLAND,  OFF  LOWER  CALI- 
FORNIA. 


iMi 


For  many  years  it  has  been  known  th.at  fnr-seals  breed  at  Gnada- 
lupe  Island,  wheie  formerly  large  numbers  were  killed  annually  for 
their  skinfe.  Two  thousand  were  secured  as  late  as  1883,  since  which 
time  snjall  numbers  have  been  taken  nearly  every  year.  Inasmuch  as 
the  Northern  fur-seal  {Callorhiniis  ursinus)  is  not  known  to  breed  south 
of  the  I'ribilof  Islands,  but  occurs  in  winter  ott'  the  coast  of  northern 
California  and  passes  north  in  the  spring,  it  seemed  important  to  de- 
termine thb  species  of  fur-seal  inhabiting  (iuadalupe  Island.  For  this 
piirpose  an  expedition  was  sent  to  said  island  by  the  direction  of  Dr. 
C  Hart  Merriam  in  May,  1892,  in  charge  of  Mr.  C.  H.  Townsend,  an 
assistant  of  the  United  States  Fish  Commission.  Seven  fur  seals  were 
seen  near  the  island  and  one  was  shot  by  Mr.  Townsend,  but  it  sank 
before  it  could  be  recovered.  The  visit  was  made  too  early  in  the  sea 
son  to  find  the  seals  on  the  shore.  A  beach  on  Guadalupe  Island  wa' 
visited  where  it  was  known  that  a  large  number  of  fur  seals  had  bee** 
killed  a  few  years  previously  and  four  skulls  were  there  obtained.  W® 
have  carefully  examined  these  skulls  and  find  them  to  belong  to  a  spe" 
cies  of  Arctocephalm,  a  very  different  kind  of  fur  seal  irom  that  found 
in  Bering  Sea,  the  well  known  Gallorhinus  ursinus. 

J.  A.  Allkn. 

Theo.  Gill. 

C.  Habt  Mebbiam. 
688 


■V  ^}fl 


LETTER  FROM  C.  M.  LAMPSON  &  CO. 


London,  fli  Queen  Street,  E.  C,  June  13,  1893, 
F.  W.  Feigout,  Esq., 

Deputy  Consul- General  of  the  United  Sttites: 
Dear  Sir:  llefi'iTiiig  to  the  conversation  we  had  with  yon  today, 
we  beg  to  inform  you  the  averages  of  last  year's  catch  of  fur-seal  skins 
are  as  follows : 

Per  skin. 

Alaska 125».    id. 

Copper 68«.     6d. 

Northwest  Coast,  at 53».    3d. 

Yours,  truly, 

C.  M.  LAMPSON  &  Co. 

Kingdom  of  Great  Britain, 

City  of  London,  England,  ss: 

I,  Francis  W.  Frigout,  vice  and  deputy  and  acting  Con sul-General  of 
the  United  States  of  America  at  London,  England,  do  hereby  certify 
that  the  signature  "  C.  M.  Lampson  &  Co."  subscribed  to  the  foregoing 
letter  is  the  true  and  proper  handwriting  of  Emil  Tiechmann,  a  partner 
in  said  firm  of  C.  M.  Lampson  &  Co.,  a  firm  well  and  favorably  known 
to  me  as  the  leading  firm  in  the  seal-skin  industry  of  this  city,  and  that 
to  all  acts  so  signed  as  the  foregoing  full  faith  and  credit  are  and  ought 
to  be  given  in  judicature  and  thereout. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  seal  this  14th 
day  of  June,  1892, 

[SEAL.]  Francis  W.  Frigout, 

Vice  and  Deputy  and  Acting  Consul- General. 

687 


n 


THE  BERING  SEA  DISPUTE.  A  SETTLEMENT. 


By   Sir  GEORGE    BADEN-POWELL,  K.   C.  M.  G.,  M.  P.* 


iMt^ 


It  is  jyoiierally  forgotten,  liowovor,  that  this  question  of  sei/Aire  is, 
liowj'vei' j;i'('at  from  an  international  point  of  view,  a  mere  nn'nor  (jues- 
tioii  to  tiiat  of  the  industry  itself.  It  is  merely  as  to  the  lesser  or 
greater  extension  of  one  State's  autlKU'ity  over  certain  seas,  but  it  does 
not  atteet  and  ean  not  afl'ect  the  whole  oftliose  seas;  If  the  Ameriean 
<'as(^  were  (!oneeded  to-morrow  in  its  entirety  it  would  merely  mean  that 
*'  IM'lagic"  sealers  wctuld  not  be  permitted  to  lish  nctrth  of  the  Aleutian 
Islands.  This  means  that  they  would  miss  one-third  of  their  ijresent 
ealch.  But  they  wovUd  remaiii  absolutely  free  to  proseeute  by  every 
means  in  their  power  the  cai)ture  of  seals  at  sea  over  all  the  oeean  to 
the  south  of  these  islands,  wliere  already  they  obtain  two-thirds  of  their 
catch. 

The  owners  of  the  islands  complain  that  the  "  pelagic"  sealers  neces- 
sarily lose  nine  out  of  every  ten  seals  they  kill,  and  that  1)0  i)er  cent  of 
those  they  kill  are  females,  mostly  in  pup.  My  careful  local  inquiries 
shoAv  both  these  complaints  to  be  enormous  exaggerations.  But  what 
I  would  here  ])oint  out  is  that,  in  so  far  as  they  are  true,  in  so  far  the 
owners  of  the  rookeries,  by  pressing  the  one  claim  of  jurisdiction  within 
Bering  Sea,  and  making  all  to  hinge  thereon,  will  absolutely  free  and 
incite  these  ''  pelagic"  sealers  to  adopt  even  more  vigorous  methods  of 
sealing  than  thos«'  in  use  at  present.  A  cordon  of  sealing  vessels  in 
echelon,  at  the  right  moment,  across  the  Uninuick  and  other  channels 
in  the  Aleutian  Islands,  could  capture  or  scare  most  of  the  seals  Journey- 
ing to  the  Pribilof  Islands,  and  this  without  so  much  as  entering  Ber- 
ing Sea. 

As  I  have  said,  this  question  of  jurisdiction  in  Bering  Sea  is  alto- 
gether a  minor  question,  and  even  if  won  by  or  conceded  to  the  owners 
of  the  rookeries  would  mean  thatfrec^  hand  elsewhere  to  the  "pelagic" 
sealers  which  might  aiul  would  do  far  more  injury  to  the  whole  iiulus- 
try  than  even  the  worst  possibilities  of  the  present  indeterminate  regime. 

What  I  have  insisted  on  is  that,  in  the  interests  of  all  concerned,  the 
questicm  to  be  decided  is  industrial  rather  than  political;  the  material 
issue  is  not  what  rights  have  each  of  the  parties  in  international  or 
conventional  law,  biit  rather  Avhat  means  are  necessary  to  insure  the 
continued  prosperity  of  the  industry.  The  pelagic  sealers  have  undis- 
puted and  indisputable  right  over  thousands  of  miles  of  ocean.  The 
shore  sealers  haveun<lisputed  and  indisputable  right  over  the  land  and 
the  waters  adjacent  thereto.  The  mere  definition  of  a  line  of  demar 
cation  between  the  two,  however  interesting,  does  not  settle  the  ques 

*Extriufc  from  "The  New  Review,"  Vol.  iv.,  No.  21,  February,  1891,  pp.  147-149. 
588 


THE   BERING    SEA    DISPUTE — A    SETTLEMENT. 


58D 


tiou  of  the  preservation  of  tlie  industry.  Wliat  is  neiuled  is  tiiat  all 
interested  in  this  fishery,  whether  tliey  take  their  seals  on  land  or  at 
sea,  should  come  to}>ether  to  detenniiu'  what  danj^ers  or  risks  are  now 
beinj;  run,  and  how  they  may  b«^  avoided  in  the  future. 

8ome  su(!h  settlement  is  becoming  more  than  ever  necessary  now, 
seeing  that  the  question  is  daily  assuming  international  'I'mensions. 
It  is  no  longer  a  mere  family  bickering  between  Yankee  and  iJritislier; 
no  longer  a  mere  means  of  twisting  the  British  lion's  tail  for  eh'ctioneer- 
ing  purposes.  Russia,  with  her  important  breeding  islands,  freiiuentcd 
by  probably  one-half  of  the  seals  that  travel  up  th»'  British  Columbia 
coast;  Jai>an,  with  lesser  breeding  grounds  but  an  increasing  nund)er 
of  sealing  vessels;  Germany,  with  lu'i-  enterprising  citizens  fitting  out 
sealers;  these  and  other  nations  are  entering  uiH)n  the  held. 

A  sound  general  view  nuist  be  taken.  The  area  affected  is  wide. 
Effectively  to  i)rotect  the  in<Uistry  one  would  have  to  include  all  the 
Pacific  Ocean  and  coasts  thereof  to  the  north  of,  say,  latitude  oijo.  The 
territorial  powers  are  China,  .Fapiiii,  Russia,  the  Cnited  States,  and  the 
British  Empire.  Germany  and  other  i»owers  are  interested  in  tiu'  khum 
and  fnu'tiis  of  these  seas.  The  one  complete  remedy  is  international 
agreement  resulting  in  international  a«lministration,  with  a  view  to 
the  proper  preservation  of  the  fur  seal.  We  have  an  admirable  and 
successful  precedent  in  our  own  Xorth  Sea,  where,  outside  of  territorial 
waters,  various  matters  of  police,  even  to  the  retailing  of  spirituous 
liquois,  are  administered  by  an  international  executive,  and  under  laws 
set  up  by  the  mutual  cooperation  of  all  the  States  whose  flags  are  to  be 
found  on  the  vessels  engaged  in  those  fisheries. 

Such  a  settlement  appeals  to  the  common  sense  of  all  concerned. 
Sufficient  material  iioints  and  fticts  in  the  "natural  history"  of  the  case 
have  now  been  gathered  together  and  placed  on  record;  sufficient  is 
known  on  which  to  base  an  international  agreement.  A  conference  of 
the  five  or  six  powers  interested  could  in  four  weeks,  and  well  befon^ 
the  next  fishing  season  opens  in  Bering  Sea  next  July,  determiiu'  on 
the  outlines  of  such  international  administration  as  should  best  pre- 
serve the  rights  and  interests  of  all  at  present  engaged  in  the  industry. 
Indeed,  the  outlines  of  such  a  settlement  have  already  been  drafted, 
and  are  such  as  would  completely  safeguar<l  the  permanent  inten'sts 
both  of  the  "pelagic"  and  the  "shore"  sealers.  It  is  a  conniKUi-sense 
settlement  for  the  good  of  all  concerned.  It  will,  therefore,  <-ommend 
itself  to  the  people  of  the  United  States,  of  Canada,  and  of  the  United 
Kingdom;  and  the  Governments  of  these  countries,  as  well  as  of  Russia, 
Japan,  aiul  Germany,  will,  without  dimbt,  best  realize  the  wisljes  and 
interests  of  their  peoples  by  securing  such  a  common-sense  settlement 
of  this  troublesome  Bering  Sea  disi)ute. 


I 


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WEATHER  BUREAU  TABLES. 


«ii 


United  States  of  Amektca, 

BePAWTMENT   ok   A(flll(H'LTlTRE, 

Wasliiiiffto)!,  J).  C,  Julif  lei,  1S02. 
Pursuant  to  section  882  of  the  Revised  Statutes,  I  hereby  certify  tliat 
the  anncred  iultU-x  of  climatic  data  have  been  compiled  from  the  original 
recordsof  observation  made  by  an  oltscrvrroi'  tli<-  ifUgnal  (S'err/tr,  United 
States  Army,  «<«</(>«<;</  on  the  Islanii  a/  St.  Paul,  Jieritiff  Sea,  diiriuji 
the  period  of  time  covered  by  the  tables,  iind  tliat  said  tables  of  cli- 
matic (lata  are  true  <'ompiIations  from  the  original  records  of  observa- 
tion uow  in  the  possession  of  the  W.  itlu-r  lUiri'au. 

Mark  vv.  JIakeington, 

Chief  of  Weather  Bureau. 

Be  it  known  that  Mark  W.  Ilarrinjiton,  who  signed  the  foregoing 
certiticate,  is  the  chief  of  the  Weather  liureau,  and  that  t;»  !iis  attesta- 
tion as  such  full  faith  and  credit  are  and  ought  to  be  given. 

In  witness  whereof  I  have  hereunto  set  my  hand,  and  caused  the 
seal  of  the  Department  of  Agriculture  to  be  affixed,  on  this  l.'ith  day 
July,  1892. 

[seal.]  J.  M.  KusK, 

Secretary  of  Agriculture. 

Mean  temperature  (degrees  F.)  at  St,  Paul  Island,  Bering  Sea,  Alaska. 
[Lfttilude  57°  10'  N.,  longitude  170°  01'  W. ;  elevation,  30  to  50  feet.] 


1H| 


Year. 

Jan. 

Feb. 

Mar. 

Apr. 

May 

June  July 

Aug, 

Sept. 

Oct. 

Nov. 

Dec. 

Annual. 

1872 

1 

1 

i>,73         

15.7 
29.9 
34.9 
31.4 
13. 2 
17.7 
30.0 

18.6 
33.  5 
3i).  3 
16.5 
3.0 
8.2 
23.4 

12.6 
33. 0 
29. 0 
23. 0 
25.4 
10.4 
25.1 

23.9 
34.5 
28.9 
26.2 
25.4 
24.9 
28.3 

30.5 
39.0 
34.2 
32.7 
32. 5 
30.6 
34.1 

37.  5     43. 0 

46.5 
50.  8 
47.9 
43. 3 
45.  8 
47.5 

43.0 
47.3 
46.0 

"u'.i)' 

45.  9 

37.8 
40.2 
41.7 

'36."<V 
34.7 

32. 4 
37.8 
34.9 
28.  1 
28.  0 
2!t.  7 

29.9 
33.3 
26.2 
20.4 
23.1 
29.6 

31.0 

1874 

1875 

1870 

1877 

1878 

1879 

44.4 
42.  () 

3H.7 
39.4 
39.9 

49.1 
47.0 
43.2 
42.9 
45.1 

39.4 
37.3 

'29.'7 
30.8 

1880 

1 

1881 

'39.9 
41.8 

44.3 
46.9 

48.  5 
47.4 

46.7 
44.5 

42.  4 

40.  3 

36.  3 
33.7 

27.1 
22. 4 

1H82          

32.1 
30.2 

23.7 
26.0 

28.3 
19.9 

32.0 
21  5 

35.2 
34.6 

35.7 

1883           

1 

1 

Aleaiis  ...•■•.... 

26.1 

20.9 

23.6 

27.3 

33.7 

40.4 

45.2 

47.2 

44.9 

39.1 

32.7 

26.5 

34.0 

*  Xwenty-»lx  days. 

Remarks The  mean  temperature  was  obtaiued  frc^  the  observations  made  at  7a.m.,2and0p.  m., 

after  the  formula  i  (7-t-2-l-9-|-9). 

691 


I'.EI.MNd   .S1:A.— lA 


X«70. 


1    111-.      An 


I 


1-17 


1M7S. 


1-iSO. 


IHHl. 


ib"«;j. 


riu.  I..   I'iiy  - 


I        ' 


I        1 


.     A.I' 

1         Mini 

I'.irU  1          i 

M.  r 
Cliill 

: 1        ' 

IllMll 

Knil 

lilt'  '!!!'!..      i 

l.i'lil 

■' i 

\li>l 

IIIIW 

,1.1 i 

Sun 

111  ;.'n 

1 

Thi. 
U  .III 

Ui.r 1 

U  ill 

lilii.l 1 

.\nTiii  II 

Illin  U  liiiui il 

IVar 

Wnv.iijtr  . 
■Iininilii.  ■- 

Kiih'   

Miiiy  Kll.-ii 
Sidi  Itii-L"! 
riiiiiiiliMi. 
'riittnipti  . 

llMUMIil       . 

Wiii.iilVi.l 


i  1! 


Allnil  A.i 
.\iiiiii  lire  I 
I'.lii.k  l>l;i 
Ihiliihin  . 
riiviiiil.-., 

iHiIrl- 

■Iiiitnitii. . . 
Kilt.- 
I. ..ilk. .Ill 
Mir\  1:11.1 
Mi.i 
lliiuiinl 
Sun  Hi,  in. 
'Ili..iiit..li 
Winiiili.'il 


i  I 


NUMIIKI!    til''   VKSSKI.S  KX(;A(iEl)    IN    iM.I.AdlC   s!i',Al.l>,(i. 


I.ST.".. 
l.STtl. 

I.S77. 
I.STS. 
IST'.l 

l.SMd 


Total. 


1  I.S.SI  . 

1  l.s.s-1. 

, ...  I.s,s:!. 

I  I.S.SI. 

•J  l.s.s.">. 

Iti  |.s,S(i. 


n  1.S.S7 

li  I.SH.S 

1 1  l.s.si) 

li  |S!(0 

\i  I.Sltl 

;j|  I.S1IL' 


L'l 


T.itiii mi 


Total 


17 

(>.S 

ill 
11.-. 
I'J;3 


l.W 


I'.EUINd  SKA.— TAIU.K  ClVINii   NA.MIIS  AM)  NATKINALITV  or  VKSSKLS  KNd  A(l  KD   IN    n:LA»H('  SKAI.lNi,   1        \|   i.sTr,  TO  Lslti;. 


iH^u. 


l-«rj;i. 


ISM.i. 


Allri' 

1  A.lani 

Anna 

lli-.k 

I'.la.'k 

lli^ 

lh.l|.l 

in 

I'avn 

ill-... 

■  Itlaliitil 

Kat.- 

Man 

I':ll>  n 

Mi-I 

Oinva 

■il   ,,. 

San  1 

ill'."  . 

'I'linil 

Inn  .  - 

Winn 

ll.al  . 

Allnil  A.lam^ 
Anna  l!i-.  k  ... 
I'.laiK  lliallinlli] 
Ka\..iil,.... 

I^alc 

Marvil.'  la. 
Man  Hllin 

l.anla 

nn\ianl 

San  Hi.;;..  . 
Ilanlilnn  .. 
\V.  1',  Savwa 
Winliillvil  . 


I  li 


'  i' 

I 


\lli..l  .\ilaln-.. 

1    M.Aanil.r. 

.Mli.    1,  Aluir   .. 

I       .\niiir 

Ma:; i;i.-  !:..>,.. ... 

1     ('il\  ul  San 

Man   ];il.-n 

1    Kllin 

.M.Aaml.r 

1       Faviirilc... 

nilri'    

1      Cniic 

San  l>ii-L'(i 

1       lli-nrirllii.. 

■IVn-sa      

1       1 lii.ill... 

'1  lainilnn    

1    .Man   Klliii 

V I.al.ill    ..    .. 

1       IMIir        . 

W.  iVSavwai.l    . 

1     San  Jliryii 

SfVflllV-HiX 

Sifirn  

Vainli'i'lilll 

U'.  !•.  .Savw 

I     I 


I     ' 


!      ;! 


iMwti. 


1,-MM. 


Ailivr 

.\l.'\ainlii'    . ... 
.Mlii.l  Aihiln» 
Allii    I.  .MmT 
.\inia  llcik 

.\niiii-      

r.lai  I,    hi; I 

lanililia 

Ilia.-.  >i.  Wil-ia 
ril\  1. 1' San  I'ic'i 

l)Mi|iliin   

l-av.,ril.- 

Ilr.i.c   

Il.'lin  I'.lnni... 

Kal.-     

I.ania    

I.ia.knni 

Marv  Mllin  ... 
Man  ■Ia\l..r  . 
M..n'ntain  I'liii'l' 
lllnvaril   .. 

llll.r 

I'alliliniliT 

i:ii-ii.i-.:! 

San  lli.xn. 


Sxlii 


lla 


'l'l...nihili 

■I  villi ... 

■r«iii-iii 

Vaniliiliill 
\V.  I'.  Sa^^\a^ 


Ailivr 
.\ila 
Ailili  . 

Alls Ill 

.Mlii'il  Ailalii- 
.\llir  I.  .Mi;.i 
Aiinal:.ik    . 
.M|ilia     . 
.VliUi'l  Unlit 
A  I, nil-     ..   :... 

r.laik   llial 

I  atiililia 
riiallin-r 
lliiis    I,    Uil~ 
I'iu  i,f  Sin  Hi 
lli»ri,v.r> 
lii.lpliin 
I'-.lliii 
I'aM.lili' 

I'li'li'li  I'.lnni 

.liiaiiiln    

Kair 

Kal.A    .\lina 
l.a  Ninl.i 
l.ililia 
l.ih   I. 

I.IIMkl'lll 
l.l.tlll 


l.l.ll 

Mai 
Mil 
Mi'll 

(III! 

l>n< 


l-'aiiliilil 
t    Mil.  II 
1  Tavliir 
main  rlii.  I' 

aril 
lilinilir 

l'.n.l.i|..' 

l:,..,-  S|,i 

lln-lli'i' 

San  .liisi-     

Svlvia  II h... 

,   T.  r.sa 

■Iliiiinliin 

I  ri.ii'il'h 

\  aiiilirliill 

i     Wallili  111-.    ..      . 
a   W.  I'.  .Sa.MMiril. 


i-k.i 


I         ! 


Am.  i  <li-l-  ,' 

I        : 

I Uli-li-   

I       ...      Ain-i-il  Ailalii» 

I  1        .Mi-\aliili-r 

■"■j! Mill-  1.  AlK'i-r 

1 \niiii' 

i  i     Anliii.  r.  Miiiiii-... 

''       ...     Illark  HiainiMiil   ■■ 

•■■'i'l" Ilialli-llili- 

t  I  .     I'liiiK.li.  WiUiiri    . 

1  I  I'llv  iilSiiii  Dii-K" 

i; l-'aini-ili. 

.; Miili'.viiu 

i  I Iilnllita 

I  '  i    Liiiirn 

1  I i'  I.ilv 

I  Mac.;!''  Ml"' 

I'   ....      Marv  l-'.llin 

i   !       ...      Man    lavliii- 

'  M.  ll.'ll.i'iinm    ■-. 

'■"    ..     Miillv    \.laiii»  ..-. 

}■'  M 1,1111  Cliii-r 

...         DIaiiii 

llsrai-  .V   llllllii-  ... 

■■'i'  '. Illlii- 

1    '  U.S.  l-'i,\vli-I-     ... 

...     I'allillnili-r 

"■'i'     ri-niliipr 

j    Iliinala-i- 

1  lli.rtii- lllsi-ll 

■■■'.       Saili-rhili- 

..         San  Ilii-Kii 

,    ..     San-liisi- 

:::::: sai.i.hir.- 

1     .  .  11-1111111111 

Iliilaiinli-il 

■  Valiililliilt 

Viva 

■    ■;■  Wall.-i-  A.  Iliili. 

...^ \V.li>li-r 

■  "  i    

1    


Ai-.i-li- 

.\li-\aliili-r 

.  I   Allii-   

.      .Mli.-  I,    \li;i  I 

.  I   .\iinii> 

.  .   Aniii.  I'.  Slia.n- 

.      Arii-I    

.      Anli.ra 

lU-alrii-.- 

Ill— il   l;iill.-r.. 

I'.la.  k    llialn.illil 

rlialli-ni;.-. 

r.  II.  'I'liiiiii-i-  .. 

ritv  III  Sail  lii.-;j 

.     I  'za> 

.      I>i.l|iliiii 

K.  i:.  \Vi-li-.li-r.. 
.      Kavi.ril,- 


(i 


at  r 


1    I.aiira 


III  li-M  llliini 
llinn   Hi-nnis 
•laliii-.^  II.  Swan 

.las.  II iltiiii  I  . 

.l.auii- 

.hlaliila.. 

Ka 


I.i-iilia   

I.ilv      

I.ilv     

I.ilv    I. 

I.i.llii-         .      .. 
M:ii;::ii   Mai- 
Maiinii-  l:i'-> 
Malia  ill-  I.I-  I 
Man    Kllili 

Marv    II.    11 

Man    Tavlnl- 
Miniiii-    '. - 
:.'-.ilv  Ailaln-. 
Mm.      -in  rill. 


\  t.. 


lll-i.n    

(I..  ,.1  ;.  Hani. 
Cl.-.rai-  Wall.-r. 
11.  S.  l-i.ulir     - 

mil  r 

I'alliliiiil.-r 

ral-k.r 

l''iiili.|-.-  

S.li  hi.'.;ii  ... 
.San  .l..sr- 

Sapliliin- 

Sii-n-.t 

Svhia  llaiiil.v  . 


Ti-iiiinl.li  

I'liila il 

Van-I.il.ill       . 

\'.  111II1I      . 

Viva 

Wall.  1-  1..  l:n  li 

Wan.l.iil      . 

\Viiiiiiri..l  . 

W.  I'.  Sa.vu.iril 

■r.ir..iilii 

llialiiiir 


DlSTUllT   oil'   ('(iI.rMlllA.  Ciljl  III'  W'll.shiiiijloit.  s.\: 

(iooi'Sf  L.  Si'iii'liiii'oiij;li,  liciii;;  (liil.\  swiini.  dcpnsi's  iiiiil  sii\s;  I  am 
l>c)iiii'tiii('iit  111'  State:  till' aniicM'd  talilr,  rdiniiilcil  In  inc.  rciiii'si'iits  tin 
tlic  iiatiniialitN  of  tlic  same  t'T  .acli  year  siini'  llic  ii'ssioii  of  .MasUa  In 
lias  hci'ii  rcn'ivni  liyllic  saiii  Dciiailinciit :  llic  ilatii  Ihiiii  w  liicii  tin'  -i 
111'  tin-  Stale,  'I'leasuiy.  anil  Navy  Iteiiartineiits  of  llie  I'nileil  State>.  aiti 
ollii'ials  of  till'  .\liiska  Coininer.i'al  ("oni|)any,  iiifoiinatioii  reeeived  fioin 
rc|iiirt.s  of  till'  |)i'|iaitiiielit  of  l'"islieiies  of  the  Doininion  of  Caiiaila  from 

Sworn  mill  snlisei'ilii'il  to  liefoii'  me  lliis  .'iil  ilay  of  .\ii;;iist.  I.s;i:j. 
ISI'IAL.I 


I      .,1    V.I   .. 


\..i,.l.riill 
\  n.i 

U.diM    V    Kidi 
».  l.-l.i.    . 


W  ■ 
.     Mil.   1     M.'i 

.M.1,1,  I     M....f, 
Ari.  I 
\.ir..t.i 

lll'.IIMK 

III..   I.    IM.ii,.    .1 

Cliill.lij. 

.     II     h.iM"' 

.    l\  ..I  >.,ii  I'l.^ 

I  /,.r 

l',.:|.iiMi. 

K    r.  «il..l.r- 

K,>..ril. 

li.'l..!  Iliii.u 

II,  „H     n.TMlis 

.1 ,1.1. .  .1  >"..il 

.!:,>      II..II.    Il.'l.    I. 

.1.......' 

. I, .,,11.1.1. 

K..I.-    - 

I. •.,.!•.. 

I,  111,.         ..    . 

I  .h 


I  i 

1  .1-    I 


I  ...1,, 

\l  ■_:..    M,H 

\l  ,..„   I:,— 

\i ,,,..  ,1.  ;..  Ill 

M.I,.    111,11 
M.it  M    IImi.,... 
.M...    I,,.!... 
Mil. 1.1, 

M„lh    \,l...i.. 
M„.iiil,..i.  I  l.i.-r 
N".«i„li 

Ill-ot. 

t)4..ll   ,^    IliNi.      . 

(.„  ,r  \\  iliii 


s 

11  I'.,. 

. 

>, 

11  .1,,., 

>. 

itI 

tl.l 

1', 
l', 
■|- 

iMlM 
;i/t  r    . 
r<-.( 

'i:;;i;!' 

.ii.'.,v    , 

iii.ii, 
iiiiii. 

It  

W 

.h.  r  1 

.  i.'i.  1. 

w 

ili.l,  1, 

w 

1111.111, 

1 

1, 

1! 

.  r  s, 
i,,iii.. 

....... 1 

V.I.O. 

M!     I    .\U,  1 


l,'..i:. 

,    \.  I„.i 
II    I'.;,... 


II  .  ; 
i;  "  i 
■  I'.,. 


,w  i».. 


I  ,,l.,l 
I  II 


i  ,•■  'llll.-l 
r,  11.  i"i„ 
l,'.,i.,i.|, . 

li "V- 

S,,.  1..,  :■ 


•-,.|.li.,'  .S11II..1I11111I. 

1,  .>.! 

I11.-.1 

Iriiiiiipli 

rilll,llll;l    

V.l.l.liv 

\  .  iitiir.   

Viv.i 

U:ill.r  lii.h    

Wtiiiili-nT 

Willi..    

W.  r.  Siiywiinl 


Am.     ij|,f, 

I        ^ 
I 


Mr. 


1    


I  li  AiWo 

....Il  Aliiiilii.  

*ii..ri  \\..ii,,.r';;; 

■    ..     AI.Miii.l,., 

^ i.Aiu.... ,..;; 

'     .\ )',    \|,H)|t.     ... 

A. mi.,  !•;,  I'liiiii    ... 

'  '\l.iiii,  Miirli'v   ,  ..   . 

. ..    '  Ar.lii. ■    . 

....  !  Arl.,1 

[  .\iiriiiii 

.  Ili-iilrl.-c    .. 

...       11.111  li.,, 

ll.'i.Mr      

Il.-»~ii,  liiiil,,!' 

--         ltr.-iili'nHaii 

Il..i|,iill« 

, .,,     r,in...,    

—  rjiihiiiii  li.r.is    ... 

—  Ciir III.,    

...     <  .(•.  I'lTkhm 

.    .     CI).  Kiinil 

...     ('.(L  Wliil,,   

I'liilll.'lii;.,.    

('I.i..k.-!«n.,k,  .  ..      , 

CI.MVII,  \ViU„,i  .... 

!■■  II.    lupi...      

...     r  II  Wl.ii,,  

CitX    .'t    SllK    Dicuit      . 

r.  li.  Wl.ii,, 

l)i;iim 

.,,      K,  r..  MiiiM-u        ,      , 

...      K.  I-:.  «.I.»|.T 

,    ,      Klnlii.i  l....iiHii 

l-:ii/.i  l-:.l«.inls     .      , 

!•: 1  l'.li\  


I    Klli.l 

1    Kii\..rili' 

1      I".   K.  l-tl'IHV 


I,...   1;.  Whit,,    . 

lliilli.-  l.iiKf 

II,  1,  ..  lU.iiii  .... 

11.-1111,11.1 

Il.i.iv   D.'iiiii.  .. 
11.1111.111 

,I.i>  CI   s«.,ii  .... 
I....,  Il.iiuilli.i.  I.. 

.I.'.iiilii.' 

.1.  ,.,si.   II    Ki.'.  1... 

.I.,|iii  11.11..  ...k 

,l.i,.i.it.i   ,. 

Km.,      . 

K,.l.  ill.. I  .\iiiv 

K..ll..riii.' 

I.;il.i:..|,,l' 

I.. I  Nihl.i 

I..iiirii  


I.,  ticiu   

l.i.K        

l.ilC        

Iilv   I 

l,i//,i.-  |i.  ll.v 

;..//.i.'  i'..ii.;,    

Il.lli.- 

I,,, III.  III.,  1. 

M,.^i;i.     \I.i, 
,\l..ru...il. 
M.iiiliii 
M.ir.   I' II. 11 

Mlll\     l.illMTl 

\I(ir\   r.irkiT 
Miiiv   l.iO... 
.Mii-;..l 
.Milll..,  I,  ll\.r 

M.l.Ml   - 

M..V    I'.ll. 

M,i\   1  I, .W.I 

Miiiiii. 

Mi-t 

M,...til.iiii<'lii..t 

.V.iiililii- 

N.lh.    ,\l,..l.ii 

N 

1 1... .11  lull.' 
iNr.ir.ii.il  ll.itti.' 
nil.. 
I'...rl 

l''i..l..|..- 

I'i 1      

Il.,-i,  iiIk.ii 

|;,,^i..  S|.;ii  k,> 

xiii  In,:;,, 

>;,|.|,|.ll, 

>...  I.i,,li 

Si.  I  r.i 

,^„|.l.i.'  Siilh.il.iii.l 

S\hi..  Il..ii.h 

>    I  I. ,.>.•. 

I'iiii..  il.ili.' 

1,  1, -;i      -  

II. .-U.      

I.l.llii|.ll  

I  ...1.1. nil 

I  1..I.1..11I..I 

V ......I   Il.lli' 

\  .  iiliiii' 

\  n;l 

\V,illir  ,\    l-;iiil. 

W.illir   1.   III.  I. 

U 1.1.  r 

W  .iiiiili,.l 

W  .  I'MVB.llll        . 


^llll......lll^ 

111.1,11.11. 11 


I 


.\uii.  ,.  'Mil iilil 

.\lii..k.. 
Mii.ii  v\,ii:.ii 

.\l.    V..I..I.I 

Ml..-  I    Alui'l'   .... 

,\i I.I         

\..i...   I'   M ■!• 

1  ,   .\iiiiii,  i<:  I'liiiii     . 

..      A  rill 

..|    .Vi  ii'li..*  . . 

I  I,  ,\lll-l.l'll  , , .     . 

..,  Ill,.lllll-r    

..!;  Ili.iilili'i-         

..|'   lli'imli.  Ili.llli'r  .... 

1  ii  Iliiri'iillH 

..  ,  lliiwl.i.iiil 

.  ,1;  nri>iiilii     

..;,  (•.iri...illli,      

. .     Ci 

(',('.  I'.'i  kiim    .. .. 

. .     III.  Ilaiiil   

..':  (Mi.  Whlli'  

..      Cl.iill.'lia.' 

(■..i'l..ll..  i;,l'ii\,.. 

r,  II,  liipiur  , ,, 
..     r,  II    Whili'.      .    .. 
. .     I  'ilv  ..I  Situ  |ti|,Hii, 


1 1-11 1,'. 
Ill',  , 


11 


,..' llllVMI       

J    '  I  If. Ill  Si.\  "  iiril 

I-:,  11,  Miirn'ii 

j .  I-:,  I-:,  u.'i.sti'i- ,.., 

t     "■    .    .  I-:  I--.  i;i.i.i.iii»  . 

i-;ii/..  i:.i«iir.i«    ,, 

I     1-: .1 .111.1  i...iilsi, 

I      lllllll.  I    I  .  lix  , . 

. .  I'liit.'i'|.ri>.-  

I       KlIMllil.- 

I    Fliwii 

(illM'ill 

1       lilTll-Vil 

1    IM-,,.  li.Wliili-  ... 

1     IM.ii       

Il.l.i.  Illinii 

]    llinri.-lla  

1    Ili-iirv  lli-iiiiH  . 

1    Ili-iin.iii 

I      IllIlT         

I    Ii.iiil 

1    ,l.i.H.i:.S«iin 

1    Kiiti, 

..\ Kiili-  tiiiil  Ann  . . . . 

. .' K.itlirrini- 

1    I.iil.liiil.il' 

I.a  NililH 

. I.iiiint  

1    I.mil'ii  IMki" 

. 1.1-liliil 

I    I.llihii' 

,.  I.lh  

.  I. ilv  1 

I.i.ili.'    

. 1 is  lll.,-n 

I    I.x.li..    

\(.ii;;;i.     Mn. 

I     Miili.l 

I      M.iitlui 

.M.irv 

1      .Miii-x  Itn.wii  

Marv    Klli-n   

M.in  I'ark.i- 

I      M,.iv    l..\l..i-.    ... 

1  ....  Mm..,,!     .  

MlltCir    T.  ll\ir 

.Miiiiil  S 

I        Mll.V   lli'llr     .. 

...  Mll\      l-'lllMlT 

.Mi-iliiiiiil    

1  Miiinii'         

Mi-.l.i.r        ,,    .. 

I         Mi-l 

M,...iili:;lil    

I  Miinlitaii.  I  l.ii't  . - 

I  ...  N..i\..-sl 

I  II.  .-an  11.11.' 

lu.  .11  ,111.1  llalli.' 

mil,         

I'.itl.niiil.  1      

I       I'.ail         

IVli. '  

I'i 1 

l:,.«.  S|,..ikH  

I     li.,.i.iil...'ii 

I  S...11.    Iiiin.-i- 

Ni.li.'  I  ..ri.ii-    ... 

Saini   I'anI   

Sail  IlirjiO 

I       ...    Siiii  ,liikit       

*»a).|.|iii'.'  


M.'t  l.i 

S..|.l.i.  Siillii'ilallil 

l..i..r  

Ii-H'»ii 

Ihisll.'  

rlir.'i'  llli.lliir«,.. 

'I'i  i.iiii|iti    

I  n.l.lia 
I  i..l,i.iiih'.l 
I  i..:a 

\ tir  11.11.' 

V.I.I. Ill-      -    ...      , 

\i.  Ii.ria         

\iia 

W  all.r   \    Karli' 
W.ill.'i'  I..  Hi.  Il     , 

\V Ii-iii 

\\  illilt.l  .\in>.M..rll. 
W  ill.,    M.ii..»..ii 

\V I1..I 

\\     I'    Sav.iai.l 


!i- 


Nalliilialll.v 
lllililiiiwii. 


'ill/  11/  Wiishiiiiiiiiii,  xx : 

,  liriiiy  iliily  .^wiiiii.  ilcp.iscs  :iiiil  siiy>:   I  ;iiii  .lU  yiMi'S  ul' ii-r    iml    liv  in'i'ii|iMt -Ici  U  In  llic. 

Iliilii'M'il  liililr.  i'(iiii|iil.'iMi\   inc.  i'c|iri->ii|its  till'   li-t  <,\   m.sm'I.^  ri|M,i:;i'i|  in    |iclii;.'ii' -ralii,..  ;ini| 
liiM'iirli    \i-.n  sine..  I  III.  rcssloll  iif  .MiisUn  In  I  lie   M'iir  I.S'.L'.  iif   uliirli  1'..|mii'I.s'".ii   inrm  iikiI  lull 

kill   I>i-|iiiilniiiil:   llir  lllllll   limn  uliiili   lln-   .; hi,^   lircii   iiilii|iil«Ml   iiic   i'r|.i.i  Is  .if  i.lliriiils 

I  Niiv.v   i»i'|initiiifnt>  i.!'  Ili<.  Iniiiil  Si;it.'N  Mlliil.ivil-  nl  viiiimis  »\  JlnrsM's.  Iiiliji  s  i'iiiii|i|||.||  hv 

iiiiti-mI  ('iiiii|iiiiiy,  Inl'iiMiinlliin  iiTi.iM.ij  IV 'iiin|ii'ti'iii  uml  nliulili.  |i..|M,ns.  .mil  tl Dii'liil 

III   lisliciii's  1)1  tlic  Diiinliiiiin  iit('iiiini|;i  I'luin  l.ss.-,  |,,  isitl  iinliisivr. 

.     ,    ,  ,       .  ,   .  "1  "•  ''•  .S<\i;iiciiiiii  (ill. 

til  hi'tiiii'  ||||.  (Ills  :!i|  (|;iy  III   .\l|;;l|st.   Js'.IL'. 

Si:\  Kl.l.iiN    A.    I'.liiiWN. 
SdIiiiii  I'lililii-  ill  mill  /ill  III,   hisUirl  11/ I'liliiiiiliiii.  r.  ,N.  ,|. 


rv..,j^,. 


!«/^#' 


r,ti-.) 


WKATIIKK    MI'IMl.AU    TAIILKS. 

Mtijehiium  leminraturr  (  /''. )  ill  SI.  I'liiil  IhUiiuI,  Ihriiiii  Sni,  .ItiiHka. 
|l.iiiiiii<l(<  r>7"  10'  N.,  IoiikIiiiiIi'  170'  01'  \\..  I'liviiii :io  i<>  mi  I'li  i.| 


Your. 

llllll. 

I'll.. 

Miir. 

.Vpr. 

Mii.v. 

.Illiic. 

•Inly. 

Aiitf, 

Srpl. 

5U 
40 
511 
5'J 

(Int. 

45 
411 

4H 
,50 

Nov. 

41 
41 
45 
45 

:iH 
III) 
40 

11*1 
40 

40 
110 
l'5 
115 
III) 

.\iiiiiial 

1S7'.>    

is7:i           

:i4 
;i7 

;iii 

■M\ 

;i7 

;i4 

40 
44 

:m 
m:i 
:i4 
:iii 

4-.' 
40 
41 

:io 
:iu 

;ir. 

4.'. 
41 

411 

;i7 

40 

:iu 

4i 

:<•: 

47 
41! 
4:1 
4'-' 

47 

47 
h7 
.M 
'1:1 
51 

.VJ 
M 
ft7 
D4 
54 

55 
tl'J 
55 
51 
5H 

*  '•• 

IH74 

is7n 

|S7tl  

IS77    

54 

47 
45 

1S7K    

IS7I1 

isso 

i::....i;::"\i 

ISNI     

1 

57 
50 

511 

ri.'t 

,5;i 

51 

50 
lU 

4:1 

4-.' 

42 

nil 

IMS'.'     

:is 
ill) 

:iit 
;ii) 

;iH 

4'.; 

!I7 

.Ml 
411 

lss;i 

.^^lllll.** .k.  . . 

^ 

MruuH 

1 i ' ! 

i 

1 

*  'I'wi'IiIn   Mi\  iliiv  a. 

JUittiminii  Ivniitnuiliirv  (!<'.)  at  SI.  I'uiil  Inland,  Ufrhiji  Sva,  .ilanka, 
ILatttiiilr.  57'  10'  N.;  loii|£llii(l«,  170"  .01'  \V.;  I'lfViilloii,  110  tii  50  I'li'l.l 


Your. 

•Ian. 

K.li. 

Mar. 

Ai>r. 

Mii.v. 

.loill'. 

.Inly. 

A  iiti. 

Srpl. 

nil 

115 
III) 
41 

Oil. 

fiT 
112 

iin 

Nov. 

211 
211 

211 
28 
15 
17 
18 

Doc. 

A 

7 
5 
11 

All 
mini. 

IS7'J 

10711    

-11 

8 

19 

•j;i 

-17 

-10 

IS 

-VI 

ii» 
•11 

8 

-•31 

10 

12 

It 

5 

-111 

10 

•j'l 
17 

5 
8 
II 
7 

10 

•J5 
2S 
-'* 

•jii 

•JO 
U) 

•-•8 
114 
114 

no 
no 
III 

;iii 
42 

no 

115 

117 
no 

Ill) 
44 

4n 
lis 

40 
40 

1(<74   

1875 

IS7(I       

IS77      

an 

Ull 

25 
21) 

1S7S  ...     

1H7!)      , 

looo             

1(<(<1 

*II5 

in 

:in 

45 


:i8 
:i4 

112 

in 

:i2 

22 

ifi 
4 

ISS'J    

U) 

i;i 

;i 
8 

111 
-  » 

10 
-1 

ii> 

•-'7 

1H(<;1      

1 



"'rwontydix  iliiys. 
KKMAKK8. — Miuun  Bljin  (— )  iiulicHtoH  toiii|it>nttiiro  licliiw  zero. 

Actual  number  of  dear  dayn  at  St.  I'aiil  lnhiml,  liirhiff  Sea,  Alaska. 

[Latitmle,  57°  10'  N. ;  loiigltuile,  170'3  01'  AV. ;  oloval Inn,  30  to  60  foot.] 


Year. 

Jan. 

Fob. 

Mar. 

Apr. 

May. 

.lllllO. 

0 
0 
0 
0 
1 
2 

J  Illy. 

0 
0 
•1 

0 
0 

1 

Aug. 

0 
0 
0 
0 

u 

0 

Sopt. 

1 

•> 

I 

Oct. 

0 

I 

Nov. 

1 
2 
2 
3 
2 
U 

Dec. 

I 

0 
0 
3 
4 
3 

An- 
nual. 

1873 

1S74    

1 
3 
1 

t 

1 

1 
4 
9 
10 
10 
(i 

1 
3 
4 
2 

0 
0 

1 
4 
0 
0 

1 

0 

10 

1((75       

20 

l(J7tl 

1S77    

0 
0 

1 
1 

20 

IS78      

112 

1((79     

1880 

l(i81 

*0 
0 

2 
0 

u 

0 

0 
0 

1 
0 

1 
0 

1 
0 

I,s82    

s 

1 
I 

0 

s 

0 

0 
0 

14 

1883 

S11UI8.  .....*•.... 

1» 

24 

42 
5. 2 

24 

3.0 

15 
1.9 

0 

0.8 

3 
0.4 

5 
0.6 

0 
0 

4 

0.6 

4 

0.6 

U 
1.4 

12 
1.5 

Motius 

18.4 

Rl 


*  Twonty-six  days, 
"dear  "  day  has  no  cloiuls  or  less  than  0.3  cluuds. 


WKA'I'IIKK    iniv'KAII    'I'Altl.r.M. 


r>« 


K) 


Avtuttl  ininilirr  of  J'liir  iIiijik  uI  SI,  /'mil  hliiml,  lUiuiij  Sm,  MiihIi 
I  l.tillliiilc,  ri7     III'  N..    Icinuilnclr.  1711"  III'  \V  . ;  i'lc'\  ill  inn,  .'IIMii  .'.<l  I'l  i  I .  I 


IR7: 
1H7( 
\v.t 

IH7II 

IH77 
1K7H 
IH7II 
IHNO 
IMH1 
IHW 
IHK 


Sll 


Ynir. 
II 

•  lull. 

Krll. 

.Mill'. 

Apr. 

May. 

•  llllic. 

7 

1 

7 
1 
U 

.lill.\. 

, 
0 

1 

0 

1 

Aiiu. 

:i 
7 
4 

I 
H 

Sipl, 

H 
111 
1.-. 

ltd 
0 

( 

10 
Ml 
•-•11 
II 

11! 
'i\ 

10 

M 

w 

10 

12 

II 
II 
III 

I 

III 
II 

II 
10 

tl 

K 
II 
II 

M 

H 
II 
II 
II 

7 

l.'p 

0 

II 

7 

ir, 
1) 

H 

H 

l.'i 

II 

0 

1     

III 

IH 

l.-| 
III 

1 

:i 

0 

n 

1 

2 

•f 

Kill 
I'J.II 

12 

•JO 

•J 

iT 

;t    

Ill 

22 

2  H 

211 

ll.ll 

IIM 
0.7 

on 

11.2 

ILO 

on 

11.2 

11.-, 

M.  1 

ii;i 

•IIIIH     

0.  II 

It.. 


ID 


10 


12 


in 


II. li      IJ.n 


'  Twiiilv  hI\  .lii\  n. 
Ukmaiiks      a  ''  lull'"  ilii.v  liiiH  11.1111  o.;i  in  0  7  .  I.iiiiIh, 

Arliliil  iiiimliir  iif  ilinith)  iliiiiH  Hi  SI.  I'tiiil  hliiiiil,  /Irriiifi  Siii,  .tIaxLti. 


All 
iiiiiil. 


I'.;ii 


120 


IIIH,  II 


[l.iililiiili 


'20'  N.:   liiMulliiili',  1711    III    VV.;  .'l.'VMliiiii,  :in  I.I  .Ml 


r.-.i.l 


iH7;i 

IK7I 

iH7r. 

IM7tl 
1H77 
IH7H 
IS7II 
IHHII 
IHHI 
1HK2 
IMHII 


iMIIII 

MriillN 


V.iir. 

.Inn. 

I'.h. 

Mill-. 

Apr. 

Miiv. 

1 

1  nil.'. 

2:1 
211 
■20 
■2:1 

'2:1 

.Inly. 

•20 
:in 

20 

:iii 

21 
211 

A  IIK. 

2« 
21 
27 
20 
•211 
2:1 

Sipl. 

21 
1.'. 
II 

I.-. 
21 

0.1. 

'J'J 

IF, 

21 
II 
21 
III 
II 
II 

II... 

10 
II 
12 

■>■» 

20 
Hi 

All 
iiiml 

2n 

12 

in 

i:i 

II 
w 

17 
III 

H 
H 
H 
III 

21 
10 
II 
2.", 
12 
U 

20 
17 
•20 
•20 
III 
10 

III  1 

ir 

2.-> 
10 
21 

1 

2"21t 

22K 

•'4  4 

•201 

*'22 
•-'.-» 

1011 
21  .". 

2(1 
•20 

•221 
•27.  fl 

III 
111 

210 
27.4 

211 
•20 

HIM 
10.7 

2.'-, 
20 

l.-,u 
21.  t 

10 

21 

i;:7 
17.1 

HI 

21 

140 
,7... 

•20 

17 
0 

0 
l.-| 

120 
III.  1 

III 
III 

i;i5 
DI.O 

20 
20 

177 
•22.  1 

•2H| 

1211 
...7 

ii;i 
11.11 

IIK 

2117.  II 

'rwi'iily  kIx  iliiyn. 


KkM.MIKM.      .\  "(l.iiiily '■  liny  liai  rr.nii  O.M  IdO.IO  rlnllilH. 

ClouiliiiixH,  erpvcHxcd  in  iifrrriilafii'H,  al  SI,  I'niil  /hIhiiiI,  liirbtij  Sen,  Alanka. 


#■" 


ii 


I  l.iiljliiili',  .'>7     III'  N.;  I.iiiuiliiilr,  170     1'  \V.;  iliv  al  Inn,  lin  lo  .->il  I'..  I  .^ 


Yi'iiri- 


1K72  . 
IH7II  . 
1K74  . 
1S7.''>  . 
t«7ll 
1H77  . 
M7K  , 
1H7II 
ISHil  . 
IHXI  , 
ISH2  . 
IMHII  . 


.Ian.     Kill.     Mar. 


Apr. 


(ill  71 

H4  ,  KO 

74  1  7« 

71  ,  .'i4 

(17  !  47 

■iH  !  40 

7'2  I  fl.5 


IW  !  7U 

Kll  '  H4 

nil  I  71 

70  '  7H 

Kli  I  Kll 

III!  HI 

70  K2 


Miiy.  .1 II  111' 


.Inly.'  AiiK. 


114 
7(1 
77 


X7  I      IMI 
ill!  I      07 


II.-, 

HO  :       HO 
00         112 

H2         H4 


HO 


0:1 


HII 


OH       on 

OH  oil 


Sopt. 

(lit. 

N..V.I 

112 
Hit 

on 

70 
HII 

711 

70 

x\ 

liii 
7*. 

7lt 

U'l 

III'. 


An. 

iiiial. 


H4 
H2 


H2.  :i 
HI. 4 
HO    I 


HO 


HH  H2 


SlIIII.H 

MriiiH 


H2 
01 


•III 


7H 


....      -02 
117  '.      UI 

H4  ; 


»H 


OH  01 

!M»  OH 


^0 


H7. 1 


I 


*  TwKiitysJx  iliiys. 

liKM.MlKH.  'I'lir  (ii'iTintayi'  nl'  <'liiiiilliH'H,'<  was  .ibtiiiii.il  Ir.iiii  lli.'  .ye  .'Htiinat.-s  i)(  tli.'  .(lis.rv.T.  !'.•- 
I'lir.l.'il  .III  II  Hcali'  III  0  til  III  al  t'lnli  .iliH.rv  atl.iii.  'riic  imaii  ..I'all  .ilis.'i'\  atinim  wan  iihoI  a^  the  iiiisuii  lor 
tho  day.    Oiif  Iiiniilri'il  per  ifiil  r.'prcsciilii  u  nkj  LDmpli'toly  ovfi'tuat. 

76 


■^.j^^ 


^^M 

Russian  Cokkkspondknck  rklatincv  jo 
tme  affairs  of  the  russian  ^^mkivmcan 
Company. 


^\. 


FACSIMILES  01'  DOCUMEiWJS  ON  FILE  I.\   THE  DEPARTMENT  OE  STAJE 


No.  IJOlti. 


UNITED  STAT?:S  OF  AMERICA, 
Dk.part.mf.n  r  ok  Statk. 

To  all  to  whom  these  presents  shall  come,  Greeting: 

I  cEKTiKY  that  the  documents,  of  which  lithographic  reproductions 
are  hereto  annexed,  are  oflScial  papers  of  the  Russian  American  Company 
relating  to  Alaska,  now  on  file  in  the  archives  of  this  Department.  They 
came  into  the  possession  of  the  United  States  by  virtue  of  article  second 
of  thetreaty  of  1867  between  the  United  States  and  Russia;  and  the  an- 
nexed reproductions  are,  excep:  as  to  size,  fac-simiV-s  of  the  original 
documents,  having  been  obtained  by  photo-lithography. 

In  testimony  whereof,  I,  John  W  Foster,  vSecretary  of  State  of 
the  United  States,  have  hereunto  subscribed  my  name  and 
caused  the  seal  of  the  Department  of  State  to  be  affixed. 

(sEAi,.)  Done  at  ihe  City  of  Washington,  this  ist  day  of  August,  A.  D. 
1892,  and  of  the  Independence  of  the  United  vStates  of 
America  the  one  hundred  and  seventeenth. 

JOHN  W.  FOvSTER 


II 


■;!#.« 


iti<ii 


No.) 


^(xHuutaJic/  iU/tM/i  'fyg-e^tA<fm^oU/!f '^ru4^friyi/fu^  X^uyj/9ae^^ 
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139 


SUBJECT- FNDEX. 


race. 
Affinii  of  till'  I'liitcil  Stiitf.H  CidViM'iiiiiciit  ri'liilivc  to  AltiNka  Hinci-  tliP  ri'SMioii: 

Art  ion  of  the  Kxcciitix  e !MI 

Aniomi,  1ft Id-  to 102 

AniiM,  |>roliilMtioii  to  import KKI,  KM 

LfiMf  oC  I'riliilof  InIimhIh  of  IH70 KM 

l,.;isf  of  I'riliilof  Isjiimls  of  IWMI IIMi 

Lfltci- of  till' Sicn-tiiry  of  tlio  TiTiisiir.v  of  July  1.'.,  1S!L' 11(1 

Noti.i'  of  IHir. '. ." '. 101 

I'lf.sidcnl's  |ii'o('liiniiitioii \1'2 

K'i'V:ii  lilt  ions  ;;;ovcniiiiy;  till'  Heal  lislii'rirs  in  Aliiska lOH 

h't'irulatioiiM  issiirtl  h\  Trrasiiry   l>i'|iartiiii'iit  rrlativi-  to  thu  I'l'iliilof 

iNlanils '. '. KM) 

Ui'vcnui'  ciiltiTH,  ilispatrli  of,  to  Hciin;;  Son 110 

Sj)iii(s,  |iroliiliitioii  to  import IIM) 

\'i'ssi'1h  sii/.i'il  ill  UniiiK  Sea lOM,  10!> 

Decisions  ot'  I'liiti'il  States  courts li;{ 

Case  of  the  Uritisli  schooner 115 

I'll  it  I'll  States  I'M,  (iiiloiniseli 1  i:i 

riiiteil  states  rx.  schooner  Sivtiii VJl 

Laws  enacted  l»y  ( 'oiiiri ess j(2 

Act  to  prevent  the  extermination  of  fnr-ltcariii;;  animals  in  Alaska. ..  i)2-!K) 

Act  to  iiroviile  for  the  protection  of  the  Maliiion  lisheries  of  Alaska W 

l\'e vised  Statutes )»5 

Ailililioiial  facts  relatiu};  to  the  Russian  American  Coinpany: 

Coal  iMlsiness II 

|)ispiites  iietween  IJiiHsiaiis 10 

hri/ud,  driven  otf  liy  KiisNiaiis 10 

Kxpansion  of  Hussiaiis  lieyond  Kadiak it.  10 

Ice  Inisiness 11 

Kadiak.  visits  to  and  cruises  from !t 

Lease  to  lliidson'.s  Hay  Conipanv 11 

« (ri^fin ". " it 

Ross  eidonv  abandoned 11 

Shelikof  ..' it,  10 

Third  chai ter,  »!xpirat  ion  of 11 

Trade  with  foreiffuers  discoiinteiiaiiced 10 

riiited  American  (.,'oiiipany  or;^ani/e(l 10 

Alaska.     (.Sec  Action  of  the  I'nited  States  (iox'erniiient  relative  to.) 

Alaska  Coinmereial  Company,  lease  of  ISTO  to 101 

Alaska,  resources  of I'JH 

Alfred  Adams,  loji  of  schooner .">IH 

Al'leu,  Dr.  .L  A.,  article  l.y SO.'. 

Amsterdam  Islands 102 

Aiiiiic,  loy;  of  schooner 5IU 

Antipodes  Island 101 

.\rl>itration,  arbitrators.     (.Vec  Treaty  of  Arbitration  of  ISllL'.) 
Artie!',  bv  I»r.  .Vllen: 
Part  I : 

lutrodiietion 3(>.') 

Synopsis  of  I'iniii|ie(ls 'MM 

Auckland  sea-lion 'MX 

Hearded  seal :W1 

California  fur-seal '.M',\ 

California  sea-elephant :W7 

California  sea-lion 'M'l 

Caspi.in  seal IWt 

Crab-eatiiig  seal iJiWi 

686 


^ 


;> 


on 


STTRJEOT-INDEX. 


Arli'li-  l)y  Hr.  Alltii — Confiiiiu'il. 
rail  I— Ciiiitimiol. 

I'.arcd  >fals 

I^iircd  >rals,  or  sea -I  inns 

(J ray  m-al 

( iray  sfa-limi 

llaii'Hi'alH 

r 'arbor  sial 

Harp  Mtal 

History  of  s<-a-i-lr)iliaiit  liniitiil<r 

Hooilfil-si-al 

.Iiiaii  Kci'iianilf/.  t'lir-scal 


-  —- .-.  .^^^ 


il 


al 


Krry;ilc';'ii  fur  seal 
Lake  Itaikal  mmI.. 

I.t'opanl  >cal 

Monk  Nrai  

Ni'w  Zt'alaiiil  l'nr--t 
NorlliiTii  (iir-st-al  . 

iiiltlion-Hcal 

l>*in>j<'(l-s»'als 

KoMs's  sral 

Sonlli  AlViran  fiir-.s 

Soiiilicrn  liir-scal 

SontluTii  sca-fjcpiiant 

SoMllifrn   sea  lion 

Stcller's  sea-lion 

Walrnscs 

Wr.l(l..|rss.-al 

West  Indian  sral 

Tan  II: 

AiiiNicrilain  jslainls 

Kin-M'al  hiintiii;;  in  the  SimtlM-ni  llriiiis|(ln'r(' 

Ant i)Miili>s  Islands 

Aiii'klaiid  Islands 

HoriliTs  island 

Jionirty  Islands 

Cro/,1'1  Island 

Falkland  l.^lands 

(i(>li!:li  Island ^ 

History 

.Iiian  I'diiand*'* 

Kflyui'll-M      .allr     

Loliot-  Isia  lo 

Masaliici  

rriiKT  I 

t^t.  AlillilOOT^   ImIimmI 

St.  I"cii\   UiuimI 

St.   Mar\   -  IsiaiiJI 

St.  I'aiil  Inlands 

Sand  Willi  Land  . 

South  (iroiiila   I* 
South  Shi'tlaiid  l« 


.1 


•M«lftM««mt  islanilt' 


Tifiia  del  l'n»-'zii 
Tristan  da  <  iiiiiia  ia 

West   roast  "I  Solltli 

Part  III: 

( 'oinniandcr  IsiaiitU 

I  Ifad  inips  nil  the  rm^kf-rwH  

Dcrlinc  lit  Ill-Ill  ditt-  to  |ii*hi)fii'  stn»Hiij£_, 

Driii'asi'  dill'  to  |iflas£i('  sMiJi)i(>' 

(inad<'loii|ii-   Island  

Ilaliits  ol  Alaskan  I'lir-MtnlM. 

Islands  of  sunt lifrii  ('iiiiforiiiii 

Miuiai  ion  id  snils 

.Modi-  ot'  seal  |iro|ia^'at  ion _. . . 

I'i'lajiic  lalrli.  !MI  ]ii'r  rent  liriiinJcs 

i'ril.ilof  Islands 

ri'o|ioi'tion  of  wounded  seals  Inst  in  jwUii^ii 
h'rasoii  wliv  fi-inah's  arr  killed 


sealing 


370) 
•JUii- 

:m. 

■.im 

■,m\ 


O:''? 


:»M» 

\«t 

- Am 

:w» 

HMM- 

'Am 

KH) 

I(W 

\m 

MW 

..- i(l7 

no 

K« 

^- lOB 

MM 

UC) 

I(»7 

I(«» 

4or» 

4(W 

Il«t 

h'esnlts  of  |ielanir  sealing 1 1;> 

Si/e  of  Alaskan  herd 107 

^\■aNteful  charai  ter  of  pelajfie  sea li lie 408 


V^ 


:t7% 

Am 

:w5 
:i7r. 
:n2: 

sm 
:s7a 

HUH* 

*JhMl 


am 


SUBJE(  r-iNDi:x. 


507 


I'ace. 

Aucklnnd  Isliind« 401 

AiiHtniliii.     (  »■'•  si:itiil»"».  liH'fi'^ii » Ui7 

Hiiil»'ii-l'o\vell.  >ir  (it'oriii-.  f\  tract  tVoni  ai  I  icit-  l),v '>f<X 

"  Meriiiy:  .Sea  |)iH|iiitr:  A  Hi-tlli'inciil ."     Hy  Sir  (i('i>r<i;<'  nadrii-I'owcll  (cxtiiK-t ) .       TtXH 
Itfiiii};  Sfa  : 

K«' veil  111-  ciitrcrs  sent   to 1 1(( 

V«'(*m«'Im  scizcil  ill IDS.  |ii<) 

(iS'(r.  almi,  Ai'liHl  of  tin*  lliilcd  States  ri'lativf  to  Aii)si<a,  ctr. ) 

nerir.  1  >r.  ( 'arlon i;!:t 

l(laiii)'.  Ml'.     ( »7'  I  Mpltiiiialii-  <'(irrfN|ii)ii(l<'iii'c). 


ItlaiK'liurd.  Dr.  K'apliiifl 


i2r> 
MA 
101 
ill 


ini 

II 
Ki 

L'S 

IMl 

km; 


re';? 


Hoi'lfiH  Island 

Uomitv  Islands 

Caiiaila.     i  Sn-  Staliilc-.  Iiiii-i;>ii ) 

Ciiiiadian  iii<iii>ti'v  in  )Mdai;ii'  si-alinv;.     I ''^'"  Olliiial  ic'iiiiits. ) 

(Jevlou.     (.sVc  Stat  ntfi.  luniiiii  i 

CliurtMs : 

Charter  ot    ITlKt 

Chart. 1  ot    IHl'l 

Cliarti  r  ..t   IKJl 

Close  sf-asoii  tor  hair--^i'als 

Collctt.  I'lolcssor  K.il.iTt 

('idoni)iia.      (  >c(  St  a  tilt  cm,  lon-ijiii) 

Comma iidtT  JHlaiidH 

( 'omiiiission.     i  Sre  .loiiit  Coiiniiis.sion. ) 

(KnurrfMs.     (.V<    Action   of  the  liiili-d   states  (iovi'iiimci-.t   relative  to  AlasUii 

siliei'  the  eeswion.  ' 

Coiiir:iet  lor  iM'lajiie  sea  liny; 

Corre-iioiideiiee.   i  )i|doiMa t  ie.      (See  I  )i|dotiiatie  eori'es|iondenee.) 

Courts.    I'nited   States.       (  .Vn    .\rliiill  ol    the   Inited  states  (iovenilllent   relativi 

to  Alaska  sinee  the  lessioli.) 

( 'ro/et   islands 

I»ama;:e>.     i  AVe  .Moiliis  ViviMidi  of  \X'.\J.) 

I leeisioiiM  of  I'nited  States  Courts.     (.v<(  .\etioii  of  the  I'nited  ."^taies  (ioscrn- 

ment   relative  to  .Maska  sinee  the  eession.  ) 
Deeision.     (Ne.    I'leaty  of  Arhitration  (d'lMlti'.) 

l)eeree-..       (.Sei    i^tatlltes,    foreign.) 

Ui|dimiai  ie  eorres|ii)ndenee. 

(Jlii'^moloirieal  arranueiiieiit : 

Correspoiideiiee  ot' the  vears  |Si.'-'-l><2.")  relative   to   ukase  of  1Sl>1    and 

to  the  treaties  of  IMi'l  and  IHLT. i;iu'-l.".2 

Corres|)<iiidenee  lietweeii  the  I'nited  Slates  and  (iii'at  Itrilaiii  relative 
to  the  seizure  of  llritish  sealinji  vis>e|s   in    jieriiiu   Se.i    in    IMKi!  ;iiid 

1XH7 1.".;;- 1  iiH 

CoiTespondeiiee  relative   to   (n'oposed    internal  ioiial   nieasiires  for  the 

jiK.teetion  of  fur-seals  i  1SX7-1SSS) llis-l!tl 

( 'ories|ioiideiiee  relative  to  and  yrovv  in;;  out  ol'  the  seizure  (d'  Itrit  ish 
sealing  vessels  in  Iteriiiin  Sea  ill  ixsit  (  Aimiist  L'l.  IMS!I.  to  .laniiarv  L'L". 
IWK)) l!l.-.-L'(i:t 

Cories|»<iiidenee  rclitivt!  to  |iro|ios(!d   international   ineasiire>  for   tin 


J(»0     t^ 


l»roti'etioii  of  i'lir-seals— e<Mitiniied — ( I'llii'iiaiy  Id,    ISOO,    to  .liineL'T, 


1«!HM 


I'd  I    L'L':( 


Corres|Miildeliee  ndativ  t'  to  t  he  Jiiiisdiel  ioiial  I  i;;ht>  in   liel  inj;  Sea   for- 


llierlv    jMiss 


'd   liv   Itiissla   and   I  ransfenid  to  the  I'liiti 


Mali 


tlie  treatv  of  IStiT  (  .Mr.    lilaine's  note  of  .iiilie  :10.    |N!l(h, 


.'i-L':i.i 


Con 


esimlKleliee 


at ivc  to  (ileal    liiilain's  vv  illiiP4ness   to  enter  into  a 


coiivenlioii  for  the  |iroteetion  ot   fur-seals  (.liineliO,  IS'M),  to  July  III, 
18iM») •SW--Jil 


Coiies|»oiideii'  e  relative  to  t  he  jiiiisd  ii  t  ional  riylils  in    Hi 


liiiu  Sea  fi 


liieily  |iossessed    liy  ii'iissia 


and    t  I'.'ilislel  red  to  t  he  riiiled    SlateH    h\ 


the  treatv  of  ISt'.T  eoiitiniied  — (  \ii;;iiHl  LMsitO,  to  .\piil  II.  |H!M  )  . .  1' IL'-I.'!)? 
Cot  |i  spondeliee  I  (  hit  iv  e  totlie  ///(/(/(/.y  rncm/i  of  ISDl  and  to  the  lieuotia- 

lions  for  aihitratioii  (.\pril  I'd,  I   01.  to  I'.l.i  iiaiy  S,  ISitL.') L'!W-:{."iO 

Correspolideliee  relative  t  o  t  lie  mii</((.'<  rili  »(/(   of  IKOL'  ( I'eliriiarv  0,   IWt:'. 

1(1  Mitreh  L'li.  IS'I'J) ' :t,".l  Itiil 


List  of  lioti 


AdaniH  iMr. )  to  I'oletiea  iM.ihM.  I'el.rnarv  iTi.  |Si.'2 
Adams  (Mr.)  to  I'oletiea  (M.  .Ie>,  Mar.li  :!d.  IXSJ  . .. 
AdiiiuH  (Mr.  1  to  K'lish  (.Mr.),  July  21',  1M22 


i:ii 

115 


^7 


«' 


i 


r)08 


SlTlUKrT-INDKX. 


I)ipl(Miiiiti<-  forrcsjjoiitlt'nc*'— Continued. 

Li«t  "fniitt's — CoMtinnt'd.  riijrp. 

Adams  (Mr.)  to  Tiivll  (liaion),  Mav  7.  iX'j;] 140 

Adams  (Mr.  >  to  Middlrt..n  (  Mr. ). .» iilv  •_'!.'.  ISl'lJ IH 

Adir  (.Mr.)  Ill  Paiinccriilc  (Sir  .liilian  >.    Mav  1.'0,  iMiU 'MM 

Adc-  (.Mr.)  t(i  I'aiinn  r.it.'  (  Sir  .liiliaiM.  .Ma\  I'll.  lX!t| SOS 

Adfc  (Mr.  )  to  I'annirfotf  (Sir  .liiliani.  .Iiih  X.  IWM IV2'> 

liavard  (Mr.)  t(»  Saikvillr  West  (Sir  I..  S. ).  Novcinln-r  IL'.  ISXil I.". 

Mavaril  (  Mr. )  t(»  Sa(U\illf  W' st  (Sir  I..  S.),  .lannarv   1:.'.  \HX~ 157 

Havard  (  Mr.)  to  Sackvillc  Wi-si  (Sir  I..  S. ).    I'fhrnarv  :f,  1N<T 1.">X 

I'.aVard  (.Mi.)  to  Saiiivilh^  W.st  i  vj,-  L.s.t.  A|>rii  IL', '|W7 11)0 

IfaVanl  (.Mr.(  to  Sa.kvill.-  Wthi  (Sir  I..  S.   ,  .)niv  11,  IXS? KiO 

Ita'vard  (.Mr.)  to  Vijjnand  (Mr.  I.  Anynsr  !!•.  IHKT liW 

I'.ayard  (.Mr. )  to  1  In  Mia  id  i  Mr.).  S.jiii-ndifr  :!ti.  18X7 1«5 

liavard  (Mr.)  to  (lariand  i  Mr.),  Oi'toUcr  7.  1XX7 UJH 

liavard  (.Mr.)  to  Satkvilj.-  West  (Sir  I,.  S.  i,  ( trtol.cr  I'L'.  IXX7 ItiS 

ISa.vard  (Mr. )  lo  M,  Lean  ,  Mr.),  Nov.rnl>i'r  IS.  1SS7 170 

15a .\  aid  (Mr.)  to  llnldtard  (  Mr.  i.  Nov.iiiln'r  lil.  lss7 IHt! 

HaNard  (.Mr. )  to  I'll. dps  (.Mr. ).  N'ovrnilM-r  U'.'t,  ISS7 172 

l!a,\aid  (Mr.)  to   M.l.anr  (.Mr.).  IVdii  iiar.v  7.  I«XS 17(1 

liavard  (.Mr.;  to  I'lndjis  (.Mr.),  I'tdnnarv  7.  ISSS 172 

liavard  (Mr.)  to  IMndjis  ( .Mr. ),  Maivli  2.  ISXS 175 

liavard  (.Mr.)  to  Sackvillr  West  {Sirl..S.),  Man  li  :>(»,  ISSS 177 

l!a\ard  (.Mr.)  to  White  (Mr.),  April  !t.  \XHH I7« 

iiavarii  (Mr.)  lo  Wliitt-  t  Mr.).  April  is.  jsss 179 

liavard  (Mr.  i  lo  Wiiit.-  (.Mr.).  .Mav  1.   IKSs \hO 

liavard  (.Mr.)  to  Hnld.ard  ( .Mr. ).  .iniv  IS.  !««;< nil 

Ua.Nard  (.Mr.)  to  Hnld.ard  (Mr.).  .Vnynsl  II    isss 1)11 

lilainc  (.Mr.)  to  Kdwardrs  ( .Mr.),  An;;iisi  21.  l«s!i 1!I5 

lijaiiif  (Mr.)  to  lldwardis  (.Mr.),  Sfptrnilirr  1 1.  ISSH 1!I7 

lilainr  (.Mr.)  to  Kdwariifs  (.Mr.),  S.pimilicr  M.  iss!)   1)17 

lllainr  (  Ml , )  to  I'aniitflotr  ( Sir  .1.  i.  .lannarv  22.  is  ;(l 2(M) 

Jilainf  (.Mr.)  to  I'aunr.dolc  (Sir  .).).  M.in  li  1.  ISiK) 204 

ItlaiiK    (  Mr.)  to  rami.irolc  (Sir  .1.),  Ma\  2ti,  IS'IO 212 

lilainr  (Mr.)  to  I'annr.lotf  (Sir  .1.),  .Ma.v  2)t.  ISIMI 212 

lilaini-  (.Mr.)  lo  r.-iniici  lotc  (Sir  .1.),  .Iiini'  2,  IS'MI 217 

liiaiiir  (Mr.)  to  l-aniMflotc  (Sir  .1.),  .luiir  I,  isjid 218 

lljain.'  (Mr.)  to  rannc.-fotr  iSir  .).,,  .Innr  11.  IS!)i) 221 

lilainc  (.Mr.)  to  I'anncit'otc  (Sir  .1.).  .Jnnc  :io,  ls)in 224 

lilainr  .  .Mr.)  to  I'aiiniiloic  (Sir  .1.).  .Inl\  2,  isiio 2:W 

lilain."  (.Mr.)  to  I'ann. .  tot.-  (Sir.!.),  .Inlv  1!1,  18110 240 

lilaint-  (.Mr.)  to  I'anni'idoic' ( Sir  ,1. ).  D.Tcnih.'r  17.  18!I0 203 

lilainc  (.Mr.)  to  I'annn  loir  (Sir. I.),  .\pril  1  I.  ISiH   2ir> 

lilain.'  (.Mr.)  to  I'annr.t'olr  (Sir  .1.),  Ma.v  I.  l«!ll   299 

lilainc  (.Mr.)  to  I'annicroic  (Sir  ,1,),  Nov.  inlur  27,  Ix'.U IMO 

lilainr  ( .Mr.)  to  Paunid'oto  (Sir  ,(.).  I  fininlM'r  2.  IS'H ill  I 

lilainr  (Mr.)  to  raiinr.dolr  (Sir  ,1.).  I  i.r.nil.cr  Hi,  isill ;U3 

niaiiM'  (Mr.)  to  I'annr.d'otr  (Sir  .l.i,  htcrnilMM'  II.  ISIM ..  :M4 

lilaiiif  (.Mr.)  to  Panniidoic  (Sir  .1.),  rclirnarv  I,  1S1I2 :i47 

lilainr  (  Mr.,  ••>  I'annri't'ol.'  (Sir  ,l,i,  r.l.rnarV  It.  1S1I2 X>1 

Hl.iinc  (.Mr, )  lo  I'aiinicCoir  (  Sir  .1,).  I'ldirnaiy  12.  IS!):,' •ATi2 

lilaini'  ( .Mr. )  lo  I'aunct  Cole  ( Sir  .1,  i,  l'i'l»riiar\  21,  1S;I2 H.">3 

lil.iinr  ( .Ml.  I  lo  I'aiinc clolf  (Sir  .1.).  rtdirnar.v  20,  ISOii ;{54 

r.laini-  (  .Mr.  i  (o  ranin doti'  (Sir  ,1.),  ridniiarv  27,  1S!I2 354 

Canning  ( .Mr.)  lo  \\rl!in;;toii  (  Kiikc  of),  Sfpl.-ndtrr  27.  1822 2.')3 

('Miiiinji  (  Mr. )  to  li.ruc^    (SirC),  I'l  l.rnary  .".,  1S2:« 258 

(': injr  (  Mr, )  to  liaoot  (Sir  i'. ),  .lanu.iry '2(1,  1821 259 

(a  nil  in;:  (  Mr.  )  I"  l!a«ol  (Sir  ('.)., Inly  2 1",  1821 259 

Ci inu  (Mr,  <i,)  to  Canning   (.Mr.  s!),  I  icicnilHr  X,  1821 2110 

Canning  I  Mr.  S.)  to  Caiiniim  (.Mr,  (i, ),  Kriiriiarv  17.  1825 2(12 

Colrinaii  (Mr.)  to  lia.\ard  (.Mr.),  Si-pti-ndifr   1,  18S7 170 

('ol<'inaii  (  Mr. )  to  lii'ii  Ik'iii  (Coiinl),  Sept licr  1,  1S87 170 

(''>nvii;;liaiii  (  Lord)  lo  l.vall  (.Mr, ),  Novrnilicr  20.  1823 259 

lldw  irdt'N  (.Mr.)  lo  lilainr  (.Mr.i.  AiiHiist  21,  18S!l 195 

i;d\vardrs  (.Mr.  i  lo  lilainr  (.Mr,),  An;;iisl  2.'..  18S)I UKI 

I'.dwardrs  (  M>-. )  lo  lilainr  (,Mr. ).  Scpti-nilirr  12,  ISSH liMJ 

r.dwaidcs  (.Mr.)  lo  lilainr  (.Mr.),  Ortol.cr  I  I.  ISSll Dtjl 

rioiirriiN  (Ml)  to  .Mrl.aiu)  (Mr.  i,  (irtobrr  21,  1887 109 

(lirrs  (  M,  dr ;  lo  l.otlirop  (.Mr.).  Novrinlirr  2,"">,  1887 193 

Hubbard  (.Mr,)  to  liayard  (.Mr,),  Srptc.mbi'r  2S,  1887 183 


SUBJECT-INDEX. 


5'JO 


Di]t1()iiintic  corrosiMUKlfix'c     ('oiiliiiiit'd. 

List  <tl'  lioli^s — (Olitiliiiid.  Vagc. 

Ilul)l>iinl  (Mr.)  1<.  Ii;iyiiiil  (  Mr.),  SciitciiiluT  L>!t.  1««7 ..  IM4 

lliililiiinl  (Mr.)  (II  III)  lliidlimni  (Coiiiil  ),  ( trtiilii  r  (i,  1SS7 IX'> 

lliililiiinl  (Mr.)  to  MMViinl  (.Mr.  i,  (icii.licr  Id.  \nsl IS,") 

lliililt;ir<l  I  .Mr.)  tu  nkniiiii  (fount),  ,liiin'  •_'(!,  ISKX \H~ 

llulilianl  (Mr, )  to  Hayitril  (.Mr.),  ,Jiine-_'.'>,  18«M IM7 

llulilianl  (Mr.)  to  Okuma  (Count ).  Jiilv  1-',  Xi'XX 1!H) 

llnlilianl  (.Mr.)  to  Haviinl  (.Mr.  >,  Julv  il?,  18>>x 1X8 

Ilnl>l.ar.l  (Mr.)  to  Hfiv.ud  ( Mr.  i.  July  i:{,  lf>SS ixy 

M(li'hU'ij;li  (Karl  of)  to  Sackvillo  Wf-^t  (Sir  L.  .s.),  Octol.cr  30.  188<i ...  15:! 

Ito  llirolinnii  (Count)  to  llulibanl  (.Mr.),  Ociolier  H,  \XH~ iMtJ 

I.oudonilcrry  (l.onl)  to  l.iovtMi  (Count ),  January  18,  ISL'2 252 

1/it'Vi'u  (Coitnl )  to  Canuiny  (Mr.),  .lanuarv  lit,  {'.'A  )  IHl'li 2." 

I.othrop  (Mr,)  to  Havar<l  (Mr,),  DeccnilM-r  8,  1887 1J)2 

l-othrop  (.Mr.  I  to  Ha'vard  (.Mr.).  Fcliruarv  22,   18S8 HH 

l.otliroi*  (Mr.  1  to  Ma'vard  (  Mr. ).  .Mar(  li    12,  18xs l'J.» 

i.vall  (.Mr.)  toCaniiinj;-  (.Mr.).  Novonili.T  !)t,  182:{ 2.".8 

Man.'.-  (.Mr,)  to  Itavaid  (.Mr.),  March  2(1.  IHSS I!M 

Mcj.anf  (Mr.)  to  liavard  i.Nlr. ).  Odolirr  22,  IW7 It.!* 

Mi-Id  let  on  I  Mr, )  t.i  .\danis  i.Mr. ),  .\iijiust  s.  1X22 Hi;'. 

Middliion  (.Mr. )  to  .\danis  (Mr.),  Kcc.'UilM'r  1  ( i;.).  1X2:{ I  I'.l 

Ntvr.i'lrodc  (Count)  to  Williunlon  ;I>ukc(.|  ),  Novciultfr,  II,  (2:<),  1822.  2.Vi 

Okunia  (Count)  to  liuldiard  ( .Mr.).  ..'ulv  7.  \XXH IH'I 

(tki I  (Couiil ;  to  liuldiard  (  Mr.  i.  ,luly  !t,  IHSX IS!I 

Tannfi  lotf,  (Sir  .1,)  to  lllainc  (Mr.).  I'lhruarv  li>,  |H!t() l'()4 

l'aun!fl'i;lc  (Sir  J.)  to  lilainc  (.Mr.),  April  — i  |X!i(i 201 

I'ii (lo-r  (Sir.!.)  to  ISIainr  (.Mr.).  .May  2:{,  ISIHI 212 

ranurufotf  (Sir. I.)  to  hlaiur  (.Mr.),  .Iiinr  It,  1X!M( 217 

raunciloti'  (Sir  .1.)  to  Itlaint'  (.Mr.),  .June  0,  isiio 220 

rauMciloir  (Sir.)  )  to  111,1  inc  (Mr.),  .Inno  !>,  IMMi 220 

I'auuccrotr  (Sir.!.)  to  lilainc  ( .Mr.),  .hint'  11,  IMtt» 221 

1 'a  mice  tote  (Sir  .1.)  to  lilainc  (  Mr,).  ,lniic  1 1,  ]X'M) 222 

ranncct'otc  (Sir  ,1.)  to  lilainc  (Mr.),  .Innc  27,  lS!t(i 22:t 

I'auncclotc  (Sir  .1,)  to  lilainc  i  Mr.).  .Innc  :!(),  IWtO 2:!li 

raunccloti-  (Sir  .(.)  to  lilainc  i  .Mr.),  ,lnnc  :iO,  IXilO 2;{8 

I'.iunccfolc  (Sir  .1 )  to  lilainc  (Mr,),  .Vjiril  20.  ISHl L'!»8 

I'anni .  lotc  (Sir  .1.)  to  lilainc  (Mr,).  .May  ."..  isill ;{(»2 

r;mncctdi.'  (Sir.l,)  to  .\d<'c  (Mr.),  Mav'21.  IXHI  :{();i 

I'aiinccfoic  (Sir.l.)  loAdc  i  .Mr.).  May  27.  IsOl liOl 

i'auiHcl'olc  (Sir  .!.)  to  \\  liiirton  ( .Mr.),  .tunc  (i,  1,'^itl :i(»X 

rMnnccldtc  (Sir  ,1.)  to  Wharton  (.Mr.  i.  .InncX,  IMltl lilO 

I'aunccl'ntc  (Sir  . I.)  to  Wharton  i  .Mr.).  .Innc  10.  1H91 lilJ 

I'aunccloto  (Sir.l.)  to  Wharton  (  Mr.),  .lunc  II,  |X!»| :{!.-, 

I'auncclotc  (Sir.l.)  to  Whiirtoii  (.Mr,),  .Innc  i:i,  IHiH liKJ 

I'auncclotc  (Sir.l,)  to  Wharton  (Mr.),  .Innc  21,  ISOl :118 

I'aiiiM'clot.'  (Sir  ,1,)  to  W  h.irton  (.Mr.),  .lunc  27,  IHKl ;{22 

ranrncloto  (Sir.l,)  to  Wharton  ( .Mr. ),  .lulv  (5.  1K!I| 322 

I'anncclbic  (Sir.l.)  to  Wharton  i.Mr.  ),,lulv  ti,  1M!»I 323 

J'jtuiicclol.-  (Sir.l,)  to  W  hart  on  i.Mr.  )..lnlv  7.  ISO  I 325 

I'annicfotc  (Sir.l.)  to  Wh.iiton  i  .Mr.  i,.li-lv  1,'i,  ISOl 32."> 

rannccloti"  (Sir  J,)  to  Wharton  (.Mr.  i.  .Viiuust  H.   ISllI ;i2K 

I'aunccl'oto  (Sir  .1,)  to  Wharton  (  Mr,),  Any  list  21.  ISitl 32!t 

i'aunccrolc  (Sir  .1.)  to  Wharton  ( .Mr.  i.   An  mist  211.  IHOI 32Jt 

I'annci'idte  (Sir.l.)  to  Wharton  (.Mr.).  .\uKiist  2ti.  1X01 330 

i'auncclotc  (Sir.l.)  to  llla.nc  (.Mr.),  AiiuuNt  2li.  ISOl 331 

l'annccf..tc  (Sir.l.)  to  Wharton  (  Mr. ).  <  •ciol.cr  13.  ISill 335 

r.auiicctotc  (Sir  .1.)  to  Wharton  (  Mi.),  Odohcr  17,  1X01 3r.5 

l',inncctoic  (Sir.l.)  to  Wharton  i  Mr.).  Ociohcr  23.  1801   338 

I'aunccfoic  (Sir.l.)  to  lilainc  (.Mr.),  .\o\  cnil.cr  23.  IXllI 33!) 

I'auncclotc  (Sir  J.)  to  lilainc  (Mr,).  Dcccml.cr  I,  1X!»I 341 

i'anncctofc  (Sir  .1.)  to  lilainc  (.Mr.),  Decern  her  X,  IX!H 312 

I'auncclotc  (Sir  ,1,)  to  lilainc  (Mr.).  I  (cniiiH'r  II,  IXOI 311 

i'aiinccrolc  (Sir  ,1.)  to  lilainc  (Mr.),  Id  cci-ihcr  i.",.  isoi 315 

PaiinccCotc  (Sir  .1.)  to  lilainc  (  Mr.),  Kcccnihcr  17,  IXOI 315 

rauncclotc  (Sir  .1.)  to  lilainc  (.Mr.).  l/eccuilicr  30.  1X01 3.1() 

r.iunielotc  (Sir.l.)  to  lilainc  (.Mr.),  .lanuaiy  Hi,  1X!»2 316 

raniiccrotc  (Sir  .1.)  to  lilainc  (Mr.),  .lanuarv  21,  1X02 'M(i 

Pannccfolc  (Sir  .1.)  to  lilainc  (.Mr.),  .lanuarv  30.  1X02 317 

Panncclot.'  (Sir.l.)  to  lilainc  (.Mr.),  I'dimaVv  ti,  1X02 318 

I'lninctdoto  (Sir  J.)  to  lilainc  (Mr.),  rehrnary  X,  1802 31!) 

rauncclotc  (sir  J.)  to  lilaine  ^Mr.),  Kcliruury  11,181)2 351 


-7 


600 


Sim.lECT-lNlJKX. 


Wiploiiiatii'  porresjioTnlfDcc — Con  tinned. 

Lint  of  notes — ( '«>nl  inucil.  Pngo. 

I'annrctot.'  (Sii  J.)  to  I'.liiiiits  (Mr.).  Fi'l.iinny  i."?,  1892 :{.">2 

l'!inn<fl(iir  (Sir  ,!.)  l.>  Itliiine  /.Mr.).  I'.lnnniy  I!t,  \XU2 ;«>:i 

Pj.nu<<  iDtf  (Sir,),)  to  liliiinc  (.Mr.),  r.-liruarv  l'!t,  \WJ 3&1 

J'iinnct  idle  (.sir  .1.)  tn  l!l;iiMc  ).Mr. ),  Miircli  7,  IX'L' ;{."> 

I'iinncflutc  (Sir  .1.)  to  WliaMon  (.\fv. ),  Miircli  lU,  l«!t2 :m) 

I'ann.clolf  (Sir  .1.)  to  Wharton  (Mr.),  .Manli  Ui!,  1M1I2 'MV.i 

rannielotf  (Sir.).)  lo  Wiiarton  (.Mr  ),  Manli  M,  IWJ :)(it 

I'liilps  (.Mr.)  to  j'.ayanl  i  .Mr.),  Ndvcmlier  ll'.  1«S7 )7l 

J'liilp.H  (.Ml.)  to  ISayard  (.Mr.).  I'rlirnary  IS.  issx 17."> 

rtn-lps  (.Mr.)  to  Ha'y.iril  (.Mr.).  Kel.ruar'v  '_'.">,  ISSK 17."> 

I'lndps  (.Mr.)  to  !?!i\aril  (.Mr.),  Septcnilier  12.  ISKS ISl 

I'oletica  (M.  (!.■)  to  AdaniH  (.Mr).  .)aiiuar\  :J0.  ISL'2 i:{2 

I'oletiia  (.M.  do  to  .V.lams  (.Mr.),  iM'l.ru.iry  2S.  iS22 \Xi 

I'olftica  (  M.  d«)  to  .\ilanis  (Mr. ).  April  2,  1S22 I.Ti 

K'nsli  (Mr.  I  to  .\dains  (.Mr.).  Dt'ccmlKr  t!t,  \H-S.i ir.O 

Sackvillf  West  (Sir  I..  S.)  to  It.iyard  (.Mr.),  I (cccmlx-r  7.  lXH»i !."»(i 

Sark\ille  West  (Sir  l..s.)  to  Itayard  (Mr.).  •)rtol(er21.  IHMi \-,3 

Sackville  West  (Sir  !,.«.). to  Ilay.-ird  (.Mr.).  SepleiMl>er  27.  l.'^^Sl! l."»3 

Saekvilie  West  (Sir  L.S.)  to  liayani  ( .Mr. ).  .laniniry  !•,  IHS;   |.">() 

Saekville  West  (Sir  1..S.)  to  lljiyard  (Mr.).  IVIiriiarv  1.  ISX7 I.'.s 

Saekvilie  West  (Sir  L.S.)  to  Itayard  (.Mr.).  Feliniar'v  I.  1XX7 I.'.it 

S.'iekville  Wi'.^l  (Sir  F-.  S. )  to  Itayard  (Mr.),  .\pril  I.  iMs7 1.5!! 

Saekvilie  West  (Sir  L.S)  to  It.i.v.ird  (Mr.  )..)iily  H.  1HS7 liiO 

Sack  villo  West  i  Sir  L.  S. )  to  Itayaiil  ( .Mr. ).  .VuKust  il.lMS7 Kil 

Saekvilie  W Cst  (Sir  L.S.)  to  llavard  (.Mr.),  (letolier  I.  1HS7 ItMi 

Saekville  West  ,sir  L.  S. )  to  Hay.ird  (Mr.),  Oclol.er  12.  1SS7 107 

Saekville  West  (Sir  L.  S.)  to  Itavard  (.Mr.),  Oetolier  lit.  1SS7 1('»7 

Saekville  West  (Sir  L.  S.)  to  Itayard  (Mr.).  ( )et(>l.er  2t>.  IS87 1(18 

Saekville  Went  (Sir  L.  S.)  to  Itavaitl  (.Mr.).  Mareli  2(;.  IX,s8 I7l> 

Saekville  West  (Sir  L.  S.)  to  Itavard  (Mr.i.  ApriTJ.  l.'^SH J77 

Salislmry  (Lord)  lo  Saekville  West  (Sir  L.  S.).  Sepienil>er  10,  1887  ...  1(>2 

Salislinry  (  Lord)  to  S:,(kville  West  i  Sir  L.  S. ),  AjM  il  Hi,  l^^;s 237 

Salislmry  (Lord)  to  Saik  ville  Wesi  (Sir  L.  S. ),  .\pril  Ki.  1SH8 2:58 

Salislmry  (  Lord)  to  Ldwardes  (Mi,),  Octol.er  2.  IHSil I!t7 

Salislmry  (  Lord)  to  i:d\vard<'s  (  Mr. ),  O.toher  2,  IHHil I!)H 

Salislmry  (Lord)  to  I'aiineelote  (Sir  .).).  .Mav  22.  I«t0 207 

Salislmry  (Lord)  to  I'anneet'ott!  (Sir  .).).  .Iiinc  20.  1H!M) 2Hti 

Salislmrv  (  Lord)  to  l'ann<e(oie  (Sir  .1.).  An^-nst  2.  \X'M iJ2 

Salisl)ur\  (Lord)  to  I'anneelote  {Sir  .L),  I'elirn.irv  21.  1801 2!»0 

Shepard'( Captain)  to  ilankan.son  (.Mr.).  .Inlv  (L  1H8!( 1!H» 

'I'nyll  (  Itaron)  to  Adams  (.Mr.),  April  12  (21).  18211 Wi:) 

\\'<llinuton  ( I  )nke  oi'i  to  ( 'anninv;  ( .Mr. ),  Ndvenilier  215.  1S22 251! 

■      Wellinjiton  (hnkeof)  to  l.ieven  (Count).  NovemWer  2S.  ISJ-J 257 

Wellin;;toii  (Dnke  ol')  !o  Canninu;  (.Mr.).  .\o\enil)er  20.  1S_'2 2."i7 

Wliartun  (.Mr.)  to  I'anneeCote  (Sir.).),  .Inn.'  L  IHOI HOfi 

WInirton  (.Mr.)  lo  rauneelote  (Sir  .1. ).  .)uin"  0.  1801 I^OO 

WInirton  ( .Mr.)  to  I 'am Cote  (Sir  .Ll.  .lane  0,  ISlil 311 

Wharton  ( .Mr.)  to  Canneetoic  (Sir  .1 ),  .Inue  11.  ISOI •Mr, 

Wharton  (Mr.)  to  I'aiineeiote  (Sir  .).),  .Inne  i:t.  W)\ 3l(i 

Wharton  (.Mr.)  to  ranneeCole  (Sir  .(. ),  .)mie  2.''>.  18!il 310 

Wharton  (  Mi'.)  to  raniierloie  (Sir  J.),  .Iiiiie  2(i.  IxiH 318 

Wharton  (.Mr.)  to  I'anneefote  (Sir  .).).  .liiiie  2<i.  1801 321 

Wharton  (.Mi.)  to  I'amieeCote  (Sir  .).).  .Inly  3.  ISOI 322 

Wharton  ( .Mr.)  to  I'anneeCoi"  (Sir.).),  .liilvO,  ISOI 32.> 

Wharlim  i  Mr. )  to  I'miiie'-rotc  (Sir  .). ).  .Inly  23.  18IM 32(5 

Wharton  i  .Mr.)  to  I'anneeroie  (Sir.)).  An.n'nsl   17.  ISOl 328 

Wharion  !  .Mr. )  to  I'aniiofote  (Sir  .). ),  Anunst  22.  18;)l... 321) 

\Vliaiton  (  Mr. )  to  i'.inneel'ote  (Sir  ■).).  Sepiemlier  2.  INOI 331 

Mliart.m  (.Mr. )  to  I'.'nineefote  (Sir  .)),  Se|.lenilier  7,  IS!I| 3,'Jl 

Wharton  i  Mr.)  to  ranni'etote  (Sir  .).),  (tetoher  10.  IS;i| 3;U 

Wharton  i  .Mr.)  to  1-auneelote  (Sir.).),  0(  toiler  12.  ISill 3:51 

Wharton  (.Mr.)  to  I'.imieeCole  (Sir  .).).  Oetidier  22.  isol 33H 

W  hart  on  ( .Mr.)  to  I 'ji  nine  Cole  (Sir  .).),  Mareh  8,  1H!(2 ;i">l5 

M  harlon  (Mr.)  to  I'aiineelcte  (Sir  .1.).  M.iieh  22,  1H02 3(50 

White  (  Mr.)  to  Itayard  (.Mr.).  April  7.  IXS8 177 

White  (.Mr.)  to  Ita'vanl  (.Mr.).  A|.ril  7.  \><HH 178 

White  (.Mr.)  to  lta\ard  (Mr.),  April  20.  IKsx 17!) 

White  (.Mr.)  to  Itavjtrd  (.Mr.),  .lime  2u,  \sxH 181 

Wiut.s  ^Mr.;  to  Hazard  ^Mr.),  Septemlnr  3, 1887 11*2 


SUHJECT-INUEX. 


601 


Pace. 

KnrtMl  liiiii'-scils :{7l 

Kiircd  sfiils ;{7<t 

FjUiii.  h>)i  of  scliiiiinrr rC5 

Kxrriilive.     (Nee  Action  of  tbi-   I'liitcil  StutoM  (Jovrriinu'iit  rt-lativi'  to  Alaskii 

silii-C  the  ••(•ssioli.) 

Fiilkl.in.l  Ishiiids :«M 

(Str  (iImii  Stiitiilcs.  I'orciiiii.  ) 

Frain-f.  (.S'.r  Statutes.  loiciKii) 16!) 

Fnr-lirrtriuir  animals,  art  to|iir\cnl  the  cNtriiiiinal  ion  of.  in  Alaska  !fJ,!(!j 

I'lir  indnstiy  oC  liiMin^-  Ht-.i.     {Sn-  Nott^s  on  llif  Ciir  imliisliy,  ctr.; 

I''nrs.     (iSir  itlii)  Notes  on  tin'  fiii'  indnstiy,  ete, ) 

Fur-seals: 

Alaskan.     {S,r  Article  by  Dr.  Allen,  I'arl  III.) 

Calil'ornia '^7'^ 

l'!.\ termination  of  sontliern I5!K) 

lluutini;' in  Southern  ilemispliere  of.      (.sVc  Article  li,\  1  >r.  Allen.  I'arl  II.) 

.Mian  l''e!namle/ ;{7I 

Kcijiuelen ST^ 

New  Zealand I{7"> 

Northern '.u'2 

Of  (Miadaln|ie  Island,  ceil  ilieate  as  to  species r>H(; 

I'i'oliiliition  nuainst  killinn.    {Stc  l»e    ised  Stalnles, ) 

l>e;;lllations  for  protection  of I 

h'evenne  deriM'd  from,  hy  I'll i led  States i:i() 

South  African ','uTt 

Nontliern ;{71 

Sonlhern,  lireedliijf  of ;!7!t 

SiiMlherii,  iniliils  of ;{7r> 

Sonllieni.  inieralion  of .'{77 

(Sii' iilso,  .Vciion  of  'he  I'liitefl  States  relati\'e  to  .Vlaska;  Notes  on  the 
fur  industry.) 

OiiliijiaydM  Islands :i!M; 

(iami'  lawH  of  (ileal  Itritain  and  Canada 1,50 

(ii>.li<di.  Dr.  Henry  II Il>:t 

tion^rh  Island lot) 

(ireal   Itritain  and  Canada.  <i;ame  la\v8  of 4,'jO 

Great  Hrilain; 

Diplomatic  cones pondeiice  with  the  I  "niled  Stales.  (.Sec  I  >ip|omalic  corres- 
pondence, ) 
(Siitilno   lloveiin^j  acts;   Staliltes,  Folei;;!;;  'I'leaties.) 

Giiadalnpc  Island lOfi 

(iiiadalnpe  Island  fnr-.seal ."i.st; 

I  la  hits  of  southuru  fur- seals ;{75 

llair-.seals; 

Itearded :1XI 

Caspian   ;{8I 

Crah-ealinji ;W»> 

Disiri  1(111  ion  of USl 

Kare.l :t7l 

( ira  \ ;W5 

Harl.or :{8l 

Harp ;iX2 

I ,ak.;  Itaikal 3KI 

Leojiard 'MiH 

Monk ;wr. 

Hi  bhon 3HI 

Kin«ed 881 

Kos-NN ;W0 

Wc.ldells 'Mi 

W  est    Indian ;K"> 

Ilolnli.  I>r.   Kmi! 4Sl 

lloveriiijij  aits . 

tireat  hiilain 4!IS 

St.  Helena I!tr> 

Iniled  Stales.... MM 

1  111  \  lev .  I'rof.  T.  II..  •.lalem.nt  l>y , Ill 

Iiiip<'iial  Kiissian  edidv  reialiiiK  to  ilie  RiissiHU  .\MH'rican  Company: 

Ch.irter  of  17!>!t 14 

Ch. liter  of  \H-J\ 24 

Charter  of  1H44 , 'JH 

Lka»«.»f  1821 It) 


602 


SlIUECT-INDEX. 


Itiih 


(Sre  Stn 


.Ian  Miiyt'ii  soal 
.lapiiii.     {Sir  St 


coiiiiiiission 


470 

J4!t 

3J»5 
401 


Juiiit 

.Ilia II  iMTiiamlf/, 

K«T>{iielfii  I  .anil 

Killing  of.sfiils.     (Sir  Moiliis  vivcmli  of  \W2.) 

l.nwH  iiiactcil  li.v  CoiiiiicsH.     (.Sec  Ailiouot' tin-  ruitt'd  Status  (iovermut-ut  rel- 


iiUvf  to  Alaska  since  the  ct'ssiiiu.) 


Law 


s.     (.SVc  Statutes.) 


Leases — 


llic  Alaski 


il 


Lett 


Lett 


Lill.i 
Ldlx 
Lou 


Mas. 
Men 

Met' 

.Vlilii 
Moil 


Na  I  Ill- 
Nell  rii 
North 


Norw 

Notes 


i|»iiny 104 

North  Ameriean  Coiiiiiiercial  Company UI6 

iV  ("o.  to  l)e|iii(y  ('(iiisiil-(ieiieral  I'liffout TiST 

iry  Charles,  to  North  Ameriean  Coiiimereial  Coiii|iaiiy '>'2l 

II  Comiiieriiai  Company  to  Secretary  Charles  Foster .">20 

III  Comiiiereial  Coinpanv  to  Seerotarv  Charles  Foster '>'2'2 

ists 411 

.s 4h:j 

Kajihael   425 

Kol)ert   421 

iiistav 421 

il 4:{| 

.nrv  II  42a 

if.  Dr.  Wilhelm 42H 

s,  Kr.  Alplionse 41H 

1  iVe.l 420 

I'rof.  Haron  Ailolf  H  42« 

r.  Count  ToinasHo 422 

rt;  I  )r.  A 42!» 

Dr.  Leopold 42a 

r.  Wilhelm 42S 

■iw^W-'j:^-:; ''" 

<Ut\ '■ .!. o74 

IfiTil  Ailainx .")43 

uiiic ."»ai 

'leii .">2.'> 

11^-  vessels ."»2i) 

a!t4 

irt.  eireiilar  letter  of 414 

.les  nC  St.  I'aiil  Island :m 

iites,  l'"oreif;ii) 4X6 

r.  Alidionse 41H 

l«it2: 

may  visit  Seal  Islaiidti 7 

'...'. 7 

8 

to  iii(i|.il>it  seal  killiiij; (5 

seal  killiiif; ({,7 

H 

lels 7 

to  piohiliit  seal  killiiif; 7 

Letters  of  natmalists.) 

1 420 

iiiimereial  CoinpAiiy — 

(■  iilxo  LettiM's'* 020 

o lot) 

tales,  loreijjn.) 

'S  on  the  till  industry  of  Heriiig  Sea  and  tht)  adjoiiiiiif!;  re;jions 12.5 

Heru's  liyiires 125 

I'lir  Heal  skins  exported  from  1H()2  to  1H()7 12.") 

Fur  seal  skins  taki  h  I'lom  I'riliilof  Islands  from  IXtW  to  IWl I2S 

Furs  exported,  estimates  ^ix en  too  low 125 

Furs  exported  from  171a   to  182a 12« 

Furs  exported  from  1S17  to  isa7 12H 

Furs  exported  from  1S21  to  1802 127 

If'tioiireesot  Alaska 128 

Tiklimeiiiers  lijrures 127 

Veuiamiuofs  Hgures 12G 


L-- 


SUBJEPT-IXDEX. 


603 


N*-wf(iiini1ltini1  HealerioH W2 

NcwlomullaiHl.     (Sir  Sliitiitts.  (<>i«'i«;ii) 1(2 

Ni)\v  /fiiliiinl.     (Ste  StatiitcH,  t(»r«'i};ii) iiVI 

Ni)ti<'(>  InmikmI  li\  thr  I 'iiitoil  States  (idvurnmciit  ill  \H\'> jtl 

Oidiiiaiiit's.     (.V(c  Statiit<*s,  fort'ign). 

I'ataKiiiiiii ;»!M! 

JN'lafiii-  catcli,  I'Oiitfact  fur 5211 

r«'la;;i('  sc-aliii}?.     (.SV'c  Articlw  by  Dr.  Alh-ii,  I'ait  111.) 

l'iiiiii|icils,  Nviiopsis  of 'M'u 

I'riltilof  Islands KCi 

(AVe  .Vi'tioii  of  tln!  TuittMl  Stat<-8  (iiiveriiiiiciit  rclalivc  to  Alaska  since  the 
cession. ) 

(StT  oIki)  Notes  on  tile  I'lir  industry,  etc.) 

Prince  Kdward  Isliinds |(»0 

I'roelaniatiiiii  of  tiie  I'resident IlL' 

I'i'oliiliition  of  trade  on  Itiissian  American  coast  in  1S.4."» <(| 

(Quarantine  act I!M! 

KaidM.  'rreasiirv  list  of : ,"»1."> 

Kejiorts,  iitHeial : 

t'ai>taiii  tiooper I!W 

Decrease  since  1X7(1 WH 

Indian  sealers 503 

Indian  sealing; i"((l2 

Migration 'Mi 

rela^lc  sealing' iW 

l'elaf{ic  sealin;;  in  {'acilic  ( (cean ."lOI 

I'dagic  sealing  indiscriininale .')01 

I'elayic  sealiii;^.  mode  of .">0(),  'Mil 

l'ela;;ic  sealing:  on  (he  increase 4!MI 

l'rote<'tion  in  I 'acilic  ( >ceaii  necessary llMt 

Seals  <lo  not  land  on  coast l!tS 

Sealing  vessels ."i(N) 

Wajjes  of  sealers ."i()0 

Waste  of  life liWt.  .'.(••_> 

Canadian  |ielu;fic  sealing  indiislry ."i07 

Owners  of  sealing  vessels    .515 

Pelagic  catches,  18K1-1H9() 518 

Talde  of  jielagic  catch,  1H91 510 

Talile  of  sealing;  vesstds,  tonnage,  nn<l  crews,  1X!)1 .">()!) 

Tahle  of  value  of  vessels 511 

\esselN.  owiiei-v    513 

Lieutenant  t^iiiiriM 

I'elagic  sealum.  Indian 

INdagic  sealiiiji,  inetlHMJ  of.  .      

Spear  hiiiiting 

IJeveuiie  I'litlers  disiwttched  to  Bering  Sea 


Revenue  derived  from  the  Alaskan  seal  held 
Hussia. 

(.S'cc  II I  no  'neali*-*.  ) 

[Sir  Diploiiiiilic  correspoiideiic«. ) 


304 
505 
.5()« 
110 
i:{(l 


[Sei- iilnii  Siiitiites,  foreign) 
Hiissiaii  Anieiicaii  (diii|>an.\. 

( .s'ci  Additional  facis  relating  to;  K'lissian  correspondence  relating  to  the 
atlairs  of;  DipJiMUMtic  corii  spondeiice ;  < 'orrc^pondepce  rehitive  to  the 
Jiiiisdlctional  iiy:hts  in  hciiiig  Sea.  etc.,  ]ip.  L'2l-l.'|{5  and  2ll.'-2itS. ) 
(Sir  lMi]>erial  l\iis.-.iaii  edicts  relating  to;  Notes  on  the  fiir  industry  of 
llering  Sea  antl  the  adjoining  isl.tiids;  Notice  issued  hy  tht^  I'nited  .Stales 
(io\  ernmeiit  in  IM5.  i 
Hnssiaii  corr«8i«»iidem-e  relaliiiK   to  the  alfairs  of  the  Unssiiin  American  ( 'oin- 


ll.' 


]iai).\ 


(For  lisi  of  docnmeiits  dc(  t'rtHieiit>. ) 
Russia's  citrly  title  to  parts  oithc  Aniericau  eoast. 


Kxrract  from  l.ontion  i,iaaiierl\   Keview 
Kxirael  from  MarchatHl's  Vo\  s.c-s. 


ISMJO 


12 


l''.xtiact  from  Middletmis  ( 'o«s:ii«,tential  Memorial. 
K.Ntract  fnmi  .'^im|>i~«ii's  worV 


No  other  nation  ever  cluimeu  eastern  shore  of  Bering  Sei 


Ht.  Ambrose  IslamI . 

St.  Helena.     (Set'  lloNcriim  Acts,) 


II 

i:h 


:«i(! 


004 


Snt.IECT-INDEX. 


St.  I'.'lix  Isl.iiiil 

SI.  .M:irvN  Isliiiiil 

St.  I'aiil  I.sliimls 102 

SI.  I'aiil  ImImihI,  lablcM  of  wriitJHT  at  .'dtl 


:<!Ni 
{•Mi 


SiilisUur.v,  Lord.  (>Vc  l>i|iliiiii:ili<' riii'i'<'.s|Miii<lcii 'c 
Saliiiiiii  lislicrit's,  ail  tn  |irii\  idt-  fur  pinti  rtlon  of.. 
S.ilvadori,  I'rof.  Count  'roiiia.sNo 


iidwicli  Land . 


!t9 


;!!)!> 


.Srliooncl'  ./(/(/,  loji  ol' 


M 


vlal.r.  Mr.  I'liilip  Lullf.v,  allldavil   l..v 113 

Si'a-rlrpli;Mils : 


Calirnni 
llaWilNol'.. 
lloodfil-sfal 
lliiiiliii);  of 
Scarrilv  id'  . 
Sonllirni  . ., 


Sfaliiifi  \  csNcls,  loj;  liooKs  ol'. 
Sfa-lioii'< 


387 

'.WH 

3S7 

3Si» 

3!Mt 

:w« 

ni>5 

371 

371 

372 

372 

371 

372 

..^ 370 

371 

Seals,  s\  iiopsis  (»r 3(!7 

Sci/.iirfs  ill  llcriii;:  Sea HW.  10}» 

Sci/iirt'.s  ol' Vfssrls.      (Sif,  iiIhi),  MiiiIiis   ('(IV /((/(  <d'  ISIL'. ) 


.Viii'Ulaiid. 
Caliroriiia 

(irav 

Soiillii'rii  . 
Stillcrs... 


d. 


Seals,  bair 

Seals,     {Sir  l''iir-.seals  and  liair-seals,) 


Soiilli  .Vl'rira,  wesi  roast  of. 
South  lieoru:iii  Island 


South  Shetland  Islands 

Spain       {.Vc,  dlvt.  Treaties.) 
Statutes.  Koreiirn — 

.Viistralia.  an   ae|  reifiilatiiii;  pearl  shell  and  Iteelie-de  iiier  tislieiies 


403 
3<l!) 
3!W 


Ifl7 


Canada,  an  art  re 
Canada,  ^aiiie  laws  of. 


■ipeeliii;^  lisheries  and  lishiii;' Ill 


l.->7 

CeyUni,  reyMlal  ions  and  ordinaneeH  of Ilil 

Coloiiihia,  decree  of  I8!I0  on  di\  iii<;  with  luaehines  within  the  depart  men  I .        iH't 

Hill 
13.-. 
l,-.0 
170 

II!) 
18!) 


Decree  of  May  1(1.  IStW 

Falkland  Islands,  ordiiiaix-e  id' 

(ileal  ISritain,  liriefsMiniiiarv  of  laws  of,  relatin>>'  to  proleetion  of  };aine  . . 

Italy '. 

.lapaii,  extract  from  reiriilalions  niinilii'red  sixteen  id'tlie  seventeenth  year 


of  Mvii. 


M 


e.MCo, 


relal 


niu 


to  M 


exicaii  Ileal' 


I'l  lishi 


mil,  an  ad  to  alter  Itiiuinlaiics  of. 


New  I'liiiiidlaiid,  act  respediim  prosei'iition  of  se;il  lisherv 112 

■ I3ti 

IS2 

l!Mi 

i:^7 

115 

I!I5 


.New    / 

.Norway 

Quarantine  act 

Iielatiii<i'  to  oynler  lisheries  of  Ireliiiid 

h'ussia.  cikIc  of  laws  i;o\eriiiiin  inial  industry 
St.  Helena  act  '. . 


rrn^tiiiiy,  letter  liy  the  custodian  of  the  archives  at  .Monle\  iiieo 1 18 

Statutes  of  I'liittid  States.     (.SVe  Acliun  of  I'liited  .states  (Jov  ciiiiiieiit  relative 

to  .Ma.sUa  since  the  cession.) 
Tallies  of  furs.     (Str  Notes  on  the  fur  industry,  etc.) 

Tallies  of  weather  at  St.  I'aiil  Island i'lOl 

Talile  of  \  t'ssels  .seized  in  lierili"   Sea 10S-!) 


Ta> 


{Sir  Li 


■  ) 


Tierra  del  l''iief;ii. 

Trade  on  K'-issian  American  coast  )iroliiliiled 

Treasury  I 'epaitiiie.it.     (>'«/■  .Vctimi  of  the  riiiteil  Si.iles  <io\  eriiiiient  rehiti\e 
to  Alaska  since  the  cession.) 


Treasury  list  of  raids. 
Treaties: 

(ireat  Britain  and  Kus.;ia.  IH^."). 

Great  IJritain  and  Spain,  17!»0  . 


3!Mi 
!)1 


3!) 
32 


SUIURCT-INDEX.  605 

Tronties— Cnntiniii'd. 

I  j.i»...l  sr,tt.!s  1111(1  (JivHt  Hiiiiiiu,  \HIH. .  "'ij'i 

I  iiiti'd  Sliitcs  ami  h'lissi!!.  IHL'J Y,i 

liiit«'<l  st.if.'s  iiiiil  h'lissiii.  |H(i7 '.'. f' 

^        I  nited  Shiics  ami  Spuiii.  ixij).            • 'Y 

fieatv  orAil>itralioii  (if  mrj:              '^^ 

Arl>ltrati>ris 

Aijfiuiiiiit ^''^ 

('oimti'i'  casf! ^ 

l>i'i>*\ wlicii  to  IxTcnilcnd... ^ 

J'rrisioli.  til  lii>  <(i||si(l(>lf(l  liiiai...    E 

I  )i>('iiini-iitH 5 

l>iMiiiiuMits,  )ir(Mlii(tioii  of...! !!..!....[. ^ 

Extrusion  of  time f* 

Joint  ConnnisNion •' 

Joint  Coinniissinn,  ••xiii-nsrs  of. .....! 5 

]'la<'<'  anil  tinii'  ofnu'itin;,' ." 

l'li'ni|iotiiitiaiii'H \\[    '■^ 

I'rintcil  laso  and  (locMnitjnts  !..!.. \ 

I'roici'ilin^rs,  roiord  of f 

J'ur|io,si' i> 

Qiifstion  oCfait  may  lie  HnliinittiVl } 

(/nistions  snbniitti'd 7 

Ifntilii  ation '•} 

K'<K>il"itioiiH  lor  inotoitioii  of  fnr-HcalV  '. '? 

KVrord  of  |ii'oi('t'ilinjp.s • 

Triliiinal,  how  ronstTtntoii ''* 

TiilMinal.  iilacc  and  tin f  inoctinjr  }, 

rril.nnal.     (,Vr,<  Tifaty  of  Arl.itiation  of  1«!»2.) 

Install  ila  Ciinlia  Islands. 

I  kas.-  of  1 77!i.     ( .svr  ( 'liait.-r  of  17!i!t. ) '*^ 

I  kasi'  of  l«L'l 

Iiiitfd  Slal.-N.     (.sVf  liovwinitAitH  ") ^** 

United  Stati-.s: 

K'l'vcnim  dtsrivi'i!  from  Alaskan  sral  iirnl  ,on 

I'iimof  lilS'""""' '""""  *""■"'  '"■'^"'"' •    f-^''  Tn.atyof  Arhitm- 

rriij-iia.v.     (.SVe  statutes,  foivijrii).... 

\i'ssi|s.      (.SVr  Si'i/,iii|.  i,f  vi'sscIh.)  ■''*"' 

A'l'ssi'Is  si'izi'd  ill  ni'iiiiir  Sra 

Von  M.-iiilindoif,  I  )r.  A?Tli    '*"*'  '"** 

^'<■ll  Siliivmk.  Dr.  Lioiiold   '♦ajt 

Waliiisis I2:t 

Waters  of  Alaska.     (N't  ( 'oiTesi.omiemeielalinj;  to' the  allairs  .if  li;,:  linssim       '"''* 

the'eSS' '''"'''' """"  '"■"'"•  '■""•'•  ^'^'"^  ■•'•lati;;  t:;'Aitka"h;:.e 

Weather  JJineaii  talilea 

591 


